Getting it right when things go wrong
An employers guide to grievance disciplinary & dismissal procedures
These procedures are now highly complex and this guide only provides an overview. If you face this situation, you should take individual advice as to the detail involved.
Dismissal and disciplinary
Standard procedure
Grounds: capability, conduct, redundancy, Illegality, Some Other Substantial Reason and Retirement.
Step 1
The employer:
- Sets down in writing the alleged disciplinary failing of the employee
- Sends a copy of this written complaint to the employee
- Invites the employee to a disciplinary meeting to discuss the matter
Step 2
- No disciplinary action (except suspension) must take place prior to the meeting
- No meeting must occur until the employee is told of the basis for the disciplinary complaint and given a reasonable opportunity to respond
- The employee should take all reasonable steps to attend the meeting
- After the meeting the employee must be notified of the decision and right of appeal
Step 3
- The employee notifies wish to appeal
- The employer should invite the employee to attend a further meeting. The employee should take all reasonable steps to attend the meeting
- The employer supplies Appeal decision
Modified procedure
Used where employment cannot continue, and Instant Dismissal is fair
Step 1 The employer:
- Sets down in writing the alleged misconduct which has led to the dismissal (include details of the basis for concluding that the employee was guilty of the alleged misconduct)
- Sends a statement to the employee also confirming the employee’s right to appeal
Step 2 If the employee wishes to Appeal:
- He or she must inform the employer
- The employer should invite them to a meeting
- The employee must take all reasonable steps to attend the meeting
- After the Appeal meeting the employee must be informed of the final decision
Grievance
Standard procedure
Step 1 The employee:
- Sets down in writing the nature of the alleged grievance
- Sends the written complaint to the employer
Step 2 The employer:
- Should invite the employee to a meeting.
- The employee should take all reasonable steps to attend the meeting
- The employee must be notified of the decision and of the right to Appeal
Step 3 If the employee wants to appeal:
- He/she should inform the employer
- The employer should invite the employee to a further meeting. The employee must take all reasonable steps to attend the meeting
- The employee must be informed of the final decision after the meeting
Modified procedure
Where parties agree in writing and when not reasonably practicable for one party to meet.
Step 1 The employee:
- Sets down in writing the nature of the alleged grievance and the basis for it; and
- Sends the written complaint to the employer
- The employee cannot lodge proceedings at the Tribunal until 28 days after the letter is sent
Step 2 The employer:
- Must set out his response in writing and send this to the employee.
What Thomas Dunton can do for you
We have a team of specialist employment lawyers who take pride in giving straightforward legal advice.
We will do our best to advise you and to ensure that everything proceeds in your case as smoothly as possible. Do not at any time be afraid to ask questions. We will give you the clearest information possible about costs and keep you updated about the issues as the matter progresses.
