Disciplinary & Grievance

Facing disciplinary action or having to raise a grievance about something you are unhappy about at work are experiences that people hopefully don’t have to go through during their employment. The reality is though, that these situations do arise and they can often be very stressful.

Disciplinary Hearings

We are able to provide you with advice throughout the process on what to expect from your employer and the best approach to take. We can draft statements for you to use at your hearings as well as pull together evidence to best support your defence to the allegations against you. If you are unhappy with the outcome of the disciplinary hearing, we can draft an appeal against the sanction for you.

The usual disciplinary process is:

• 1. Allegation made
• Ideally you will be advised of any such allegation shortly after the allegation is made
• You may be suspended (usually on full pay) pending an investigation
• 2. Investigation
• Your employer should conduct a reasonable investigation
• This should include meetings with you, the person making the allegation, and any witnesses that you or they refer to
• There is no right to have someone with you at this meeting
• 3. Disciplinary Hearing
• Your employer should confirm in writing the time, date and place of the hearing as well as exactly what is being alleged, confirmation of your right to be accompanied, and all the evidence they have obtained through their investigation
• You should be given enough time to prepare for the disciplinary hearing, usually around a week
• 4. Appeal Hearing
• If you are unhappy with the outcome then you should appeal the decision. If you fail to appeal then you could face a deduction of up to 25% of any compensation awarded in an unfair dismissal claim.

If, following the appeal, you are still unhappy with the action with your employer then you may have a case for unfair or constructive dismissal.

Grievances

A grievance is essentially a letter of complaint. It may be that someone is bullying you at work, or that there is an issue with your pay. Whatever the concern, if you are unable to resolve it informally, then a formal grievance should be submitted.

All employers have slightly different policies and you should look at your staff handbook or contract of employment for any specific requirements your employer has and who it should be sent to. In the absence of a grievance procedure, you can look at the ACAS Code of Practice relating to grievances.

We can draft the grievance letter for you, submitting the grievance on our letterhead, or if you wish draft it as if it is coming from you.