Disciplinary and Grievance Procedures

On the 1 October 2004 statutory procedures were brought into force setting minimum requirements for dismissal, disciplinary and grievance procedures.  The intention behind the new procedures is to help cases settle at an early stage and to encourage employees to use an Employment Tribunal as a last resort.

Disciplinary and Dismissal Procedures

What does this mean?

• An employer must follow a 3-stage statutory disciplinary and dismissal procedure before it dismisses an employee or imposes a disciplinary sanction upon them.

What are the minimum requirements?

Step one

• Set out in writing the reason why the employer is contemplating taking disciplinary action and send this to the employee inviting them to attend a meeting advising them of their right to be accompanied by a trade union representative or work colleague.

Step two

• Hold a disciplinary meeting.

Step three

• Provide the employee with the decision in writing and advise them of their right to appeal against the decision. 

What happens if I do not follow the statutory disciplinary procedure?

• Remember these are minimum requirements.  If your disciplinary and dismissal policy provides for a more robust process then you should follow this.  If you do less than the minimum requirements, a dismissal will automatically be unfair and an employee could have their compensation increased by between 10% – 50%.

Grievance Procedure

What does this mean?

• In certain circumstances an employee must raise a grievance in writing with their employer before making a claim to an Employment Tribunal.  They must also wait 28 days from the date the grievance is raised before lodging a claim. 

What must I do?

• You must consider the grievance and invite the employee to attend a meeting to discuss it further.
• After the meeting inform the employee of the outcome in writing and advise them of their right to appeal against the decision.

BE AWARE – The regulations define a grievance as a written “complaint”.  They do not require the employee to use the word “grievance”. If you receive a letter of complaint from an employee or their legal representative, consider carefully whether it could be a grievance.  If it is then the statutory grievance procedure must be followed. 

Remember:

• If an employee raises a grievance or appeals against a decision to dismiss, the time scale for them to lodge a claim can be extended by a further 3 months.   

What Should I Do Now?

• Review your disciplinary dismissal and grievance procedures to ensure they comply with the statutory requirements.
• Ensure any managers and employees involved in disciplinary and grievance matters are fully trained and briefed.

For further information and advice, please contact:

Carol Shaw
Partner

Philomena Price
Solicitor