Raising A Grievance During A Disciplinary Process
Raising a Grievance During a Disciplinary Process: Understanding Your Rights
When an employee is undergoing a disciplinary process, it is not uncommon for issues to arise that lead them to submit a formal grievance. This grievance can be submitted at various stages of the disciplinary procedure, such as after receiving an invitation to a disciplinary hearing or even after the outcome has been communicated. Understanding why and how to raise a grievance during such a critical time is crucial for employees in Great Britain, as it can significantly impact the fairness of the overall process.
What is a Grievance During a Disciplinary Process?
A grievance, in general, is a concern, problem, or complaint that an employee raises with their employer. When raised during a disciplinary process, it typically refers to a formal, written complaint submitted by an employee concerning issues related to the disciplinary action itself or other underlying matters. This letter is specifically designed to be sent to an employee after they have submitted such a grievance.
Why is it Important to Raise a Grievance During a Disciplinary Process?
Raising a grievance during a disciplinary process is a significant step that can be taken for several reasons, primarily aimed at ensuring procedural fairness and addressing issues that might otherwise prejudice the employee's case.
The non-statutory Acas guide, which provides practical guidance on handling disciplinary matters, suggests that suspending disciplinary procedures to address a grievance may be appropriate in specific circumstances:
Allegations of Bias or Conflict of Interest: If the employee believes the manager conducting the disciplinary hearing has a conflict of interest or is biased against them, raising a grievance can challenge the impartiality of the process.
Selective Evidence: Where management is alleged to have been selective with the evidence provided to the disciplinary manager, a grievance allows the employee to highlight missing or withheld information that could be crucial to their defence.
Possible Discrimination: If the disciplinary proceedings are believed to be a result of discrimination (e.g., based on disability, gender, or race), raising a grievance directly addresses these serious allegations.
Procedural Unfairness and Prejudice: Generally, if proceeding with the disciplinary process without addressing the grievance would cause "clear prejudice" to the employee, it may be expected that the grievance procedure is completed first. This could include situations involving bullying.
By raising a grievance, an employee formally brings these concerns to the employer's attention, requiring them to be addressed. This is important because employers should generally be "sensitive to the issues raised in the grievance" and should have gone "some way towards dealing with the grievance before contemplating dismissal". Dismissal of an employee with outstanding grievance issues without proper consideration could lead to a finding of procedural unfairness.
The Impact on Disciplinary Proceedings
The Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) provides guidance on how to handle overlapping disciplinary and grievance matters. Employers in Great Britain are expected to follow the Acas Code, and unreasonable failure to do so by either party may affect compensation in a tribunal claim.
The Acas Code explicitly states that when an employee raises a grievance during a disciplinary process, the disciplinary process "may be temporarily suspended" to deal with the grievance. Alternatively, if the grievance and disciplinary issues are related, it may be appropriate to deal with them "concurrently". The Code allows employers discretion to deal with the situation appropriately.
If the employer decides to temporarily suspend the disciplinary procedure, they should make it clear that the disciplinary process will need to be resumed at the appropriate time and that the grievance submission does not entirely derail the disciplinary proceedings.
It's important to note that sometimes a grievance submitted after a disciplinary outcome may, in fact, be an appeal against the sanction imposed. In such cases, the employer might consider dealing with the matter as part of the appeal process. However, employers must exercise caution here, especially if the grievance concerns discrimination, harassment, or bullying, as it may not be appropriate to treat it solely as an appeal.
Key Considerations for Employees
Promptness: Employees should raise their grievance formally and without unreasonable delay, ideally with a manager not involved in the disciplinary matter.
Written Submission: The grievance should be put in writing and clearly set out the nature of the complaint.
Expect a Response: The employer will need to decide how to proceed, taking into account the Acas Code, the non-statutory Acas guide, relevant case law, and the specifics of the grievance. They should typically invite the employee to an initial investigation meeting.
Fair Process: The grievance should be dealt with by someone who has not been involved in the disciplinary proceedings.
By formally raising a grievance, an employee can ensure their concerns are properly acknowledged and investigated, potentially impacting the fairness and outcome of their disciplinary process.
