Understanding how grievance and disciplinary procedures work can help you protect your position, prepare for meetings and make sure you have an opportunity to put forward your side of the story.
Employers should generally follow a fair procedure in line with the Acas Code of Practice on disciplinary and grievance procedures.
What is a workplace grievance?
A grievance is a concern, problem or complaint that you raise with your employer.
Examples might include:
- Bullying or harassment
- Discrimination
- Problems with pay or working arrangements
- Concerns about how you have been managed
- Unfair treatment
- Contractual issues
- Problems with colleagues
- Health and safety concerns
Not every workplace problem needs to become a formal grievance. In some situations, discussing the issue informally with your manager or HR team may resolve it.
However, if the problem is serious, has not been resolved informally or you do not feel comfortable raising it informally, you may decide to submit a formal grievance.
How do you raise a formal grievance?
Your employer should have a grievance procedure explaining how concerns should be raised.
A formal grievance will usually be made in writing. You should explain clearly what has happened, why you are concerned and, where appropriate, how you would like the issue to be resolved.
It can be useful to include important dates and events and refer to any relevant documents, emails or messages.
Try to keep the grievance factual and focused on the main issues rather than including every disagreement you have experienced.
What happens after you raise a grievance?
Your employer should normally arrange a meeting to discuss your grievance without unreasonable delay.
At the meeting, you should be given an opportunity to explain your concerns and how you believe they could be resolved. Your employer may need to investigate further before reaching a decision.
You should then normally receive the outcome in writing.
If you disagree with the decision, you should be given an opportunity to appeal the grievance outcome.
What is a disciplinary procedure?
A disciplinary procedure is used where an employer has concerns about an employee’s conduct or, in some circumstances, their performance.
Issues could include:
- Misconduct
- Repeated lateness or unauthorised absence
- Failure to follow workplace procedures
- Inappropriate behaviour
- Serious breaches of company rules
- Allegations of gross misconduct
A disciplinary allegation does not automatically mean that you have done something wrong or that you will be dismissed.
Your employer should normally investigate the situation and give you an opportunity to respond before making a decision.
What should happen before a disciplinary hearing?
If your employer believes there is a disciplinary case to answer, you should normally be told in writing what the allegations are and be given sufficient information to prepare your response.
You may also be provided with relevant evidence gathered during the investigation.
The disciplinary meeting gives you an opportunity to:
- Respond to the allegations
- Explain your version of events
- Challenge evidence where appropriate
- Provide your own evidence
- Raise relevant mitigating circumstances
You should prepare carefully and consider whether there are documents, emails, messages or witnesses that support your position.
Can you take someone with you?
Workers have a statutory right to be accompanied at certain formal grievance and disciplinary meetings.
Your companion can generally be:
- A colleague
- A trade union representative
- An official employed by a trade union
The right also applies to relevant disciplinary and grievance appeal hearings.
Your employer’s own policy may allow someone else to attend in certain circumstances.
What disciplinary action can an employer take?
Depending on the circumstances, disciplinary action could include a written warning, final written warning or dismissal.
For particularly serious allegations of gross misconduct, dismissal without notice may potentially be considered. However, Acas makes clear that a fair disciplinary procedure should still be followed before dismissal for gross misconduct.
The appropriate outcome will depend on the seriousness of the allegations, the evidence and the particular circumstances.
Can you appeal a disciplinary decision?
Yes. If you believe disciplinary action is unfair or incorrect, you should normally have the opportunity to appeal.
Possible grounds could include:
- The evidence does not support the decision
- The procedure was unfair
- Important evidence was not considered
- New evidence has become available
- The disciplinary sanction is disproportionate
Where possible, an appeal should be considered impartially by someone who was not previously involved in the decision.
What if you raise a grievance during disciplinary proceedings?
Sometimes the two procedures overlap.
For example, you may believe that disciplinary allegations have been raised because you previously complained about discrimination or inappropriate behaviour.
Where a grievance is raised during a disciplinary process, the employer may temporarily pause the disciplinary proceedings while the grievance is considered. If the issues are closely connected, it may instead be appropriate to deal with them at the same time.
Why does the Acas Code matter?
The Acas Code sets out important principles for handling disciplinary and grievance procedures fairly.
An Employment Tribunal can take compliance with the Code into account in relevant cases. Where an employer or employee has unreasonably failed to follow it, a Tribunal can potentially increase or reduce certain compensation awards by up to 25%.
Acas is currently consulting on an updated Code, but the existing Code remains in force at the time of writing.
When should you seek legal advice?
You may want to obtain employment law advice if the allegations against you are serious, dismissal is a possibility, your grievance concerns discrimination or whistleblowing, or you believe your employer is not following a fair procedure.
Advice at an early stage can also help you prepare a grievance, disciplinary response or appeal and understand how decisions made during an internal process could affect any future Employment Tribunal claim.
DTM Legal’s Employment & HR team advises employees and senior executives on workplace grievances, disciplinary procedures, appeals, discrimination and employment disputes.
If you are experiencing problems at work, considering raising a grievance or facing disciplinary action, contact DTM Legal’s Employment & HR team to discuss your circumstances and the options available.