Disciplinary and Grievance Procedures
A suitable, up to date and legally competent disciplinary and grievance procedure is crucial to an employer’s or company’s legal backing documents. Without this, a company may face many legal difficulties when dealing with disciplinary or grievance issues within their business. Davies and Partners Solicitors can guarantee specialist support throughout the production of such procedures and give helpful advice through subsequent reviews and updating of the procedures.
In the event of a formal grievance complaint, the written grievance procedure is most commonly found in the company handbook. Alternatively, the procedure may be held by the HR department of the company.
Davies and Partners Solicitors are able to provide support when creating this written grievance procedure. With their expert skills in procedural law they can ensure the employer’s grievance procedure includes the required steps, i.e. the requirement for a detailed letter which sets out the grievance to the employer, a meeting to discuss the issue and an opportunity for the employee to appeal the employer’s decision. The Davies and Partners’ team know that these stages are central to the grievance procedure and will be able to equip employers with the concrete and straightforward advice to ensure the procedures are correct and correctly followed.
When considering disciplinary action, companies must apply a disciplinary procedure. Similarly, this procedure must also be in written form, setting out the requirements that must be met when disciplinary action is necessary, to include clear disciplinary procedure rules and the performance or behaviours which will lead to disciplinary action and what action the employer might take.
Action can then be taken by a company following the disciplinary meeting if the misconduct is confirmed. Typically a written warning can be issued and if the misconduct persists a final warning then follows. This can then potentially be followed by dismissal if no change in behaviour or working expectations still are not met.
It is essential for employees to have a flexible disciplinary procedure to give a full range of options to deal with any disciplinary breach.
Davies and Partners Solicitors are able to provide legal advice and support in such situations due to their experience including their understanding of the Importance of the ‘ACAS statutory Code of Practice on discipline and grievance’. This Code provides basic practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace.
Davies and Partners Solicitors’ legal advice would also be beneficial in further action that relies on the Code, for example, if Tribunal proceedings are issued Tribunals will take this code into account. Unreasonable failure to comply with any provision of the Code may result in the increase of any award made by up to 25 percent.
The Davies and Partners’ team will provide the safeguard necessary for a company to lawfully apply their disciplinary policies but will also ensure that grievances from employers can be correctly dealt with.