Disciplinaries and Grievances
Effective disciplinary and grievance procedures are vital for maintaining good employee relations and managing workplace conduct or complaints fairly and consistently.
You are legally required to have clear procedures, communicate them to staff, and follow them in practice.
Key Employer Considerations
At a glance, you should ensure that:
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disciplinary and grievance policies are in writing and accessible to all staff
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procedures reflect the ACAS Code of Practice on disciplinary and grievance procedures
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investigations and meetings are prompt, fair and consistent
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employees are informed of their right to be accompanied at hearings
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outcomes and appeals are communicated in writing
What Is A Disciplinary Procedure?
A disciplinary procedure is the formal process used when there are concerns about an employee's behaviour, conduct, performance, attendance, or other issues that fall short of expected standards.
Although UK law does not prescribe a detailed step-by-step set of requirements, you must follow a fair and reasonable process in line with the ACAS Code. Tribunals will consider whether your approach was reasonable if a dispute leads to a legal claim.
What is Involved in a Fair Disciplinary Process?
The key features of a fair disciplinary process include:
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a clear policy outlining behaviours and standards
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an investigation to establish facts before any formal action
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written notification of the issue and possible consequences
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a formal disciplinary hearing where the employee can respond
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the right to be accompanied by a colleague or trade union representative
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written outcomes and explanations
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an appeal process conducted by someone not previously involved
You should treat suspension during investigation with care, typically on full pay, and ensure it is not punitive.
What is a Grievance Procedure?
A grievance procedure enables an employee to raise concerns or complaints about workplace issues, treatment, policies, or decisions. It provides a structured way for issues to be investigated and resolved internally before they escalate.
Employees should be encouraged to raise issues informally first where possible, but formal grievance procedures should be clearly set out and available to all employees.
What are the Key Steps in a Grievance Procedure?
During a grievance process, an employer should:
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explain how to raise a grievance and to whom
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host a grievance meeting where the employee can set out their concerns
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allow the employee the right to be accompanied
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set out timeframes for response and investigation
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provide a written decision and reasoning
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include a right to appeal
Fair handling of grievances can reduce the risk of claims such as constructive dismissal or discrimination if grievances are ignored or dealt with unfairly.
Why Does the ACAS Code of Practice Matter?
The ACAS Code of Practice on Disciplinary and Grievance Procedures ('the Code') sets out the minimum standards for fair process in both disciplinaries and grievances. It is not legally binding, but Tribunals will take compliance with the Code into account when assessing fairness.
A tribunal may increase or decrease compensation by up to 25% if it finds that either party unreasonably failed to follow the Code.
You should use the Code as a baseline and tailor procedures to your organisation, ensuring fairness and transparency.
What Happens if you Fail to Follow the Code?
Failure to follow a fair procedure or the ACAS Code can:
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undermine your position in a tribunal
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lead to increased compensation awards
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cause reputational damage
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expose you to claims such as unfair dismissal, discrimination, constructive dismissal, or breach of contract.
How We Can Help
Disciplinary and grievance procedures are often complex and fact sensitive.
Early legal advice can help ensure that procedures are compliant with legal standards and reduce the risk of disputes escalating. If you need more advice in the area, please contact us.
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