Disciplinary and grievance procedures

Employment law advice in Wimbledon, South West London, Epsom and Surrey

Disciplinary and Grievance Procedures

Disciplinary and grievance procedures provide a structured, fair way to address workplace issues. The procedures involve a series of steps, from raising an issue to potentially holding a formal hearing, with the aim of resolving the problem and prevent it from recurring. Employees can raise concerns about issues such as discrimination, harassment, bullying, health and safety, or contractual disputes. Employers are legally required to have these procedures in place and to follow them.

What are disciplinary and grievance procedures?

The purpose of the grievance procedure is to resolve issues fairly and quickly, while maintaining good working relationships. It’s a vital tool for promoting a positive, inclusive work environment. As an employer, these are important because they:

• Help maintain good workplace relationships
• Reduce legal risks, such as claims for unfair dismissal
• Enable employees to raise concerns and feel heard
• Help employers address any performance issues promptly and fairly
• Lead to a more productive, positive working environment. Having these procedures is not just about complying with legal requirements; it’s about building a strong, supportive culture where everyone can feel respected and valued.

Disciplinary procedures 

Disciplinary procedures are the steps that an employer follows to address an employee’s misconduct or poor performance. They typically involve:

• identifying the issue and gathering evidence
• informing the employee of the issue and their right to representation
• conducting an investigation and holding a formal hearing
• making a decision based on the evidence and providing the employee with an opportunity to respond
• deciding on a suitable sanction, if necessary, which could include a verbal or written warning, suspension, or dismissal.

The goal of disciplinary procedures is to be fair, transparent, and consistent, and to provide employees with an opportunity to learn from their mistakes and improve their performance.

Verbal and written warnings

A verbal warning is a less severe sanction, used when an employee has made a minor mistake. It’s a formal conversation between the employee and their manager to highlight the issue and explain what needs to be done to correct it. It doesn’t result in any formal record on the employee’s file.

A written warning is a more serious sanction, used when the employee has made a more serious mistake or has repeatedly failed to improve after verbal warnings. The warning is in writing, outlining the problem and the actions needed to correct it. The warning is placed on the employee’s file and becomes a part of their employment record.

Suspension

Suspension is a temporary removal of an employee from work, usually while an investigation is carried out into a more serious issue.

Dismissal

This is the termination of an employee’s contract of employment. It can occur for a variety of reasons, including poor performance, misconduct, redundancy, or a breach of contract. The employer has the right to dismiss an employee, but only after following a fair and reasonable disciplinary process. It’s important for employers to be clear about the grounds for dismissal and to give the employee an opportunity to respond before a final decision is made. Dismissal can have a significant impact on an employee, so it’s essential to handle it with care and professionalism.

Grievance procedures

A grievance procedure is a formal process for employees to raise concerns or complaints with their employer. The process typically includes the following steps:

• The employee submits a formal, written complaint to their employer, outlining the details of the issue and any relevant evidence.
• The employer conducts a thorough investigation, which may involve interviewing relevant people and reviewing any documentation.
• The employer holds a formal grievance hearing with the employee to discuss the matter and gather more information.
• The employer makes a final decision on the grievance, taking into account all the evidence and any mitigating factors.
• If the employee is not satisfied with the decision, they may appeal it within a specified time frame.

As an employer, grievance procedures help your business comply with relevant employment laws and regulations, showing that they take employee concerns seriously. Ultimately, a well-managed grievance procedure promotes a culture of trust, transparency, and accountability, which is critical for organisational success.

Grievance procedures offer significant benefits to employees. They allow employees to voice concerns and feel heard, provide a fair and impartial process for resolving disputes, and help maintain positive working relationships with their employer.

Here are some commonly asked questions we receive about discrimination at work: