Disciplinary and grievance procedures are a key part of the legal framework that governs the employer and employee relationship. The correct procedures ensure that everybody is treated fairly and assist employers in complying with the Employment Rights Act 1996 and the ACAS Code of Practice on disciplinary and grievance matters.
These procedures can result in a multitude of outcomes, spanning from no action being taken, through to termination of employment. If the conclusion involves termination of employment, an employee may seek to challenge the dismissal in the employment tribunal. The tribunal will examine the disciplinary or grievance process and has the discretion to increase or decrease any amount of compensation by 25%, depending on whether the ACAS Code of Practice has been complied with.
A pre-emptive approach helps to manage the risk of a complaint escalating to the stage where grievance or disciplinary action is taken. We will use our experience to help to achieve the most desirable outcome for you and your business.
If you would like help with your employment law and HR going forward, click here to read about our fixed-cost service Peak People.
We can help with:
- Drafting disciplinary and grievance procedures that comply with your legal obligations, plus recommendations for best practice
- Advising on disciplinary procedures
- Devising a strategy to deal with employee complaints
- Carrying out investigations and preparing investigation reports
- Providing advice and meeting notes to prepare employers and HR for an investigation or disciplinary/grievance meeting
- Drafting correspondence to employees, including warning letters, termination letters and settlement agreements
- Providing representation in any employment tribunal proceedings