Disciplinary, performance and grievance issues - is there a case?
As an employer, you should have written disciplinary rules and procedures in place to deal with employee performance and conduct. These rules and procedures should follow the Acas Code of Practice on Disciplinary and Grievance Procedures, which sets out ‘minimum’ best practice principles for handling disciplinary and grievance situations in the workplace. An Employment Tribunal will be able to adjust any compensation awards by up to 25% if an employer unreasonably fails to comply with this.
If you have concerns about an employee’s conduct or performance, you should be referring to your disciplinary procedure. If an employee has raised a complaint, you should be referring to your grievance procedure (we can assist you with producing these documents if you do not have them). These procedures will provide a framework in which you can work with your staff to maintain standards of conduct and performance and to ensure that any such matters are dealt with fairly. Needless to say, disciplinary, performance and grievance issues should be dealt with sensitively and with respect for all involved.
Specialist advice
Whether you have a minor issue with an employee and you would like to know how to resolve this informally, or whether you at the stage of wanting to commence a formal process, our specialist Employment Law solicitors can provide you with expert advice about your responsibilities and the procedures that you need to follow. The team are also very experienced in advising organisations throughout the handling of a grievance from an employee, including complex or group issues.
Please see further information on our team of Employment Law solicitors and our full range of services.
