Disciplinaries and Grievances
Workplace disciplinary and grievance processes can be difficult to navigate, particularly where your job, reputation or working relationships are at risk.
This page explains what disciplinary and grievance procedures involve, your rights during the process, how the ACAS Code applies, what may happen if your employer fails to follow a fair procedure, and when you may have grounds to bring an Employment Tribunal claim.
What is a Disciplinary Procedure?
A disciplinary procedure is a formal process an employer follows when there are concerns about your conduct, capability or performance. It is designed to ensure that any action taken is fair, reasonable and proportionate.
A fair disciplinary process helps protect both you and your employer by ensuring concerns are addressed openly and with a proper opportunity to respond.
What Are My Rights During a Disciplinary Procedure?
Employers should:
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Inform you in writing of the issues or allegations
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Give you adequate time to prepare a response
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Allow you to be accompanied by a colleague or trade union representative at disciplinary meetings
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Provide clear reasons for any decisions and allow you the opportunity to appeal
Disciplinary decisions must be reasonable, and employers must follow a fair and transparent process.
What is the ACAS Code of Practice?
Most employers base their procedures on the ACAS Code of Practice on Disciplinary and Grievance Procedures. While the Code is not law, tribunals will take it into account when considering whether a dismissal or disciplinary sanction was fair.
If your employer unreasonably fails to follow the Code, a tribunal may increase any compensation awarded by up to 25%.
What is a Grievance?
A grievance is a complaint raised by you about your working conditions, treatment, or any aspect of your employment that you consider unfair or inappropriate.
Typical issues raised in grievances may include:
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treatment by colleagues or managers
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application of company policies
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workload or working environment
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pay or contractual concerns
How Can I Raise a Grievance At Work?
You should normally raise a grievance in writing. Your employer should then:
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Acknowledge receipt of your grievance promptly
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Arrange a meeting to discuss your concerns
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Allow you to be accompanied by a colleague or trade union representative
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Investigate the issues impartially
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Provide a written outcome and explanation
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Inform you of how to appeal, if you are dissatisfied
Your employer should handle grievances in a fair, timely and consistent way.
What Happens if My Employer Fails to Follow Procedure?
Fair disciplinary and grievance handling usually includes:
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Clear explanation of the issue or complaint
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Genuine investigation where appropriate
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Opportunity for you to explain your position
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Meetings scheduled with adequate notice
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Right to be accompanied
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Written outcomes and reasons
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Right of appeal
If your employer fails to follow a fair and reasonable procedure:
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a disciplinary sanction (including dismissal) may be considered unfair
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any formal decisions may be challenged
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in some cases, you may have grounds for an Employment Tribunal claim, for example for unfair dismissal or breach of contract
It is important to follow your employer’s formal process first before escalating matters externally.
Can I Bring a Tribunal Claim?
You may be able to bring a claim to the Employment Tribunal if:
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you have been dismissed and the procedure was unfair
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you have been treated detrimentally as a result of raising a grievance
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the grievance outcome breached your rights under employment law
Time limits are strict. You must also notify ACAS Early Conciliation before issuing a claim.
How We Can Help
Disciplinary and grievance issues can be distressing and complex. Our solicitors advise employees on:
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understanding your rights and options
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preparing grievance or disciplinary responses
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handling procedural irregularities
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tribunal claims where appropriate
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negotiating settlements
We provide practical, tailored advice to help you pursue the outcome you need.
CONTACT US
For enquiries, legal advice, or case evaluations, feel free to reach out to us anytime. Fill out the form below and a member of the team will be in touch as soon as possible.