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Simultaneous Grievances

Helping you decide on the best course of action

Where an employee raises a grievance whilst there are disciplinary issues being dealt with the employer should consider how best to approach the situation taking into account the need to deal with both processes without unreasonable delay and in a fair and thorough manner.

Adele Martins

Adele is a Partner and head of Magrath Sheldrick’s Employment Department. Her practice covers all aspects of contentious and non-contentious Employment Law. She has a client base ranging from multinational PLC’s to small companies as well as private individuals.

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Understanding Simultaneous Grievances

Simultaneous grievances involve multiple employees raising concerns or complaints at the same time. These grievances can arise from various issues, such as workplace conditions, management practices, or interpersonal conflicts. Addressing these grievances promptly and effectively is essential to prevent escalation and maintain a positive work environment.

When an employee raises a grievance during a disciplinary process employers are often tempted to assume that the concerns raised are not genuine or are intentionally spurious. This is a very risky approach and it is always important to consider and investigate any grievance raised by an employee even where it may at first appear to have no foundation.

Consideration should be given to whether it is appropriate to suspend the disciplinary process pending the outcome of the grievance. This could be appropriate in order to ensure that both processes are conducted fairly and independently. The ACAS Code of Practice on Disciplinary and Grievance Procedures (“ACAS Code”) provides that where there is considerable overlap between the issues raised in the grievance and those of the disciplinary action it may be best to deal with both processes concurrently. If not, often the disciplinary action will need to put on hold pending the outcome of the grievance process. The grievance should then be dealt with at the earliest opportunity to avoid delaying the disciplinary process unnecessarily. It is important, however, to strike a balance between dealing with the grievance efficiently but also in a thorough manner.

A failure to deal with a grievance in accordance with the ACAS Code could lead to an Employment Tribunal adjusting any award against an employer by up to 25%.

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