Grievance and disciplinary

Also called Disciplinary procedure, Grievance procedure, ACAS Code

The formal processes for a complaint by an employee and for a problem with one. Following them properly is most of the defence.

What it means

A grievance is a complaint raised by an employee. A disciplinary is the employer's process for addressing conduct or performance.

The ACAS Code of Practice sets out the minimum fair process for both. It is not law, but tribunals must take it into account and can adjust compensation by up to 25% for an unreasonable failure to follow it.

Why it matters

Most unfair dismissal findings against small employers are about process. The reason was sound; the handling was not.

Getting it right is neither expensive nor complicated. It is mostly about writing things down, giving notice of meetings, allowing the right to be accompanied, and offering an appeal.

What it looks like in practice

The core steps: investigate before deciding anything, put the allegations in writing, give reasonable notice of the meeting and the right to be accompanied, hold the meeting, decide, confirm in writing with reasons, and offer an appeal heard by someone else where possible.

Keep contemporaneous notes. Reconstructed records are worth very little.

In a very small business, "someone else" for the appeal may be hard — say so, and do what you reasonably can.

What to watch out for

Suspension treated as routine. It is not neutral and should be a considered decision.

Dismissal without the two-year service point being checked. Some claims — discrimination, whistleblowing, automatically unfair reasons — need no qualifying service at all.

Handling a grievance about a manager by asking that manager to investigate it.

Where to get proper advice

ACAS: the Code, the guidance and the free helpline. An employment solicitor for anything involving discrimination allegations or a senior employee.