Disciplinary and Grievance

Before holding a disciplinary hearing, you must carry out a reasonable investigation, notify the employee in writing of the allegations, and give them sufficient time to prepare. The employee must be allowed to be accompanied by a colleague or trade union representative.

The hearing should be conducted fairly, and the employee must be given the opportunity to respond to the allegations before any decision is made. The outcome must be communicated in writing, and the employee must be told of their right to appeal. We advise on each stage of the process.

You can dismiss an employee for gross misconduct without notice or payment in lieu of notice (a lump sum payment instead of working out the notice period), but only if the act genuinely amounts to gross misconduct and you have followed a proper disciplinary process. Even in the most serious cases, the correct procedure must be completed.

Failure to do so can leave your business exposed to an unfair dismissal claim, even if the conduct itself was serious enough to justify dismissal. We advise on whether conduct amounts to gross misconduct and on the process to follow.

You should take the grievance seriously and follow a proper process. This includes acknowledging the grievance promptly, inviting the employee to a meeting to discuss it, investigating the complaint, and communicating your decision in writing. The employee must be told of their right to appeal.

If you are unsure how to respond, or if the grievance relates to a sensitive matter or a senior member of staff, contact our employment team as early as possible.

A disciplinary process addresses conduct: behaviour that is inappropriate or a breach of your policies. A performance process addresses capability: situations where an employee is not performing at the required level but has not done anything wrong. The two require different approaches.

Using a disciplinary process for a performance issue, or vice versa, can create grounds for a claim. We advise on which process is appropriate in your situation before you take any formal steps.

A common cause of successful employment claims is procedural error, not lack of justification. Involving us before you take any formal steps means we can advise on the correct process, identify risks in your approach, and help you document decisions properly.

This is especially important in cases involving potential dismissal, where the stakes are highest. Involving us at the start of a process is the most cost-effective protection available.