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.
Investigations, claims, disciplinary and grievances:
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How Loch 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 Law can help to manage situations which are already underway, ensuring that you secure the best possible outcome as swiftly as possible.
Pam and her team are always on hand to expertly advise us on any employment law issues we have. 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 Law to any business.
I cannot recommend Joe Milner at the Tunbridge Wells office highly enough. He was extremely helpful and reassuring and settled my claim quickly and efficiently. What a delightful chap to do business with.
I cannot recommend Joe Milner at the Tunbridge Wells office highly enough. He was extremely helpful and reassuring, and settled my claim quickly and efficiently. What a delightful chap to do business with.
I cannot tell you how much I appreciate your help and please let whoever helps you get this out of the door know that I appreciate theirs too!
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 Law to any business.
Thank you so much for your work; it is greatly appreciated. I can’t wait to get this situation resolved! Thank you again. We would be lost without you.
It goes without saying my contacting you at the outset & getting your great advice gave me confidence through this upsetting episode.
Thank you so much for your advice. I really appreciate the fact that you were able to understand the nature of our company and tailor your advice accordingly. I think that ability is key in defining a good lawyer. Lawyers who cannot deviate from 100% security are of little use.
The expertise of Loch 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.
We have been incredibly thankful for having your support over the last few years and our clients have been very impressed with the help they have received from Pam Loch and the rest of the team. We cannot praise you highly enough.
The expertise of Loch Law made me feel in very safe hands. Caroline was thorough in explaining the legal situation, giving clear advice and was committed to getting me a fair outcome
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.