How Can Our Business Service Solicitors Help?
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 the process is fair and legally compliant.
We offer a full HR service and can provide you with a fully qualified HR specialist to undertake investigations, attend hearings with you to provide support or if necessary, to act as the decision maker in any hearing, including appeal hearings.
In addition, when grievance issues arise, we can offer third party impartial mediation services to you and your employee to try to resolve problems in the workplace and reduce the risk of the employee bringing a claim. Mediation is also 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.
Our employees are all in their early twenties if we employ someone in their sixties they would be out of place. Do we have to hire someone of this age?
If you interview someone in their sixties and they turn out to be as good or even better than your current employees in their twenties you should not let their age be a determining factor as to whether you hire them or not. Since October 2006 it has been unlawful to reject anyone for an interview based on their age. There is not a lot employers can do to control the age of their workforce therefore you would potentially have to recruit someone in their sixties even if you have a younger workforce.