Open Navigation

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.

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%.

News

Remote Working

Back with a Bump: The Legalities and Practicalities of Agile Working

As the summer draws to a close, employers in all sectors are beginning to welcome staff back to offices and other physical workplaces. However, the pandemic has shifted expectations on all sides, with agile working (involving a mix of home and office working) increasingly becoming the norm in certain sectors. Recruitment Working from home has…

Read More
CoronaVirus

Update: “Long Covid”

“Long Covid” refers to the fact that some people seem to suffer from the effects of Covid-19 for significantly longer than others, sometimes for weeks and months after first contracting the illness. Long Covid undoubtedly presents difficulties for employers managing staff absences and decreased performance or productivity from employees who are suffering from an illness that…

Read More

Managing A Return To The Workplace

Today sees England move to Step 4 of the Government’s COVID roadmap.  Social distancing and mask wearing rules are no longer mandatory in public spaces, but the Government has failed to clarify what steps it expects employers to take before welcoming staff back to offices and other workplaces.  Managing a successful return to the workplace…

Read More