Advice for Handling Disciplinary & Grievance Procedures
It is good practice to have disciplinary and grievance policies and procedures in place. It can govern the steps management and HR should follow when a dispute arises and complaints are made by employees or when an employee is not performing to a satisfactory level or behaves badly at work.
If a grievance or disciplinary procedure is not followed, it can lead to employment tribunal claims. Particularly in relation to dismissal, even if the dismissal itself is justified, poor handling of the disciplinary procedure can also result in a successful unfair dismissal claim. It is particularly important to ensure a proper handling of the grievance procedure when complaints are made about discrimination or harassment. Failure to deal with the grievance effectively can lead to costly discrimination claim or victimisation claim which can have serious implications for the businesses reputation and financially.
Before disciplining an employee for poor performance, it is important to consider whether there are any underlying reasons for the poor performance. If poor performance stems from any underlying disability, then taking any action at all could lead to a discrimination claim.
If one of your employees has raised a grievance, or you are planning to take disciplinary action, give us a call on 0113 284 5000, or send us an enquiry.