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Employers must effectively manage discipline and grievance procedures as part of the ongoing management of their workforce. Employment Tribunals expect employers to have adhered to fair procedures when dealing with misconduct, poor performance and poor attendance. Failure to take the correct approach can lead to both procedural and substantive unfairness and give rise to claims of unfair dismissal, constructive dismissal and discrimination. An employer’s failure to properly respond to an employee grievance can lead to claims of constructive dismissal.  

Our employment solicitors are experienced in advising on a wide range of disciplinary and grievance matters across different sectors, advising on strategy as well as assisting at each step in the process including investigation and documenting outcomes.

It is essential to get these procedures right from the outset and we will be here to guide you and your business throughout. Our approachable employment solicitors will be your trusted advisors offering clear and straightforward legal advice that supports your commercial objectives.

We provide the following support to our clients:

  • advising on disciplinary investigations
  • preparing scripts for disciplinary meetings
  • drafting disciplinary outcomes and disciplinary warnings
  • preparing disciplinary procedures and advising on procedural matters
  • advising on complex cases involving overlapping discipline, grievance and whistleblowing matters
  • advising on sensitive cases involving bullying, harassment and discrimination
  • preparing grievance outcomes.

We are also able to provide support in cases involving procedures for managing poor attendance, underperformance through ill-health and disability issues.  We can assist with:

  • preparing procedural documents and advising on procedural issues
  • referrals to medical advisers and occupational health advisers
  • consideration of disability discrimination issues including the requirement for reasonable adjustments

Advice on disciplinary, grievance and other similar procedures can be provided as part of the on-going support we provide to our clients under our Myerson HR retainer service.

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Our Experience

Examples of advice provided recently in this area include:

  • Advising a restaurant chain client in relation to various disciplinary issues, including customer complaints and theft
  • Advising a large manufacturing company in relation to a serious disciplinary matter involving theft by an employee and the involvement of the police
  • Advising various employers on compliance with the ACAS Code of Practice on Discipline and Grievance Procedures as well as their own internal disciplinary and grievance processes
  • Providing guidance on the right to be accompanied and the management of disciplinary processes involving very sensitive issues, employees who are absent due to ill health and business-critical issues

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Our Approach

Our employment solicitors are dedicated to advising on how to achieve your business objectives in the most efficient and practical way. We pride ourselves on providing straightforward and bespoke advice tailored to your business requirements and resources.

We understand that employers need to be commercial, decisive and act calmly but quickly in sensitive employment matters.

Your work will be carried out by a qualified solicitor, who knows your business requirements best. Work is also carried out at the appropriate level, depending on the complexity, sensitivity and importance of the matter. 

We work closely with our clients to ensure that we meet their expectations both in terms of their objectives and in relation to costs. We know that clarity on costs is vitally important to our clients, especially at a time when businesses are challenged by sudden and dramatic changes to economic circumstances.

As standard practice, we give our clients an estimate of the costs at the outset and provide cost updates on a regular basis.

If you are interested in our Myerson HR Retainer service providing certainty of cost together with additional HR Resources, please Click Here

Meet Our Specialists

Home-grown or recruited from national, regional or City firms. Our specialists are experts in their fields and respected by their peers.

Joanne Evans

Joanne Evans

Jo is a Partner and Head of our Employment department

Joanne Henderson

Joanne Henderson

Jo is a Partner in both our Employment and Compliance departments

Charlotte Gilbert

Charlotte Gilbert

Charlotte is the Head of Myerson HR and a Partner in our Employment department

Patrick Byrne

Patrick Byrne

Patrick is an Associate in our Employment department

Jack Latham

Jack Latham

Jack is an Associate in our Employment department

Jordan Buckle

Jordan Buckle

Jordan is an Associate in our Employment department

Vicki Fagan

Vicki Fagan

Vicki is a Solicitor in our Employment Department.

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Complete the form below or alternatively you can call us on

0161 941 4000