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Concurrent Disciplinary Issues

Helping you strike a balance

It is not uncommon for employees to raise grievances following disciplinary proceedings being brought against them. In these situations employers may be quick to dismiss the grievance as a retaliatory act to the disciplinary matters being raised, however this attitude may lead to trouble later on if the grievance is not properly dealt with.

When a situation arises where a grievance has been raised whilst there are is a disciplinary matter outstanding, an employer must consider the best approach in dealing with both processes in a fair and timely manner.

The employer should take sufficient time to consider and properly investigate the grievance. In these circumstances a balancing act must be performed to ensure that the grievance and disciplinary matters are dealt with efficiently and not unduly delayed, whilst ensuring that sufficient care and attention is given to both processes.

Depending on the circumstances it will often be appropriate to suspend the disciplinary process for a short period to deal with the grievance. However, it may be possible to deal with both matters concurrently if there is overlap between the factual circumstances of the grievance and disciplinary processes.

Ultimately the best course of action for an employer will very much depend on the facts. Caution should be given to immediately discounting a grievance and grievances raised should be considered and addressed either before or at the same time as the disciplinary issues.

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