Disciplinaries and Grievances

Effective disciplinary and grievance procedures are vital for maintaining good employee relations and managing workplace conduct or complaints fairly and consistently. Employers are legally required to have clear procedures, communicate them to staff, and follow them in practice.

Key Employer Considerations

At a glance, employers should ensure that:

– disciplinary and grievance policies are in writing and accessible to all staff

– procedures reflect the ACAS Code of Practice on disciplinary and grievance procedures

– investigations and meetings are prompt, fair and consistent

– employees are informed of their right to be accompanied at hearings

– outcomes and appeals are communicated in writing

What Are Disciplinary Procedures?

A disciplinary procedure is the formal process an employer uses 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, employers must follow a fair and reasonable process in line with the ACAS Code. Tribunals will consider whether the employer’s approach was reasonable if a dispute leads to a legal claim.

Key Features of a Fair Disciplinary Process

– a clear policy outlining behaviours and standards

– an investigation to establish facts before any formal action

– written notification of the issue and possible consequences

– a formal disciplinary hearing where the employee can respond

– the right to be accompanied by a colleague or union representative

– written outcomes and explanation

– an appeal process conducted by someone not previously involved

Employers should treat suspension during investigation with care, typically on full pay, and ensure it is not punitive.

What Are Grievance Procedures?

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.

Key Steps in a Grievance Procedure

– explain how to raise a grievance and to whom

– host a grievance meeting where the employee can set out their concerns

– allow the employee the right to be accompanied

– set out timeframes for response and investigation

– provide a written decision and reasoning

– 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.

The ACAS Code of Practice – Why It Matters

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.

Employers should used the Code as a baseline and tailor procedures to their organisation, ensuring fairness and transparency.

What Happens If Procedures Aren’t Followed?

Failing to follow a fair procedure or the ACAS Code can:

– undermine the employer’s position in a tribunal

– lead to increased compensation awards

– create reputational damage

– expose the employer to claims such as unfair dismissal, discrimination, constructive dismissal, or breach of contract.

Say Hello

Disciplinary and grievance processes 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 this area, please call a member of our team.