If your employer is taking out Disciplinary Action on you, even if you do not have a detailed disciplinary procedure, there are certain steps that your employer must take. Likewise, if you have a Grievance with your employer you must follow the minimum statutory procedures. You need to understand what the procedures are and what your rights and obligations are within them. We can advise you how to take or defend action to protect your interests.
Disciplinary and Grievance Procedures
You should be provided with details of any Grievance or Disciplinary Procedures with your written Terms of Employment. If your employer did not provide you with one, they must follow the minimum statutory procedure below.
The Statutory Grievance/Disciplinary Action Procedure
There are three basic minimum steps that must be followed which are:
- A written statement
- A meeting
- An appeal meeting
The Written Statement
This should set out the details of the disciplinary action against you in writing. If you are making a grievance, you should keep a copy of your letter. In both types of dispute the letter should set out any relevant dates and times. It should be dated and you must keep a copy of it. Each disciplinary or grievance item should be listed separately under it's own heading. You will have to wait at least 28 days before taking any further action.
The next step is the meeting to discuss the disciplinary matter or the grievance. You can take someone with you such as a member of a trade union if relevant. If your employer rearranges the meeting for an unforeseeable reason they must set up another meeting. However, if they do not attend this second meeting you do not need to set a third date. You are deemed to have complied with the procedure at this point.
After the meeting you must be provided with a decision in writing. If you are not happy with the outcome you have the right to appeal.
The Appeal Meeting
You must advise your employer in writing if you intend to appeal and a meeting will be set. Once again you can attend the meeting with someone else present. If you fail to attend the appeal meeting this can lead to a reduced compensation payment if you later make a claim. If after the appeal meeting you are still not happy with your decision, you may be able to make a claim to an Employment Tribunal.
Early Legal Intervention
If you are facing action against you by your employer, or are taking a Grievance against them, early legal advice can ensure that you have the best prospects of success.
We can often offer fixed fee advice so that you know at the beginning what costs are involved. You can then decide if you would like us to help you.
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