Raising a Grievance During a Disciplinary Process: Understanding Your Rights
When an employee is undergoing a disciplinary process, it is not uncommon for issues to arise that lead them to submit a formal grievance. This grievance can be submitted at various stages of the disciplinary procedure, such as after receiving an invitation to a disciplinary hearing or even after the outcome has been communicated. Understanding why and how to raise a grievance during such a critical time is crucial for employees in Great Britain, as it can significantly impact the fairness of the overall process.
What is a Grievance During a Disciplinary Process?
A grievance, in general, is a concern, problem, or complaint that an employee raises with their employer. When raised during a disciplinary process, it typically refers to a formal, written complaint submitted by an employee concerning issues related to the disciplinary action itself or other underlying matters. This letter is specifically designed to be sent to an employee after they have submitted such a grievance.
Why is it Important to Raise a Grievance During a Disciplinary Process?
Raising a grievance during a disciplinary process is a significant step that can be taken for several reasons, primarily aimed at ensuring procedural fairness and addressing issues that might otherwise prejudice the employee's case.
The non-statutory Acas guide, which provides practical guidance on handling disciplinary matters, suggests that suspending disciplinary procedures to address a grievance may be appropriate in specific circumstances:
Allegations of Bias or Conflict of Interest: If the employee believes the manager conducting the disciplinary hearing has a conflict of interest or is biased against them, raising a grievance can challenge the impartiality of the process.
Selective Evidence: Where management is alleged to have been selective with the evidence provided to the disciplinary manager, a grievance allows the employee to highlight missing or withheld information that could be crucial to their defence.
Possible Discrimination: If the disciplinary proceedings are believed to be a result of discrimination (e.g., based on disability, gender, or race), raising a grievance directly addresses these serious allegations.
Procedural Unfairness and Prejudice: Generally, if proceeding with the disciplinary process without addressing the grievance would cause "clear prejudice" to the employee, it may be expected that the grievance procedure is completed first. This could include situations involving bullying.
By raising a grievance, an employee formally brings these concerns to the employer's attention, requiring them to be addressed. This is important because employers should generally be "sensitive to the issues raised in the grievance" and should have gone "some way towards dealing with the grievance before contemplating dismissal". Dismissal of an employee with outstanding grievance issues without proper consideration could lead to a finding of procedural unfairness.
The Impact on Disciplinary Proceedings
The Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) provides guidance on how to handle overlapping disciplinary and grievance matters. Employers in Great Britain are expected to follow the Acas Code, and unreasonable failure to do so by either party may affect compensation in a tribunal claim.
The Acas Code explicitly states that when an employee raises a grievance during a disciplinary process, the disciplinary process "may be temporarily suspended" to deal with the grievance. Alternatively, if the grievance and disciplinary issues are related, it may be appropriate to deal with them "concurrently". The Code allows employers discretion to deal with the situation appropriately.
If the employer decides to temporarily suspend the disciplinary procedure, they should make it clear that the disciplinary process will need to be resumed at the appropriate time and that the grievance submission does not entirely derail the disciplinary proceedings.
It's important to note that sometimes a grievance submitted after a disciplinary outcome may, in fact, be an appeal against the sanction imposed. In such cases, the employer might consider dealing with the matter as part of the appeal process. However, employers must exercise caution here, especially if the grievance concerns discrimination, harassment, or bullying, as it may not be appropriate to treat it solely as an appeal.
Key Considerations for Employees
Promptness: Employees should raise their grievance formally and without unreasonable delay, ideally with a manager not involved in the disciplinary matter.
Written Submission: The grievance should be put in writing and clearly set out the nature of the complaint.
Expect a Response: The employer will need to decide how to proceed, taking into account the Acas Code, the non-statutory Acas guide, relevant case law, and the specifics of the grievance. They should typically invite the employee to an initial investigation meeting.
Fair Process: The grievance should be dealt with by someone who has not been involved in the disciplinary proceedings.
By formally raising a grievance, an employee can ensure their concerns are properly acknowledged and investigated, potentially impacting the fairness and outcome of their disciplinary process.
