Disciplinary & Grievance Proceedings

Dealing with conflict

One cannot escape conflict and disputes in the workplace – it will happen. What makes a difference is the ability of managers and employees to understand the nature of conflict and bring it to a swift and just resolution.

Disciplinary Procedure

A company’s disciplinary procedure is the formal way for employers to deal with employee misconduct and performance.  A manager should first try to resolve the problem informally by talking to the employee(s), both parties agreeing to the improvements to be made.  If this does not resolve the issue and the employer feels that a disciplinary procedure is a next step, the process should be fair and transparent.

However, it is often not the case.  Many employees feel anxious, overwhelmed, and lost when faced with a disciplinary procedure.  It is here where Robertsons Solicitors can help. The correct legal advice from an experienced employment solicitor can make all the difference.

Grievance Procedure

It is only fair that employers hear employee complaints, too.  A company’s grievance procedure deals with how employees can tell employers how they feel about specific issues.  

The ACAS (Advisory, Conciliation and Arbitration Service) has a code of practice for both disciplinaries and grievances and how they should be conducted.

Let us help with legal advice.

Doing things right from the start gives you the best chance for a positive outcome.  The employment law team at Robertsons Solicitors can be your guide in disciplinary or grievance proceedings – all the way to the UK Employment Tribunal if needed.  We will ensure that the correct ACAS grievance or disciplinary procedures are followed to ensure you received a fair result.

Disciplinary & Grievance Procedure FAQs

No, it is not the law. Instead, it is a minimum standard that a workplace must follow.  A company can have its own grievance or disciplinary policy, but should a case reach an employment tribunal, the judges will compare the company code with the ACAS code of practice to see if it is fair.

It is essential to be consistent in the disciplinary and grievance procedures, but it is even more vital to be reasonable. An employer should investigate each case on merit and consider mitigating circumstances. For instance, a drunk employee who is abusive and violent will be handled differently than somebody returning from lunch slightly tipsy after a family event.

If any employer end up treating people differently for the same offence, they should be able to explain why. Otherwise, an employee can claim discrimination.

The employer must ensure they’ve exhausted all avenues of investigation. In addition, they must prove that they acted on a reasonable belief of guilt based on the investigation.  If you are dismissed for gross misconduct, you should obtain immediate advice on your legal rights.

Our Expert Team

Our expertise is how we maintain our strong reputation as a law firm.

Meet The Employment Team