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

Home Image

The New Immigration Framework

The Government has released further details of the new immigration schemes that will open from 1 January 2021 when free movement ends with the EU. The 130-page document outlines the draft requirements for the main work and study routes to the UK. The new immigration architecture will be endorsed by Parliament later in the year….

Read More

Suspension of Entry to the United States for Foreign Nationals

On 22 June 2020, President Trump issued a Proclamation suspending entry to the U.S. of foreign nationals in certain non-immigrant (temporary) visa classifications. The entry ban took effect on 24 June 2020 at 12:01 a.m. Eastern Daylight Time. WHO IS IMPACTED BY THE BAN? Individuals in the following visa categories who were outside of the U.S. on…

Read More

Tier 2 Sponsor Compliance

Background As part of UKVI’s aim to modernise, improve and broaden how it delivers sponsor register assurance, a new approach has been introduced which assesses Tier 2 sponsor compliance via a telephone interview. UKVI advise that the new activity will supplement but not replace the established activity of full compliance audits that are carried out…

Read More