Grievance Procedures
Problems inevitably arise between employee and employer and, although best resolved informally, often need to be dealt with on a more formal basis.
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Understanding Disciplinary and Grievance Procedures
Disciplinary and grievance procedures are formal processes that employers should implement to manage issues related to employee behaviour, performance, or workplace complaints. These  procedures ensure that such matters are addressed and resolved fairly and consistently.
The importance of having proper Procedures
If your business does not have properly drafted disciplinary and grievance procedures, it is essential to follow the ACAS Code of Practice. This code provides guidelines for handling disciplinary, and grievance matters in a fair and reasonable manner, helping to mitigate legal risks. However, it is equally important and beneficial to your business to have properly drafted policies and procedures in place.
Does the absence of proper procedures automatically make a dismissal unfair?
No, the absence of proper procedures does not automatically make a dismissal unfair. However, it can render any final disciplinary or grievance decision unfair or unreasonable, which could negatively impact the outcome of a claim in an employment tribunal.
Consequences of failing to follow the ACAS Code of Practice
Failure to adhere to the ACAS Code of Practice can result in significant penalties. If a claim against your business is successful at an employment tribunal, any compensation awarded can be increased by 10-25%. Therefore, it is crucial to follow a fair and reasonable procedure when dealing with disciplinary or grievance issues.
How Franklins Solicitors can assist
At Franklins Solicitors, we provide comprehensive support for employers in relation to disciplinary and grievance procedures, including:
- Advising on rights and entitlements: We help ensure your procedures comply with existing policies and the ACAS Code of Practice.
- Drafting suitable policies: Our team can draft disciplinary and grievance policies that comply with current employment legislation and adhere to best practices.
- Preparation for Meetings: We assist in preparing for disciplinary or grievance meetings, ensuring all necessary documentation and evidence are in order.
- Representation and Negotiation: We represent your interests during negotiations or hearings, providing expert legal advice and support.
- Evaluating Fairness: We evaluate the fairness of the procedures followed and advise on any potential claims, helping you minimise legal risks.
Importance of following a fair and reasonable procedure
Following a fair and reasonable procedure ensures that any disciplinary or grievance decision is just and valid. This reduces the risk of successful claims against your business and potential increases in compensation due to procedural failings.
Preparing for disciplinary or grievance Meetings
To prepare for disciplinary or grievance meetings, gather all relevant documentation and evidence related to the issue. Understand your legal obligations and the procedures involved. Seeking legal advice can help ensure that you handle these matters effectively and in compliance with the law.
Handling Constructive Dismissal Claims
While failure to follow proper procedures does not automatically give grounds for a constructive dismissal claim, it can contribute to the perception that the employer’s actions were unreasonable. This may support such a claim in certain circumstances.
For expert advice and assistance with disciplinary and grievance procedures, contact Franklins Solicitors today. We are here to help you navigate these complex issues and protect your business interests.
How can I contact Franklins Solicitors?
To find out more or discuss any other aspect of employment law, please contact our Employment Law team by calling 01908 660966 or 01604 828282. You can also email us at info@franklins-sols.co.uk or click on the button below to arrange for someone to get in touch.
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Whilst a failure to follow a full procedure does not make any dismissal automatically unfair (nor will it automatically give an employee with a grievance grounds to claim constructive dismissal), it may render any final disciplinary or grievance decision unfair or unreasonable. If a claim is successful against an employer at the employment tribunal, any compensation can be increased by between 10-25% for failure to follow the Acas Code of Practice. It is therefore very important to ensure that a fair and reasonable procedure is followed when dealing with any disciplinary or grievance issue.
Frequently Asked Questions about Employment Law
What are disciplinary and grievance procedures?
Disciplinary procedures are used by employers to address employee misconduct or performance issues. Grievance procedures allow employees to raise concerns, problems, or complaints with their employer.
Why are these procedures important in the context of UK employment law?
These procedures are crucial as they provide a clear framework for dealing with workplace issues. They ensure fairness and transparency, helping to avoid potential employment tribunal claims.
What types of grievances can be raised by an employee?
Grievances may pertain to various issues such as bullying, harassment, discrimination, workload, working conditions, or disagreements with management decisions.
How should a business conduct a disciplinary hearing?
A disciplinary hearing should be carried out by an unbiased manager and in accordance with the company’s policy. The employee must be given written notice of the allegations, evidence, and the opportunity to respond. They also have the right to be accompanied.
What are the timelines for disciplinary and grievance procedures?
There are no specific legal time frames, but issues should be dealt with promptly. ACAS suggests a 5-10 working day period between each stage of the process.
What is the regulatory framework surrounding these procedures?
The main guide is the ACAS Code of Practice on Disciplinary and Grievance Procedures. Failure to follow it doesn’t make a person or organisation liable, but Employment Tribunals take compliance and non-compliance into account.
Contact the Franklins Employment Law team
If you have any questions about employment law, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
