Disciplinary and Grievance Procedures
We advise and support senior employees who have been threatened with disciplinary action for alleged misconduct and/or poor performance (capability).
If you have been invited to attend a disciplinary hearing, then your employer should follow the ACAS Code of Practice. This sets out the minimum standard required. If your contract contains a procedure that is superior, then that procedure should be followed prior to any disciplinary sanction.
We also regularly assist and advise employees on pursuing a grievance in accordance with their contract of employment and/or the ACAS Code of Practice. A grievance procedure is a mechanism for an employee to ask their employer to investigate a complaint with a view to addressing the offending behaviour.
Although the ACAS Code of Practice is not legally binding, Employment Tribunals can increase compensation by up to 25 per cent if an employer has ‘unreasonably’ failed to follow the Code, or reduce compensation by up to 25 per cent if an employee fails to follow the Code.
Recent experience includes:
- Successfully advising an employee on an internal investigation relating to alleged FSA / FCA (Financial Conduct Authority) breaches.
- Advising a female client an a succession of grievances relating to her employer’s failure to accommodate her return to work.
- Assisting a senior executive with her grievance for discrimination/harassment against an investment bank.
- Advising an employee following allegations of gross misconduct and poor performance.
For an overview on disciplinary and grievance procedures, please click here.
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