Whether you are facing a disciplinary procedure or a colleague has raised a grievance against you, we understand that this will be a concerning time for you in your day-to-day working life.
Despite the reasons behind the proceedings, your employer is still required to follow a fair procedure when conducting a disciplinary or grievance hearing against you, and this is how our Employment Law Solicitors can support you. Every employer is required to have a policy on disciplinary and grievance proceedings setting out their process, how employees should act and their rights of appeal. Should your employer not have such a policy, or they do not follow their own policy, you may have grounds for an Employment Tribunal claim against them.
What is the difference between a disciplinary and a grievance?
While these two processes are often grouped together as they have the same basis for investigation, they are quite different. A disciplinary is usually held when an employer feels an employee has not performed their job role satisfactorily either due to capability, conduct or performance. A grievance on the other hand is when an employee raises a complaint or concern against another employee based on their conduct or actions.
Both procedures would follow similar steps:
- An employer should conduct a full investigation into the matter, which may involve interviews, witnesses and gathering of evidence
- The employees involved are invited to a hearing, during which the matter is discussed, evidence reviewed and all parties concerned are given the opportunity to present their case.
- The employer will make the decision about the next steps and whether there should be any penalty, such as dismissal.
- The employee should always be given the right to appeal the decision made by the employer.
Throughout every step, there are additional obligations your employer should follow, including keeping you notified in a reasonable time and in writing.
Should your employer fail to follow this process, we are here to help.
Contact our Grievances and Disciplinary Solicitors
If you feel your employer has not acted in a fair way during a grievance or disciplinary process, our Employment Law Solicitors are on hand to offer our advice as to how you can proceed. To discuss your situation with a member of our team based across our offices in Andover, Romsey, Salisbury, Totton or Witney, contact your local office today by using the Contact Form, emailing info@parkerbullen.com or using one of the phone numbers below:
- Employment Law Solicitors for Employees Andover: 01264 400500
- Employment Law Solicitors for Employees Romsey: 01794 328688
- Employment Law Solicitors for Employees Romsey (Incorporating Kirklands): 01794 513466
- Employment Law Solicitors for Employees Salisbury: 01722 412000
- Employment Law Solicitors for Employees Totton (Incorporating Kirklands): 023 8066 3313
- Employment Law Solicitors for Employees Witney: 01993 670944