To help you do this, the ACAS Code on Disciplinary and Grievances was introduced in April 2009. It provides steps for an employer and employee to take, regarding disciplinary and grievance proceedings.
Most employers have a grievance and disciplinary procedure that should be followed. Make sure you follow the procedure, especially any time limits. We can assist you in drafting a Disciplinary and Grievance procedure which will be appropriate to your company’s circumstances.
The ACAS Code recommends that an employee should discuss any problem informally with a manager before raising a formal grievance. Then:
When disciplining an employee, an employer should:
At a disciplinary hearing, an employer should:
Written warnings should state:
Dismissals are appropriate:
In addition, an employer should:
Appeals should preferably be heard by a manager that has not been previously involved.
Disciplinary and grievance procedures often arise from the same incidents. If so, the employer may consider temporarily suspending disciplinary proceedings to hear the grievance.
This allows the employee to put forward their side of the story, and avoid being prematurely disciplined.
This may affect the fairness of any dismissal. The employee may be able to bring a claim for unfair dismissal. If the employer (or the employee) has failed to follow the ACAS Code, the compensation awarded can be increased or decreased by up to 25%.
To learn more about our Disciplinary and Grievances service, please call Carol Shaw on 01295 204140 or email cshaw@se-law.co.uk
© 2021 Spratt Endicott, Spratt Endicott Solicitors are the trading names of Spratt Endicott Limited, a company registered in England & Wales (company no. 08030343) authorised and regulated by the Solicitors Regulation
Authority (registration no. 608169) and by the Financial Conduct Authority (registration number: 709546).
Spratt Endicott Limited uses the word “Director” to refer to a statutory director of the company and certain
senior employees. A list of the statutory directors is available for inspection at our registered office, 52-54 The Green, Banbury OX16 9AB and at Statutory Directors. Website by Technique