Grievances and Disciplinaries.

Grievances

A grievance is a workplace procedure that allows employees to write up a formal complaint about the workplace or another employee if they feel an informal complaint wasn’t handled effectively.

Formal grievance procedures should be documented and follow a consistent format for all complaints raised.

Disciplinaries

Employers use formal disciplinary procedures to handle issues surrounding conduct, performance, and absences.

A disciplinary could end up with a formal warning, or even a dismissal.

Following the correct procedures can help protect your company from unfair and wrongful dismissal claims and provide evidence of reasonable practices.

The key procedural steps for a disciplinary include:

1. Conducting a full investigation into the circumstances.
2. Notifying the employee of concerns, allegations, evidence, and potential consequences in writing.
3. Allowing the employee to respond and provide their defence.
4. Holding a fair disciplinary hearing. In some circumstances, employees have a legal right to request someone else join them.
5. Deciding the outcome and letting the employee know in writing, including reasons.
6. Providing the employee with the option to appeal.

The procedure can differ depending on the circumstances. If you’re making someone redundant, there is a different set of guidelines to follow. If the employee raises a grievance during the disciplinary process, you may choose to pause or alter the steps to deal with the grievance.

The key procedural steps for a grievance include:

1. Notifying anyone who the grievance is against.
2. Conducting a full investigation into the grievance, keeping written notes.
3. Holding a fair grievance hearing. In some circumstances, employees have a legal right to request someone else join them.
4. Carrying out any further investigations.
5. Deciding the outcome and letting the employees know in writing, including reasons.
6. Providing the employee with the option to appeal.
7. Keeping a record of all correspondence related to the grievance.

It’s good practice to have a clear and detailed policy in place to ensure your procedures are consistent and you are treating everyone equally.

You should tailor your policies to suit your industry and employee pool. However, some of the key areas you could include are:

• Who they should direct their grievance/queries to, e.g. line manager, HR
• What the processes involve
• Differences between informal and formal procedures
• Right to a companion
• Appeals

If you need help drafting or reviewing your policies, you can book an initial consultation with our employment experts by calling 020 3007 5500.

The worst-case scenario is that your employee or ex-employee raises a claim about your business.

If they raise a claim and it turns out you haven’t followed procedures correctly, you could be held liable in court and face fines.

By consulting an expert early on you can refine your policies and procedures, and prevent any employment claims. You can book an initial consultation with our employment experts by calling 0203 007 5500.

There are three main ways that we work with businesses:

Preventative measures

We work with businesses to minimise the probability of employment issues arising and to advise on contractual and workplace changes. This includes elements like training for management, contract reviews, and policy reviews.

Crisis and claim management

Where businesses are facing the prospect of a claim, we act swiftly to minimise damage and defend your company’s interests prior to and during any Employment Tribunal action.

Post-claim changes

If your business has recently faced a claim or had a spate of grievances raised, we will identify any underlying issues and provide you with a plan of action to minimise business disruption.