Disciplinary and Grievance Procedures

If you are experiencing difficulties at work, our specialist employment solicitors can provide you with the expert assistance you require.

Typically, disciplinary matters revolve around accusations of employee misconduct, while grievances involve employees raising complaints or concerns with their employer. Regardless of the situation, the employer must handle these issues reasonably, conduct thorough investigations and protect your fundamental rights, such as the right to have an individual accompany you to a formal disciplinary or grievance meeting.

We can advise you throughout the entire process, ensuring that the matter is being dealt with correctly. We can assist with preparing the necessary letters to your employer, including letters appealing your employer’s decision if required. If the disciplinary process leads to your dismissal or if your grievance is not dealt with fairly, we can advise you on how to bring a claim in the employment tribunal.

What happens if you get a disciplinary at work?

Receiving a disciplinary notice at work can be stressful, which could result in you being suspended, depending on how severe the issues are.

If you face disciplinary action at work, your employer has a duty to you to make sure it is dealt with lawfully and that it follows their disciplinary process.

What should a disciplinary policy include?

A disciplinary policy should include the following information:

• Rules and standards: A clear set of rules and standards that employees must follow, with examples of what constitutes as misconduct.
• Disciplinary actions: An outline of the steps your employer may take if these rules and standards are not met.
• Right to appeal: A clear explanation of your right to challenge or appeal any disciplinary decision made.

Grievance procedures

If you have a grievance at work, it can make your life very stressful. It is often problematic for an employee to raise a grievance against their employer. However, a formal grievance complaint is beneficial if you want to resolve any issues between the parties formally.

What should be included in a grievance procedure?

Your employer will have a grievance procedure, which should be available to all employees in the company handbook or manual. This should give you information on the grievance procedure, including:

• The right to raise a grievance: Employees may submit a written grievance to their employer, clearly outlining the concerns or issues they wish to raise.
• The right to a grievance meeting: Employees are entitled to meet with their employer to discuss the matters that led to the grievance and present any supporting information.
• The right to appeal: The opportunity for the decision to be appealed.

How we can support you

Our employment solicitors provide practical advice to help you through the disciplinary and grievance process, ensuring that all matters are handled correctly. We can:

• Assist you with preparing and drafting relevant documentation and correspondence with the employer.
• Provide support and advice as to what further steps can be taken (if necessary) whatever the outcome of the disciplinary or grievance process. This may include the need to commence employment tribunal proceedings.

We would strongly recommend that you look at the ACAS Code on Disciplinary and Grievance Procedures, which places obligations on both employees and employers to comply with its provisions or face possible sanctions at any future employment tribunal proceedings.

It is important to note that important time limits apply to employment tribunal proceedings. You have only three months less one day to take the steps to bring a claim, so it is in your best interest to seek advice without delay.

If you are facing a disciplinary process or are considering raising a grievance, please get in touch with our friendly and approachable employment solicitors in Doncaster on 01302 341414 or call 0114 272 1884 for our Sheffield solicitors.

For more information on disciplinary and grievance procedures you can download our helpful employment law guides here.

Our expert team can advise you on any of the following issues: