Grievance and Disciplinary Matters

It is important for employers to take advice as early as possible in grievance and disciplinary matters. Mishandling the situation may give rise to a claim in the employment tribunal, and frequently these cases are difficult and complications arise. As well as having expertise in employment tribunal proceedings, our team is well versed in advising HR managers on internal investigations, and advising on the process of disciplinary and grievance procedures (including performance management), to minimise the risk of such a claim.

We can assist with the following:

1. Drafting disciplinary and grievance policies
2. Reviewing any existing policies
3. Drafting decision and/or appeal correspondence to employees
4. Assist you in managing any grievance or disciplinary matters that arise
5. Provide advice and representation in any employment tribunal proceedings
6. Provide guidance to ensure that your business is compliant with employment legislation and the ACAS Code of Practice.

At TV Edwards, we regularly advise businesses of all sizes, and ensure that we understand your requirements together with the issues at hand, advising you on the best strategy available in order to put your best case forward and to protect your interests.

Dealing with an employee grievance

A grievance is whereby one of your employees makes a complaint about another colleague, or a particular business policy/practice. You should always take grievances seriously and you should have a specific procedure in place to deal with the same (which is compliant with the ACAS Code – please see further below).

The following represent some of the most common types of grievances brought by employees against their employers:

1. An employee is in dispute with another employee;
2. An employee believes that they have been bullied or discriminated against in the workplace; and
3. An employee raises an issue with a new policy or procedure that has been implemented.

What is the ACAS Code?

The Acas Codes of Practice is a documented policy, provided by ACAS, which provides guidance as to how formal disciplinary and grievance matters should be handled in the workplace. It, effectively, sets the minimum standard of fairness that workplaces should follow and provides guidelines that the employer can use to ensure they conduct a disciplinary procedure that is sufficient.

It is important to follow the ACAS Code as the guidance is used by employment tribunals when deciding on relevant cases (and, if the Code is not followed, it can potentially lead to an increase in damages awarded by the tribunal).

Failing to act in a disciplinary matter could lead to acceptance by conduct

It is important for employers to ensure that they take swift action when they consider that there may have been employee misconduct and/or a breach of the employment contract.

Failure to take action, in some circumstances, could be deemed as an acceptance of the misconduct and/or breach of the employment contract, and then the business may lose its right to pursue the employee for that misconduct and/or breach.

Employers need to ensure that they are obtaining early advice, and understand their legal position from the outset of any potential misconduct and/or breach.