Why is it so important for employer’s to follow the correct procedure?

January 24, 2019

Whether it is a workplace disciplinary or grievance, or even a redundancy procedure, none are pleasant experiences for either employers or employees. It is therefore understandable that employers may wish to deal with them as quickly as possible and without following their own procedures and policies. However, by doing so may cost employers heavily in the long run. Failure to follow procedures could result in claims in the Employment Tribunal for unfair dismissal or constructive dismissal by their employees.

Employees handbooks will often outline the disciplinary and grievance procedures to be followed. ACAS code of practice gives employers practical guidance for handling these issues within the workplace, failing to follow their guidance won’t make an employer liable, but a Tribunal will take it into account when considering financial awards. Tribunal’s have the power to adjust any awards by up to 25 per cent for unreasonable failure to comply with any provisions of the ACAS code. This means employers face a potential 25 per cent increase in any financial award to an employee if they bring claims for unfair or constructive dismissal.

It has been found to be sufficiently serious by an employers failure to follow its own grievance in the working relationship between employer and employee. Without these policies in place you can’t run a business, and to be able to develop a business, these policies help foster and maintain the working relationships between an employer and employee. However having them in place is not enough, ensuring you follow them in these circumstances is key.

Tips for employers dealing with Disciplinary and Grievance issues:

• Have a disciplinary and grievance policy and procedure in place.
• Follow your policy when these issues arise in the workplace.
• Follow the ACAS code of practice on disciplinary and grievance procedures.
• Deal with matters within a reasonable timeframe.
• Deal with appeals as impartially as possible.
  Third party debt orders can be a powerful means of enforcing judgments, but how do they affect funds held in solicitors’ client accounts? The High Court considered that issues in a guideline case concerning an alleged financial fraud.
  https://www.tayntons.co.uk/how-do-third-party-debt-orders-affect-solicitors-client-accounts/

Need help with Disciplinary and Grievance issues?

If you would like more information and to discuss disciplinary procedures and grievances further, contact our Trainee Legal Executive, Lucy Watson, for an initial consultation.

Call Tayntons Solicitors in Gloucester on 0800 158 4147 or email us at info@Tayntons.co.uk