Disciplinary and grievances
At Loch Associates Group we understand that dealing with disciplinary and grievance issues can be distressing for employers. If handled incorrectly, the implications can be costly and time-consuming, while also unsettling the interpersonal dynamics of your organisation. Whether an employee has made a complaint or is underperforming in their role, internal procedures should follow the Acas Disciplinary and Grievance Code in order to protect and safeguard your business. The ACAS Code provides practical guidance for employers and employees, and Employment Tribunals must take the ACAS code into account when considering if an employee acted reasonably.
By understanding your challenges, we can identify the correct procedures and the most appropriate course of action, reducing the likelihood of costly claims and disruption to your business. The ideal scenario is to resolve any issues quickly and fairly before they become major problems, but our team of experienced employment lawyers are here to support you at any stage of the process, from drafting company policies and procedures to more complex investigations and defending a claim in the Employment Tribunal.
A grievance procedure will highlight the most appropriate course of action for dealing with employees’ concerns relating to their work, working conditions or relationships with colleagues.
A disciplinary procedure will highlight the most appropriate course of action for dealing with any issues relating to an employee’s performance or conduct, as well as how to encourage improvement where required.
“The speed of their service levels combined with high quality advice always exceeds our expectations and as a result we have been a satisfied client of the firm for over 7 years. I would not hesitate to recommend Loch Employment Law to any business.”
Operations Director, Professional Services
How Loch Employment Law can help
Whatever requirements you may have, our team of expert employment lawyers will work with you to provide a range of pragmatic solutions, including:
- Developing and implementing procedures relating to disciplinary and grievance matters.
- Ensuring that the relevant processes are carried out in accordance with Acas guidelines.
- Strategic planning in order to manage and minimise the risk of claims.
- Conducting investigations. Any internal investigation should be unbiased, fair and reasonable, and a third party is often best-placed to collect this evidence. Interviews tend to be an essential part of the process, enabling all parties to give their view on the situation. This can help determine the exact cause of any issues – for example, whether underperformance issues relate to an illness, and whether performance management is a more appropriate course of action.
- Managing and conducting meetings in relation to all parts of the process.
As well as priming your organisation to use disciplinary and grievance procedures with confidence, Loch Employment Law can help to manage situations which are already underway, ensuring that you secure the best possible outcome as swiftly as possible.
Common disciplinary and grievance issues
Disciplinary and grievance issues are a frequent occurrence within most organisations, and common scenarios in which employers may need guidance include:
- Unfamiliarity with the correct procedure. Employers may be unfamiliar with the correct disciplinary and/or grievance process, or may need assistance in drafting company policies and procedures.
- Resultant disputes or claims. These may be brought by an employee when a disciplinary and/or grievance procedure has been improperly followed, and an employee is challenging the decision – e.g. if the employee was not provided with the opportunity to be accompanied to a disciplinary meeting.
- Staff raising grievances tactically. Staff may raise a grievance as a means of countering criticism of their performance.
“The expertise of Loch Employment Law made me feel in very safe hands. Caroline was thorough at explaining the legal situation, giving clear advice and was committed to getting me a fair outcome”
“Thanks for all your help. Very impressed how you pressed the negotiations forward on Wednesday to allow us to reach a quick resolution.”
“Being a new employer can be very daunting but she gave me the confidence to forge ahead with the process always explaining things in a straight forward manner.”