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.