Disciplinary Actions & Grievance Procedures

Practical advice on disciplinary action and workplace grievance procedures & disciplinary rules

If you are subject to a disciplinary hearing or have a grievance/grievances that you would like to pursue against your employer we can help.

We can advise you of your rights, work through the procedures and assist with your preparation.

Disciplinary Issues

It is important for the employer to carry out a reasonable investigation before deciding whether a disciplinary hearing should take place.

If your employer decides there is a case to answer, you should be notified in writing of the alleged misconduct or poor performance and its possible consequences in sufficient detail to enable you to respond at a disciplinary hearing. You should be provided with any written evidence, which may include witness statements. You should also be told of your right to bring a companion to the hearing, who will usually be either a Trade Union official or a work colleague.

At the hearing, the employer should explain the allegations and go through the evidence. You should then be allowed to set out your case and respond to the allegations. You should be provided with reasonable opportunity to ask questions, present evidence, call relevant witnesses and raise points about any information provided by witnesses.

Following the hearing, your should receive the employer's decision in writing without unreasonable delay. If you feel the disciplinary action taken against you is unfair, you should appeal in writing, specifying the grounds of your appeal. If you bring a tribunal claim without appealing, there may be a reduction in any compensation awarded.

Grievances

A grievance can be any concern, problem or complaint that you raise with your employer. If a grievance cannot be resolved informally, you should raise it in writing with a manager (if the grievance concerns their line manager, the grievance should be raised with another manager).

A failure to raise the grievance in writing does not prevent you from bringing a tribunal claim about the matter. However, you may recover less compensation if you have not done so.

A meeting should be held to allow you to explain your concerns and how you think it should be resolved. If the matter needs further investigation, the employer should consider adjourning the meeting and resuming it after the investigation has taken place. When the meeting is concluded, the employer should communicate its decision in writing without unreasonable delay.

You have a statutory right to bring a companion to a grievance hearing. If you intend to do so, this should be communicated to your employer as soon as possible. The companion is usually either a Trade Union official or a work colleague.

You should be told that you have a right of appeal when your employer tells you of their decision. If you are not satisfied with the outcome, you should appeal in writing, specifying the grounds of your appeal. If you bring a tribunal claim without appealing, there may be a reduction in any compensation awarded.

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Tel: 0845 293 2729 . Email us . The Foundry, Euston Way, Telford, Shropshire TF3 4LY