Disciplinary and Grievance
Unfortunately, at some point disciplinary matters and grievances are likely to arise in the workplace.
Disciplinary matters arise where, amongst other things, an employer takes action in relation to allegations of misconduct or poor performance. Grievances, on the other hand, arise where an employee has a complaint, concern or problem about any aspect their work.
It is essential for employers and employees that there is a clear and fair framework in place to deal with discipline and grievance issues when they arise.
The ACAS Code of Practice on Discipline and Grievance sets out best practice for how discipline and grievance issues should be dealt with in the workplace; and employment tribunals can adjust awards of compensation (up or down) in successful claims by up to 25 per cent to take account of any failure by an employer or an employee to follow the advice of ACAS in the Code.
We can help with any stage of the disciplinary and grievance process. We are able to help guide you through the process to ensure that your employer adopts a fair procedure and are able to help you prepare for any meetings by analysing evidence and witness statements. We can also help you with any subsequent appeal. We have successfully helped clients remain in employment or secure re-employment, and have also helped clients secure financial settlements to leave their employment under settlement agreements .
We can advise on representation at any disciplinary or grievance meeting, and can arrange to have a qualified trade union official at the meeting to represent you and make sure you are supported – even if you aren’t a member of a trade union.
In addition, when grievance issues arise, we can refer third party impartial mediation services to you and your employer to try to resolve problems in the workplace without having to take any further action. Mediation is recommended in the ACAS Code of Practice, so taking part in mediation can help you to show that you have complied with the Code if you need to in any subsequent claim.
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