Disciplinary, Dismissal, Grievance and Appeals Procedures

Whilst we have always recommended that all employers follow 'good practice' and use formal Disciplinary, Dismissal, Grievance and Appeals procedures, some small companies have been exempt from complying with this legislation in the past.

All of that changed in October 2004, when all employers, regardless of how many people they employ, were required to implement and follow a minimum set of standards for Statutory Disciplinary, Dismissal, Grievance and Appeals procedures.

This should be welcomed though, as the new legislation also places a requirement on employees to follow the Grievance procedure with the employer, before firing off their claim to an Employment Tribunal. The failure of the employer, or the employee, to follow the procedures can result in the Tribunal adjusting any awards accordingly, with the maximum adjustment being up to a 50% increase in any compensation awarded.   Awards for cases of Discrimination are still uncapped and we have seen extreme cases where payments have reached almost £2 million.

Although all areas of these statutory procedures can be complex to understand and follow if you are not familiar with them, particular care needs to be taken with grievances as a number of Employment Tribunal rulings have interpreted the regulations in such a way that this has become an area where many employers unwittingly fail to comply with the regulations. We would always suggest that you seek advice if you receive any complaint in writing from an employee or ex employee, even if it does not refer specifically to a grievance.

Please contact us for advice on:

• Implementing formal Disciplinary, Dismissal, Appeals and Grievance Procedures
  
  
• Supporting Documentation, including Employee Handbooks, Employment Policies and Procedures, Warnings and Template Letters
  
  
• Training on the procedures and how to prepare for and conduct disciplinary and grievance investigations and interviews
  

Related Topics

Contracts of Employment

Employee Handbooks

Employment Documentation - template letters

Employment Law