| Services >> Disciplinary & Grievance
|
Disciplinary & Grievance
 Since 2004 a legal minimum standard of practice for dismissal, disciplinary and grievance disputes procedures in the workplace has been set. This minimum level is compulsory for all employers and employees.
Additionally there is a Code of Practice published by ACAS which is used by Employment Tribunals, as a benchmark as to whether the treatment of employees has been fair, even though it not legally binding. It is advisable for a dismissal, disciplinary and grievance policy and procedure to contain aspects over and above the statutory minimum. If the statutory procedure is not completed:
- the dismissal could be considered to be automatically unfair and the dismissed employee would receive compensation;
- an employee’s award could be increased or reduced by up to 50%. Also, the Tribunal could refuse to accept a claim if the employee has not initiated a grievance procedure where required.
Establishing policies and procedures that are fair, effective and communicated to all employees opens the way to preventing such problems arising in the first place. We can help you to get it right.
Unfamiliar situations face employers and employees. We have the answers to questions such as:
- Can disciplinary action be taken against more than one employee when the employer cannot prove which employee committed the disputed conduct?
- Can employers use evidence from a witness who wants to remain anonymous to the employee?
- Can misconduct outside the workplace be considered by an employer who is considering taking disciplinary action?
- What happens if someone is working as a contractor and a customer makes a complaint?
If you would like to discuss a disciplinary or grievance issue in confidence, whether you are an employer or an employee, please contact us.
|
