Disciplinaries and Grievances

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.

Your Rights During a Disciplinary Procedure

Employers should:

  • Inform you in writing of the issues or allegations
  • Give you adequate time to prepare a response
  • Allow you to be accompanied by a colleague or trade union representative at disciplinary meetings
  • 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.

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:

  • treatment by colleagues or managers
  • application of company policies
  • workload or working environment
  • pay or contractual concerns

How to Raise a Grievance at Work

You should normally raise a grievance in writing. Your employer should then:

  1. Acknowledge receipt of your grievance promptly
  2. Arrange a meeting to discuss your concerns
  3. Allow you to be accompanied by a colleague or trade union representative
  4. Investigate the issues impartially
  5. Provide a written outcome and explanation
  6. 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 Your Employer Fails to Follow Procedure?

Fair disciplinary and grievance handling usually includes:

  • Clear explanation of the issue or complaint
  • Genuine investigation where appropriate
  • Opportunity for you to explain your position
  • Meetings scheduled with adequate notice
  • Right to be accompanied
  • Written outcomes and reasons
  • Right of appeal

If your employer fails to follow a fair and reasonable procedure:

  • a disciplinary sanction (including dismissal) may be considered unfair
  • any formal decisions may be challenged
  • 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 You Bring a Tribunal Claim?

You may be able to bring a claim to the Employment Tribunal if:

  • you have been dismissed and the procedure was unfair
  • you have been treated detrimentally as a result of raising a grievance
  • the grievance outcome breached your rights under employment law

Time limits are strict. For many claims you have three months less one day from the relevant event to issue a tribunal claim. 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:

  • understanding your rights and options
  • preparing grievance or disciplinary responses
  • handling procedural irregularities
  • tribunal claims where appropriate
  • negotiating settlements

We provide practical, tailored advice to help you pursue the outcome you need.

Frequently Asked Questions

Can I bring a tribunal claim if my grievance is ignored?

Possibly. If your employer fails to deal with your grievance fairly and this results in detriment, dismissal, or breach of contract, you may have grounds for a tribunal claim. Time limits usually apply.

Do I have the right to be accompanied at a disciplinary meeting?

Yes. You have the right to be accompanied by a colleague or trade union representative at formal disciplinary or grievance meetings.

What if my employer does not follow the ACAS Code?

If your employer unreasonably fails to follow the ACAS Code of Practice, a tribunal may increase compensation by up to 25%.