Disciplinary/Grievance
Disputes or dissatisfaction in the workplace need to have some way of being sorted out.
Recent changes in the law mean that the former statutory procedures and codes set by ACAS for grievance and disciplinary procedures have now been superseded by a set of voluntary procedures backed up by guidance from ACAS.
Following these changes a technical breach of procedure which does not affect the substantial fairness or the outcome of the issue will not give rise to automatic unfairness.
Grievances should be fully and independently investigated.
A disciplinary procedure should provide a means of investigating and deciding upon a concern which is fair to all involved.
The basic requirements of a disciplinary procedure should involve four stages:
- written notification
- a hearing
- a decision
- an appeal (if appropriate)
The outcome can involve:
- dismissal of the complaint
- an oral warning
- a written warning (first or final warning)
- summary dismissal (this generally is only appropriate where there has been gross misconduct)
- another sanction which it is reasonable for the employer to impose such as demotion
If the disciplinary procedure is not conducted in a fair and impartial way it might entitle an employee affected to resign and claim constructive dismissal.
To speak to someone who can help with a disciplinary or grievance matter or any other employment related issue call, email or request a call back from one of our specialist lawyers.