Dismissal, disciplinary and grievance procedures are triggered where an employee is under-performing, has engaged in misconduct or raises a complaint.
Employers must comply with their obligations under the Employment Rights Act 1996, the ACAS Code of Practice on Disciplinary and Grievance Procedures, company policies and other contractual obligations when addressing disciplinary issues and grievances. Compliance with these obligations can be onerous. We assist employers to understand what is required at each stage of the disciplinary process and the consequences of not complying with the statutory obligations.
The outcome of a disciplinary or grievance procedure can range from no action being taken through to termination of employment. If the outcome of a disciplinary or grievance procedure involves termination of employment an employee may challenge the dismissal in the Employment Tribunal. An Employment Tribunal will scrutinise a disciplinary or grievance process and can increase or decrease any amount of compensation by 25% depending on whether the ACAS Code of Practice on Disciplinary and Grievance Procedures has been followed.
Being proactive minimises the risk of a complaint escalating to a grievance or disciplinary action being taken.
How Fox & Partners can help…
- drafting best practice Disciplinary and Grievance Procedures that comply with legal obligations and best practice recommendations
- advising on disciplinary procedures
- responding to employee complaints
- advising on employee suspension
- conducting investigations and preparing investigation reports for decision makers
- providing advice and preparing employers for an investigation or disciplinary/grievance meeting
- drafting employee communications and employment documentation (for example, warning letters, termination letters and settlement agreements)
- understanding commercial objectives and achieving desired outcomes
- providing representation in any Employment Tribunal proceedings.
Please call us on 020 7618 2400