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

British Citizens in Europe

British Citizens and EU Member State Immigration Policy  Preparing for a “no-deal” Brexit On Tuesday 15 January 2019 Members of Parliament (MPs) rejected the Withdrawal Agreement negotiated between the British government and the European Union. British nationals and their family members who are currently working and living in EU member states face immigration uncertainty if the UK leaves…

Read More

Changes for Entrepreneurs and Investors

Changes announced on Thursday 7 March The Government has announced imminent and substantial changes to the Tier 1 (Entrepreneur), (Graduate Entrepreneur) and (Investor) routes. New Start-up and Innovator visa categories will be introduced for those who wish to come to the UK to set up in business, replacing the Tier 1 (Graduate Entrepreneur) and Tier…

Read More

Brexit Briefing: The Clock Ticks Ever Louder

In this issue: Brexit Deal – public testing of the EU Settlement scheme No-Deal Brexit – Immigration from the EU from 30 March 2019 Implementing Brexit: An end to free movement – Immigration & Social Security Co-Ordination (EU withdrawal) Bill British Citizens & EU Member State Immigration policy – preparing for a no-deal Brexit  …

Read More