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Discipline and grievance procedures

Disciplinary rules and procedures set out the standards of conduct expected of staff and the steps an employer may take where such standards are not complied with.  Grievance procedures provide employees with information about what steps they should take if they wish to lodge a grievance in relation to any aspect of their employment.

Employers have a duty to provide written information to employees regarding certain procedures that should be followed in situations involving disciplinary and grievance issues. The conciliation service ACAS has produced a Code of Practice on Disciplinary and Grievance Procedures which gives non-binding guidance on how these matters should be dealt with.  An Employment Tribunal will consider the extent to which both employers and employees have followed this guidance in any claim that comes before it involving a grievance or disciplinary issue.

Key Risks

Where organisations operate without clear procedures in place, or carry out disciplinary or grievance matters without following the ACAS Code, the employer will be at risk of a dismissal being deemed to be unfair which, in turn, may lead to an increased compensatory award by an Employment Tribunal.

How we can help…

We regularly draft disciplinary and grievance procedures for organisations of all sizes.  We also update existing policies, and advise employers on how to ensure they follow the correct procedures in dealing with disciplinary and grievance matters.

We also advise employees going through grievance or disciplinary processes in the workplace.