Disciplinary
& Grievance
Protecting you, resolving disputes, and moving you forward with ease
Dealing with disciplinary and grievances issues in the workplace can be difficult and sensitive. Whether you are an Employee or an Employer, our focus at SE-Solicitors is on understanding you and your unique circumstances, developing strategies that protect your interests in a discreet, practical, cost-effective way whilst maintaining those vital working relationships.
If you are an employee, we understand the emotional and professional impact that disciplinary and grievance issues can have. We will work tirelessly to protect your rights and interests, fighting on your behalf to be treated fairly and with dignity. We will set out for you the costs, courses of action and associated risks available to you.
As an Employer we will work tirelessly to support you, whether you need help drafting policies and procedures, conducting investigations, or managing appeals, we have the expertise and dedication to help you achieve the best possible outcome. Once your case has been dealt with, we can also advise you on updating or implementing clearer policies to mitigate risk in the future.
Our experience in representing both employees and employers means that we have a 360-degree view of the process from initial instruction to possible tribunal and we can use this experience to provide strategic and tactical advice for your benefit. You can rest assured that you have a dedicated and compassionate team in your corner, working determinedly to secure you the best possible outcome.
Why Choose SE-Solicitors
Understanding
With our belief that relationships really do matter, we’re focused on understanding you and your world more deeply.Expertise
By harnessing our collective skills, knowledge, and depth of expertise, we support you to manage the unique complexity of your personal and commercial interests in a smarter way.Insight
Naturally strategic, we’re able to see the bigger picture, solve problems and realise opportunities more effectively.Agility
Always responsive, with a solutions orientated mindset, we get to the heart of the matter fast, enabling you to reach positive outcomes more quickly.The ACAS Code recommends that an employee should discuss any problem informally with a manager before raising a formal grievance. This is not always possible, for example if the grievance concerns the manager, then it cannot be addressed by the subject of the grievance. Once a decision is made to make a formal grievance:
- The employer should arrange a formal grievance meeting, allowing the employee sufficient time to prepare for the meeting, and inform the employee they have the right to be accompanied
- The employer will decide the appropriate action, and inform the employee in writing as soon as possible.
- If the employee is not satisfied with the outcome they should have the right to appeal this decision. This appeal should be in writing.
- An appeal meeting should be held with a manager who has not previously been involved in the case.
- The outcome of an appeal should be communicated in writing as soon as possible.
This may affect the fairness of any dismissal. The employee may be able to bring a claim for unfair dismissal and other claims If the employer (or the employee) has failed to follow the ACAS Code, the compensation awarded can be increased or decreased by up to 25%.
When disciplining an employee, an employer should:
- Fully investigate the matter
- Decide if disciplinary action is necessary, or if an informal discussion is more appropriate
- Tell the employee about the problem, and allow him or her to explain what happened
- Inform the employee in writing about any planned disciplinary action, so the employee can be fully prepared
- Hold a disciplinary hearing, allowing the employee to be accompanied, usually by a work colleague or trade union representative. Ideally, the person hearing the disciplinary should not be involved in the alleged misconduct.
At a disciplinary hearing, an employer should:
- Allow the employee to present their case, ask questions and present witnesses
- Keep a note of what is said
- Inform the employee in writing of the decision
Written warnings should state:
- The improvement required with timescale.
- How long the warning will remain on current file
Dismissals may beappropriate:
- If there has already been a written and a final written warning
- In certain serious circumstances (gross misconduct)
In addition, an employer should:
- Inform the employee they have a right to appeal the decision
Appeals should preferably be heard by a manager that has not been previously involved.
Get in touch
Let us know your disciplinary and grievance needs, complete the form to tell us your requirement and we shall respond to you with how we can help.
For more information on our Employment services, see here.