Disciplinary & Grievance

Disciplinary cases are stressful for everyone involved, and it is always best to follow the ACAS Code of Practice. The Code of Practice sets out standards of fairness and reasonable behaviour that employers and employees are expected to follow in most situations when dealing with a dispute.

Whenever dealing with a disciplinary or grievance, you must deal with the issues fairly. This process involves the following;

  • Employers and employees should raise and try to deal with issues promptly and should not unreasonably delay meetings, decisions, or confirmation of those decisions.
  • Employers and employees should act consistently.
  • Employers should carry out any necessary investigations, to establish the facts of the case.
  • Employers should inform employees of the basis of the problem and give them an opportunity to put their case in response before any decisions are made.
  • Employers should allow employees to be accompanied at any formal disciplinary or grievance meeting.
  • Employers should allow an employee to appeal against any formal decision made.

Employers must also be careful not to discriminate on the grounds of their age, being or becoming a transsexual person, being married or in a civil partnership, being pregnant or having a child, sex, disability, sexual orientation, religion or belief or lack or religion/belief, membership or non-membership of a trade union, or race including colour, nationality, ethnic or national origin.

If an employee feels they have been unfairly dismissed they may complain to an Employment Tribunal and if the procedure isn't followed correctly, an Employment Tribunal may find the dismissal 'automatically unfair'. In certain circumstances an employee may resign because their employer has broken a significant term of the contract. This is known as constructive dismissal. sothis can help you make the right decisions and ensure you're within the law.

Get in Touch

X

Client Support Area

Please enter your username and password and click submit to access the support area. In this area, you can log calls and browse our frequently asked questions.

Remote Assistance

Please enter your name and 9-digit support key and click submit to request remote assistance.