Disciplinary and Grievances
Many people, employees and employers alike, often do not understand or follow the disciplinary or grievance procedures in place which govern how concerns within the employment relationship are to be dealt with. Even worse, in some circumstances employers still do not have set disciplinary and grievance procedures in place! That is where Oxley & Coward can help.
We can guide both employers and employees through how to raise and deal with concerns in a fair and reasonable way, reducing the risk that an employment claim will be required, whilst also advising if the risk to employers that the level of compensation which may be claimed if things cannot be resolved amicably, will be increased/decreased by up to 25% in any subsequent legislation. Did you know that if procedures are not followed correctly, this could mean:
- A breach of contract claim or other claim such as (Unfair Dismissal) may be able to brought by an employee, or be more likely to succeed, entitling them to damages.
- Compensation awards can be increased to employees if employers do not follow their own procedures, by up to 25%.
- Compensation awards can be decreased if employees fail to follow the employers procedures, again by up to 25%.
If disciplinary and grievance procedures are well drafted, they provide a clear framework for both employer and employees to follow, which can assist in the resolution of issues without resulting in dismissal. There is no legal requirement for a disciplinary and grievance procedure to cover all the requirements of the ACAS Code of Practice on Disciplinary and Grievance Procedures, however it is good practice. An employer is not prevented from voluntarily including additional requirements however, as long as they do not conflict. Implementation and following of the policies in a fair manner should assist in resolution of disputes, which ultimately will protect an employer from the pitfalls of any poor approach to the procedure being found by the Tribunal and sanctions being applied, as set out above.
Do not get caught out! You cannot undo a failure to follow procedure later.