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Employment Law For Businesses

Disciplinary and Grievances

Specialist Disciplinary and Grievance Solicitors in Manchester and London

We all hope that when new staff are taken on that you will maintain a good relationship with them throughout your professional relationship. However, sometimes you may be forced to raise a grievance or commence disciplinary action against your employee. Alternatively, your employee may feel the need to raise a grievance against you. 

Your policies and procedures should set out what you expect from your staff and what will happen if they do not meet these standards. You need to be sure to include the grievance and disciplinary procedure in the policies and procedures and be sure to follow it exactly. Failure to do so may expose you to liability. If you do not have these policies and procedures in place click here to see how we can help. 

Our solicitors can help you through the process of both raising a grievance or disciplinary action, and defending a grievance. We can help you with everything from deciding your grievance procedures to defencing your business.

Disciplinary Procedures

The Advisory, Conciliation and Arbitration Service (‘ACAS’) give an outline for how to approach the disciplinary procedure. They advise the following 5 step approach:

  1. Get the Facts – You need to carry out reasonable investigations to establish the facts. This can be through interviews with employees or any other necessary enquiries.
  2. Inform the Employee – Once you have all the facts you should inform your employee in writing of your intention to enter disciplinary proceedings and invite them to a meeting.
  3. Meeting – This will be between yourself and the employee. Your employee has the right to bring a colleague or Trade Union Representative to the meeting. 
  4. Outcome – Decide what action you will be taking and explain why to your employee.
  5. Appeal – Your employee has the right to appeal the decision. The appeal should be handled by someone not party to the original proceedings.

Grievances

Disciplinary should be used when you have a problem to raise with a member of staff. The grievance procedure is when the employee has an issue they need to raise with you. This procedure should really only be used if informal conversation cannot resolve the issue. 

The grievance procedure is similar to the disciplinary procedure. Once the grievance has been raised there will be a meeting at which the employee is entitled to have a colleague or Trade Union representative present. You will then deliver the outcome of the meeting and the employee can appeal if needed. 

How can Monarch Solicitors help?

Our specialist employment solicitors have decades of experience dealing with employment issues. They are well equipped to deal with a whole manner of different cases no matter how big or small. 

Our team have had great success negotiating settlement offers, taking claims to the Employment Tribunal, and many more. Every person we represent receives the same high quality of treatment and personal service.

Contact our employment lawyers today

Whatever your issue our employment solicitors are here to help.

Call us on 0330 127 8888 for an initial consultation. Or email us on [email protected] and one of our team will get back to you.

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FAQ

Most frequent questions and answers

You can raise a grievance to your employer at any time. Common grievances to raise to your employer include:

  • Bullying
  • Harassment
  • Discrimination 
  • Dispute about pay and benefits
  • Dispute about maternity and paternity leave
  • Issues with working time, working conditions, or workload

You have the right to appeal the outcome of a disciplinary or grievance procedure. Firstly, you need to notify your employer/employee, preferably in writing, on why you think the outcome was wrong or unfair, and what you propose on happening next. If you are still in disagreement with your employer/employee then it may be worth considering instructing a solicitor to undertake legal action.

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