Disciplinary & Grievances
Disciplinary and grievance matters can be some of the most challenging issues an employer can face. A single procedural mistake by an employer may lead to employee dissatisfaction, reputational damage, or increased tribunal claims risk. Handling these processes with precision and accuracy is therefore essential.
There is a process which employers should follow when addressing concerns raised about conduct, performance, or treatment in the workplace. A disciplinary process may involve issues such as misconduct, lateness, underperformance, or breaches of policy. A grievance process allows an employee to raise concerns in writing about unfair treatment, unreasonable workload, bullying, or breakdowns in working relationships.
Employers are expected to follow proper processes and act fairly and consistently while following the ACAS Code of Practice wherever possible. While the Code is guidance and not legally binding, tribunals have the power to award made if an employer has unreasonably failed to comply with the ACAS Code of Practice. In the same way, failure by an employee to raise a formal grievance before bringing tribunal proceedings can result in a reduction in a tribunal award.
Common challenges for employers include gathering reliable evidence, deciding whether suspension is appropriate, conducting fact-finding investigations, dealing with confidentiality and data protection and managing situations where disciplinary and grievance issues overlap/conflict. These matters often arise where there are time pressures, which increase the risk of procedural mistakes and resulting spikes in legal risk.
Getting early legal guidance should help an employer to ensure that investigations, hearings, documentation, and decisions are handled correctly and fully documented, and in doing so, reduce the risk of future disputes and legal risk.
What Are Disciplinary & Grievance Procedures?
Disciplinary and grievance procedures set out how workplace conduct concerns and complaints should be raised and handled. A disciplinary process may be used to address misconduct, lateness, under-performance, or breaches of company policy. A grievance allows an employee to raise concerns about treatment, workload, bullying, harassment, or other issues they believe require formal attention.
Both procedures rely on fairness, consistency, and adherence to the ACAS Code of Practice. Although the Code is not legally binding, tribunals may increase compensation by up to 25% if an employer has unreasonably failed to follow it.
Clear, transparent processes help maintain trust, reduce conflict, legal risk and help to ensure that decisions made can be legally justified if later challenged. The key stages within disciplinary and grievance procedures are:
Formal disciplinary process
Investigation requirements
Suspension considerations
Grievance handling steps
ACAS Code compliance
Appeal rights & outcomes
How Can David Help as Your Disciplinary & Grievance Lawyer?
David provides employers with clear, practical advice throughout the disciplinary and grievance process. He assists with planning and conducting investigations, gathering evidence, and preparing managers for hearings.
His guidance helps minimise procedural errors that could expose the business to unnecessary legal risk.
When grievances are raised, he supports HR teams and senior managers in managing sensitive or complex issues, including allegations of discrimination, bullying, or deteriorating working relationships. He helps shape an appropriate response while maintaining and providing clear objective guidance.
David also advises on decision-making, warnings, and ensuring that any action taken aligns with internal policies and legal standards. Early involvement from an employment lawyer helps reduce the risk of unfair dismissal claims or ACAS uplift penalties. His approach is measured, strategic, and grounded in more than 35 years of experience in advising employers.
Situations employers commonly face when dealing with disciplinaries or grievances include:
Procedural legal risks
Escalating grievances
Unfair dismissal claims
Early advice can prevent disciplinary or grievance issues from escalating into costly disputes or claims. If you need clear, pragmatic support to manage risk and maintain legal compliance at every stage, contact David today.
Why Choose David as Your Discplinary & Grievance Lawyer
With over 35 years of experience advising employers, David understands the pressures businesses face when allegations arise or procedures need to be followed precisely. His guidance is grounded in risk management, evidence-based decision-making, and following clear, defensible processes.
He works closely with HR teams, senior managers, and business owners to resolve issues confidently and in doing so minimises legal risk exposure. Employers value David’s practical approach and his ability to cut through legal complexity with calm, strategic advice.
