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

Brexit Immigration Advice

British Citizens in Europe

British Citizens and EU Member State Immigration Policy  Preparing for a “no-deal” Brexit Members of Parliament (MPs) have been unable to reach agreement and ratify the Withdrawal Agreement and Political Declaration reached between the British Government and the European Union. This is despite a new deal being reached between the Johnson government and the EU…

Read More

EU Settlement Scheme Gathers Pace

Applications under the EU Settlement Scheme (EUSS) gathered pace in September 2019 with an additional 520,600 applications received by the Home Office. Overall the total number of applications received up to 30 September 2019 was more than 1.8 million. This increase in applications is most likely a consequence of the uncertainty in Parliament and the…

Read More

The Queen’s Speech

The Queen has opened a new session of Parliament with a speech setting out her Government’s legislative agenda. Whilst the forthcoming Immigration Bill obtained an early mention, the speech contained very little on the specifics: “An immigration bill, ending free movement, will lay the foundation for a fair, modern and global immigration system. My Government…

Read More