How to handle grievances raised during disciplinary procedures

Author: Darren Newman

Summary

Click on any of the hyperlinks to go to more detailed guidance below.

• Be aware of the different situations in which an employee who is subject to the disciplinary procedure may raise a grievance.
• Take into account that there is only minimal guidance in the Acas code of practice on disciplinary and grievance procedures on overlapping disciplinary and grievance issues.
• Appreciate that the key issue is likely to be whether you handle the disciplinary issue fairly, taking into account the nature of the employee's grievance and the way it is dealt with.
• Note that there is no legal requirement to postpone a disciplinary process in order to deal with a grievance raised by the employee.
• Consider if it is appropriate to deal with a complaint about the disciplinary procedure, or about the lead-up to the disciplinary procedure, as part of the disciplinary process.
• Where the grievance is unrelated to the disciplinary action, run the two procedures in parallel.
• Be aware that there is no requirement for grievances to be dealt with under a formal grievance procedure where the employment has ended.
• Consider reviewing workplace procedures to ensure that they allow issues to be dealt with flexibly and promptly.