Disciplinary & Grievance
Grievances are a type of complaint or concern than an employee raises with their employer, and relate to any workplace-related issue. This may be relating to a problem the employee is experiencing, such as harassment, or may be in response to notification that an employer intends to take certain actions, such as disciplinary action.
Strict disciplinary processes must be followed by employers to be compliant with employment law, and our legal team can provide advice on which steps must be taken. We can also provide advice to employees who wish to lodge a grievance of any kind, including relating to disciplinary action. Whether you are an employee or an employer, we can provide expert legal advice in this area.
For more information about our employment law services please call us on +44 (0)20 3475 6751 or email email@example.com
More information about Disciplinary and Grievance
Does your business have disciplinary and grievances procedures in place? We can assist with complaints, grievances, and disciplinary matters, including dismissal.
Disciplinary and grievance procedures are an extremely delicate area of the law, and one where the employer is liable to face considerable opposition from the employee. It’s therefore essential that every employer ensures that disciplinary action is taken where necessary, but also that it’s fair, legal and reasonable. There must equally be an environment where employees can raise grievances without fear of retribution and with the confidence that their complaint will be dealt with responsibly.
Section 3 of the Employment Rights Act 1996 sets out some of the rights that an employee has when being subjected to a disciplinary procedure, including the fact that these must have been previously set out in writing. The employment contract or accompanying handbook should therefore always describe the disciplinary procedures that the company will follow.
You should always follow best practice when dealing with a disciplinary matter, and this includes carrying out proper investigations. As a bare minimum, every case where disciplinary action and potential dismissal are being considered should include:
- An initial investigation followed by a hearing if there is a case to answer
- Written notice of this hearing should be provided in advance to the employee. Include the reasons for the hearing and their right to bring representation
- Following the hearing, the outcome should be confirmed in writing, together with the right of appeal.
A similar process should be followed for the appeal, which should ideally be carried out by a more senior manager.
Your company grievance procedure should create the opportunity for any employee to voice concerns without fear of reprisals. The grievance may be about either their employment or their working conditions.
A grievance should be considered as a useful opportunity as it allows improvements to be made for the benefit of all.
It’s essential to get both your disciplinary and grievance procedures clearly set out for employees to refer to. We can help with drafting your procedures or offering legal advice on the implementation and decision-making process.
YOUR EMPLOYMENT LAW TEAM
Employment Partner / Barrister
t: +44 020 3475 2713
m: +44 07572 823 361
Acted for an associate in the banking sector who was discriminated against because of their background, and settled for a year’s worth of salary and a bonus
Advised a client in the research sector who was being harassed by their manager, and helped expose systemic abuse within the workplace
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All our clients benefit from the same high level of care and attention whether the instruction is big or small. At the outset of each matter, we discuss the entire process with our clients, including the costs, potential outcomes and issues associated. This is to ensure clients are fully aware, knowledgeable and are in control always. Supporting and ensuring we provide the highest level of services, we offer our constant contact process with the partner or barrister leading your file, a document log in for matters which are for larger and more complicated instructions and on-going support post transaction should our clients require it. Our aim is not just to get the work done, but to make our clients’ lives easier as we do it, which is why we ensure that our clients have regular access to the resources they need from us.
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Winter is here & so is the snow.
Airports, motorways and sidewalks are slippery, icy or closed.
So, do I have to go to work?
In the unfortunate event that you must dismiss an employee for misconduct or poor performance, there are certain steps and measures to be followed in order to avoid the risk of disputes and litigation.