Discipline and grievance procedures ― general requirements

Produced by Tolley in association with

Employment Tax

Guidance

Many employers have their own procedures for dealing with disciplinary issues through which employees can raise grievances. These tend to be contained in employee handbooks or staff manuals. In some organisations they may be made available by alternative means, such as on corporate intranets.

It is preferable for all employers to implement well-drawn, written disciplinary and grievance procedures for at least three reasons:

They provide a clear framework for both employer and employee to assist in the efficient and systematic resolution of grievances and disciplinary issues	Both employer and employee should know where they stand at any given point in the procedure, what their rights and entitlements are under it, and what should occur next to resolve the issue
Provided they are followed, they can protect the employer against the pitfalls of a poor procedural approach if the parties end up litigating issues that cannot be resolved	Operating a full, fair procedure is a central consideration in unfair dismissal scenarios. In order to be fair, a dismissal

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Becky Lawton

Associate Solicitor at Charles Russell Speechlys LLP

Becky is a member of the Employment, Pensions & Immigration group and advises on all aspects of employment law, both contentious and non-contentious. On the contentious side, she has expertise in dealing with a broad range of employment tribunal claims, including unfair dismissal, discrimination on the grounds of age, sex and disability, part-time working and unlawful deductions of wages. Her non-contentious experience includes drafting and advising on a wide range of employment contracts, consultancy agreements and company policies and procedures. Becky also advises in relation to post-termination disputes with former senior executives and regularly advises on settlement negotiations and severance terms. She regularly publishes articles on all aspects of employment law, speaks at seminars and provides bespoke client training.

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