Raising a Grievance During a Disciplinary Process: Understanding Your Rights
When an employee is undergoing a disciplinary process, it is not uncommon for issues to arise that lead them to submit a formal grievance. This grievance can be submitted at various stages of the disciplinary procedure, such as after receiving an invitation to a disciplinary hearing or even after the outcome has been communicated. Understanding why and how to raise a grievance during such a critical time is crucial for employees in Great Britain, as it can significantly impact the fairness of the overall process.
What is a Grievance During a Disciplinary Process?
A grievance, in general, is a concern, problem, or complaint that an employee raises with their employer. When raised during a disciplinary process, it typically refers to a formal, written complaint submitted by an employee concerning issues related to the disciplinary action itself or other underlying matters. This letter is specifically designed to be sent to an employee after they have submitted such a grievance.
Why is it Important to Raise a Grievance During a Disciplinary Process?
Raising a grievance during a disciplinary process is a significant step that can be taken for several reasons, primarily aimed at ensuring procedural fairness and addressing issues that might otherwise prejudice the employee's case.
The non-statutory Acas guide, which provides practical guidance on handling disciplinary matters, suggests that suspending disciplinary procedures to address a grievance may be appropriate in specific circumstances:
Allegations of Bias or Conflict of Interest: If the employee believes the manager conducting the disciplinary hearing has a conflict of interest or is biased against them, raising a grievance can challenge the impartiality of the process.
Selective Evidence: Where management is alleged to have been selective with the evidence provided to the disciplinary manager, a grievance allows the employee to highlight missing or withheld information that could be crucial to their defence.
Possible Discrimination: If the disciplinary proceedings are believed to be a result of discrimination (e.g., based on disability, gender, or race), raising a grievance directly addresses these serious allegations.
Procedural Unfairness and Prejudice: Generally, if proceeding with the disciplinary process without addressing the grievance would cause "clear prejudice" to the employee, it may be expected that the grievance procedure is completed first. This could include situations involving bullying.
By raising a grievance, an employee formally brings these concerns to the employer's attention, requiring them to be addressed. This is important because employers should generally be "sensitive to the issues raised in the grievance" and should have gone "some way towards dealing with the grievance before contemplating dismissal". Dismissal of an employee with outstanding grievance issues without proper consideration could lead to a finding of procedural unfairness.
The Impact on Disciplinary Proceedings
The Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) provides guidance on how to handle overlapping disciplinary and grievance matters. Employers in Great Britain are expected to follow the Acas Code, and unreasonable failure to do so by either party may affect compensation in a tribunal claim.
The Acas Code explicitly states that when an employee raises a grievance during a disciplinary process, the disciplinary process "may be temporarily suspended" to deal with the grievance. Alternatively, if the grievance and disciplinary issues are related, it may be appropriate to deal with them "concurrently". The Code allows employers discretion to deal with the situation appropriately.
If the employer decides to temporarily suspend the disciplinary procedure, they should make it clear that the disciplinary process will need to be resumed at the appropriate time and that the grievance submission does not entirely derail the disciplinary proceedings.
It's important to note that sometimes a grievance submitted after a disciplinary outcome may, in fact, be an appeal against the sanction imposed. In such cases, the employer might consider dealing with the matter as part of the appeal process. However, employers must exercise caution here, especially if the grievance concerns discrimination, harassment, or bullying, as it may not be appropriate to treat it solely as an appeal.
Key Considerations for Employees
Promptness: Employees should raise their grievance formally and without unreasonable delay, ideally with a manager not involved in the disciplinary matter.
Written Submission: The grievance should be put in writing and clearly set out the nature of the complaint.
Expect a Response: The employer will need to decide how to proceed, taking into account the Acas Code, the non-statutory Acas guide, relevant case law, and the specifics of the grievance. They should typically invite the employee to an initial investigation meeting.
Fair Process: The grievance should be dealt with by someone who has not been involved in the disciplinary proceedings.
By formally raising a grievance, an employee can ensure their concerns are properly acknowledged and investigated, potentially impacting the fairness and outcome of their disciplinary process.