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Your employer should have properly-drafted disciplinary and grievance procedures in place, to clearly set out how you would deal with such an issue. If no procedures exist, the employer should follow the Acas Code of Practice.

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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.

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Frequently Asked Questions about Disciplinary and Grievance

What are disciplinary and grievance procedures?

Disciplinary and grievance procedures are formal processes that employers should have in place to handle issues related to employee behaviour, performance, or workplace complaints. These procedures outline the steps for addressing and resolving such issues fairly and consistently.

What should I do if my employer does not have disciplinary and grievance procedures?

If your employer does not have properly drafted disciplinary and grievance procedures, they should follow the ACAS Code of Practice. This code provides guidelines for handling disciplinary, and grievance matters in a fair and reasonable manner.

Does the absence of proper procedures make a dismissal automatically unfair?

No, the absence of proper procedures does not make any dismissal automatically unfair. However, it may render any final disciplinary or grievance decision unfair or unreasonable, which could impact the outcome of a claim in an employment tribunal.

What happens if my employer fails to follow the Acas Code of Practice?

If an employer fails to follow the ACAS Code of Practice and a claim is successful against them at an employment tribunal, any compensation awarded can be increased by between 10-25%. Therefore, it is crucial for employers to follow a fair and reasonable procedure when dealing with disciplinary or grievance issues.

How can Franklins Solicitors help with disciplinary and grievance procedures?

We can provide comprehensive support in relation to disciplinary and grievance procedures, including:

  • Advising on your rights and entitlements under existing procedures or the ACAS Code of Practice
  • Assisting in preparing for disciplinary or grievance meetings
  • Representing your interests during negotiations or hearings
  • Evaluating the fairness of the procedures followed and advising on potential claims
  • If you are an employer, draft suitable policies which comply with current employment legislation and adhere to ACAS Code of Practice.

What is the importance of following a fair and reasonable procedure?

Following a fair and reasonable procedure ensures that any disciplinary or grievance decision is just and defensible. It reduces the risk of successful claims against the employer and potential increases in compensation due to procedural failings.

Can I claim constructive dismissal if my grievance is not handled properly?

While failure to follow full procedures does not automatically give grounds for a constructive dismissal claim, it may contribute to the perception that the employer’s actions were unreasonable, potentially supporting such a claim in certain circumstances.

How can I prepare for a disciplinary or grievance meeting?

To prepare for a disciplinary or grievance meeting, gather all relevant documentation and evidence related to the issue. Ensure you understand your employment rights and the procedures involved, and consider seeking legal advice to represent your interests effectively.

How can I contact Franklins Solicitors for advice on disciplinary and grievance procedures?

To find out more or arrange an appointment to discuss disciplinary and grievance procedures or 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.

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.