Disciplinaries & Grievances
Employment law lawyers to guide employees through disciplinaries and grievances
Wiltshire’s leading employment lawyers
Grievances & disciplinaries for employees
Raising a grievance within your workplace can be a daunting prospect, but when done in the right way and with a desired outcome in mind, it can make the workplace a much better place to be for everyone involved. A grievance can be any concern, problem or complaint that, as an employee, you wish to raise with your employer.
The ACAS code sets out in detail the process and recommended procedure, but the code is detailed and requires some reading, but of course we have done that for you and can provide advice tailored to you and your situation.
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How should my grievance be handled?
Well in a nutshell:
Firstly, you should raise the grievance in writing.
The employer should hold a meeting and investigate the complaint. At the meeting you are legally entitled to be accompanied by a fellow work colleague or a trade union representative if you are a member of a union.
You should be given sufficient time to discuss the nature of your grievance, and if appropriate the meeting should be adjourned for further investigations to take place.
After the grievance has been fully investigated a further meeting may be held to enable your employer to communicate its decision; this should also be followed up in writing. If you remain unhappy, you do have a right of appeal.
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Your employment law questions answered
They should, and we would certainly encourage all employers to have a written grievance policy, albeit we would advise that this should not be contractual. This will ensure that all parties are aware of the procedure.
Disciplinary action may be taken for a variety of reasons. It could be as a result of poor performance or unsatisfactory attendance. Alternatively you may be suspected of committing an act of misconduct, which if sufficiently gross, could result in dismissal.
In each instance, your employer must be able to demonstrate that they followed a fair procedure, and the decision to invoke a disciplinary sanction was reasonable in all the circumstances.
Many factors can be considered when assessing the reasonableness of a decision to discipline.
For example, the seriousness of the matter, whether you have been subject to a previous disciplinary process or have an active disciplinary warning in place, breach of rules or protocols are but a few.
For further advice please contact an employment specialist at the earliest possible stage of the process.
At Goughs, our employment specialists have unrivalled experience in dealing with both employers and employees. We can help with a broad range of employment disputes, processes and procedures.
We have built up many years of experience and our team not only offer advice to businesses but also advise on broader business planning issues and sit on various advisory boards, ensuring that our advice and expertise ensures all advice really is in your best interests.
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