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Fair and Effective Resolution Processes
Manage disciplinary & grievance matters with confidence, ensuring fairness and compliance every step of the way.
Expert Support for Challenging Situations
Navigate sensitive employee issues with guidance from experienced professionals who prioritise your business needs.
Tailored Policies That Work for You
Implement clear, legally compliant procedures customised to your organisation’s culture and goals.
Protect Your Business and Maintain Harmony
Address conflicts swiftly and professionally to safeguard your team dynamics and company reputation.
What are Disciplinary and Grievance Policies & Procedures?
Disciplinary and Grievance - Did You Know...?
It’s a legal requirement for companies to have Disciplinary and Grievance processes in place!
By law, every organisation (no matter their size) must have these policies documented and accessible to all staff.
A Disciplinary Policy & Procedure helps small business employers to deal with employee misconduct, which relates to improper behaviour or poor performance at work.
A Grievance Policy & Procedure is a process by which an employee raises an issue or complaint they have at work. An employee may choose to do this by raising it informally at first, then if not satisfied, raise it formally in writing.
Employers must meet with the individual to understand the issue and then, if appropriate, investigate the complaint.
Conducting Workplace Investigations.
A thorough investigation into any alleged employee misconduct or a grievance allegation must be undertaken, unless the situation is irrefutable.
It is crucial that an investigation into an employee is seen to be thorough, fair, and independent, otherwise there is risk of unfair dismissal.
Where possible, the investigating officer should not be the same person who will deal with the matter at a hearing.
Failing to follow procedures correctly can be incredibly costly and damaging for a small business’s reputation, which is why it is so important to hire an expert to ensure you are legally compliant from start to finish.
We can provide impartiality for small businesses that don’t have sufficient resources (or expertise) in-house to conduct Workplace Investigations.
Whats involved in a disciplinary process?
A good disciplinary procedure should include:
Investigation
It is crucial to have all the facts and details about the case before taking any further action. Employees usually do not have the right to be accompanied at investigatory hearings (unless as a reasonable adjustment due to a disability).
Communication
The employee is informed in writing that a disciplinary hearing will take place, when and where it will be held, and that they have the right to be accompanied by a work colleague or Trade Union representative. They must be given the investigation report and informed of the possible penalty.
Meetings
Such as an investigation meeting or disciplinary hearing. We can explain the difference and what should happen at each stage.
Conclusion
The disciplinary hearing must come to a fair and reasonable conclusion. The employee must be given a right to appeal.
What are the stages of a grievance procedure?
Upon receiving the grievance letter from an employee, you should take the following steps:
Hold a meeting
Set up a meeting to discuss the grievance that’s been raised. This should give all parties involved the opportunity to make their case and discuss how the grievance can be resolved. Keep written records of what is discussed during the grievance procedure and whether an outcome is achieved.
Investigate
If appropriate, you may need to investigate a grievance further before making any final decisions.
Conclude
Once the grievance has been investigated thoroughly, you will need to decide whether you uphold the grievance (in full or in part) and if any action is necessary. You will also need to agree a timescale with the employee for which you plan to do this. If you find that the grievance is not upheld the employee may decide to appeal. On rare occasions an appeal can lead to mediation, otherwise the grievance could end up being dismissed.
Appeals
Disciplinary & Grievance Appeals
If an employee is dissatisfied with the outcome of a disciplinary or grievance, you should offer them the right of appeal. If you do not give an employee an opportunity to appeal, this could go against you if the matter progresses to an employment tribunal.
Your appeals process should be outlined in your disciplinary and grievance policies, but if they’re not, you should follow the ‘Acas Code of Practice on Disciplinary and Grievance Procedures’.
In relation to appeals, the Acas Code states: “The appeal should be dealt with impartially, and, wherever possible, by a manager who has not been previously involved in the case”.
If this isn’t feasible in your small business, not to worry, we can help with that.
We can chair disciplinary and grievance appeal hearings on your behalf, conducting any further investigations that are necessary to reach the right unbiased outcome.
Outsourcing your disciplinary and grievance appeal hearings to an experienced HR consultancy has many benefits – not least by giving your employees the confidence that their appeal will be heard and determined by a completely independent, unbiased, and professional third party.
FREQUENTLY ASKED QUESTIONS
Our most FAQ's on Disciplinary & Grievance services
Here’s some of the most common questions we get asked about our Disciplinary & Grievance services
Why are formal disciplinary and grievance procedures important?
Having formal procedures in place ensures that disciplinary and grievance issues are handled consistently and fairly. It protects both employees and employers by setting out clear steps and guidelines for addressing misconduct or complaints. This not only helps to resolve disputes effectively but also reduces the risk of legal claims, such as unfair dismissal or discrimination.
How can Dekela help with disciplinary and grievance matters?
Dekela provides expert support in managing disciplinary and grievance issues, from guiding employers through the correct procedures to conducting impartial investigations. We can assist with drafting letters, chairing disciplinary hearings, or advising on the best approach to sensitive employee concerns. Our goal is to ensure that the process is compliant, fair, and efficiently managed, protecting both your organisation and its employees.
What should I do if an employee raises a grievance?
When an employee raises a grievance, it’s important to follow a formal, structured process. Begin by acknowledging the grievance in writing and arranging a meeting to discuss the issue in detail. You should investigate the matter thoroughly and objectively before making any decisions. Dekela can guide you through this process, ensuring you follow best practices and comply with employment law.
What are the potential consequences of mishandling a disciplinary or grievance issue?
Mishandling a disciplinary or grievance issue can lead to serious consequences, such as claims of unfair dismissal, discrimination, or breach of contract. If an employee feels they have been treated unfairly, they may take the matter to an employment tribunal, which could result in legal costs, compensation payouts, and reputational damage to your business. Following proper procedures, with expert advice from Dekela, helps to mitigate these risks.
Can Dekela assist with ongoing employee disputes?
Yes, Dekela can assist with ongoing disputes by providing impartial mediation services or advice on conflict resolution. Whether you need help de-escalating a workplace conflict or managing a long-standing employee issue, we can work with you to find a fair resolution while ensuring compliance with UK employment law.
How should I handle an employee disciplinary hearing?
A disciplinary hearing should be conducted professionally and fairly, giving the employee an opportunity to explain their side of the issue. It’s important to provide the employee with advance notice of the hearing, the allegations they are facing, and any evidence being used. During the hearing, ensure the employee has the right to be accompanied by a colleague or trade union representative. Dekela can help you prepare for and manage disciplinary hearings to ensure they are conducted legally and fairly.
How can I prevent grievances from arising in the first place?
Preventing grievances begins with fostering a positive work environment where communication is open and issues are addressed before they escalate. Clear policies, regular feedback, and providing employees with a channel to raise concerns early can help reduce the likelihood of grievances. Dekela can assist in developing robust HR policies and practices that promote a positive workplace culture and help prevent grievances from arising.
External Advice
ACAS (Advisory, Conciliation and Arbitration Service): Offers guidance on employment law, workplace disputes, and employee relations.
Federation of Small Businesses (FSB): A support network for small businesses, offering advice and resources on HR, legal, and financial matters.