Disciplinary and Grievance Procedures

If your employer starts a disciplinary process, you should be told clearly what the concerns are, given the evidence relied on, and given a proper chance to respond before any decision is made.

A fair process will usually involve:

• an investigation
• written notice of the allegations
• a hearing
• a written outcome
• the right to appeal

Not every disciplinary issue should lead to dismissal, and where dismissal is being considered it is especially important to look closely at whether the process is being handled fairly.

Suspension should not be treated as a punishment in itself; if it is used, it should usually be on full pay, kept under review and limited to what is reasonably necessary while the employer investigates.

It is also important to understand which stage you are at, as an investigation meeting is not the same as a disciplinary hearing, and the legal right to be accompanied usually applies to the hearing rather than the investigation stage.

If the allegations are unclear, the evidence has not been shared properly or the process seems one-sided, it is often worth taking specialist legal advice early.

A grievance is the formal route for raising concerns about treatment at work, that may involve:

• bullying
• harassment
• discrimination
• victimisation
• pay disputes
• unfair treatment
• changes to terms and conditions

A formal grievance will usually need to be set out in writing. The clearer it is, the easier it is to show what happened, what evidence exists and what response you are asking the employer to consider. It can also be important later if the issue continues or the employer’s response is inadequate.

Sometimes a grievance is raised while a disciplinary or another formal process is already underway. Where the issues are closely connected, the employer may need to pause one process or deal with both together.

This is often a point where early advice can be particularly useful. TLW Solicitors can help you decide how the grievance should be framed, what documents matter most, and how to protect your position if the complaint is being sidelined by another process.

You will usually have the right to be accompanied at a formal disciplinary hearing, a grievance meeting and an appeal hearing by a trade union representative or a colleague.

You should also usually be given the right to appeal a formal outcome, whether that is a warning, dismissal or grievance decision.

Health, disability and other protected circumstances can also affect how the process should be handled. In some situations, adjustments may be needed to ensure that the procedure is fair.

Formal procedures do not always end with a straightforward return to normal working. They may result in no action, a warning, dismissal, a breakdown in the relationship or discussions about an agreed exit, including a settlement agreement.

Where that happens, it is important to think about your position while the process is still ongoing, not only once the outcome has been given. An appeal can be an important chance to challenge the fairness of the process, the strength of the evidence or the outcome itself.

TLW Solicitors can help you assess the position at that stage and decide what the right next step is to protect your position.