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 can happen at various stages, such as after receiving an invitation to a disciplinary hearing or even after the outcome has been communicated. Understanding why and how to raise such a grievance is crucial for employees in Great Britain, as it can significantly impact the fairness of the overall disciplinary process.
A grievance, generally, is a concern, problem, or complaint an employee raises with their employer. When specifically raised during a disciplinary process, it refers to a formal, written complaint about issues related to the disciplinary action itself or other underlying matters.
Raising a grievance during a disciplinary process is a significant step, primarily aimed at ensuring procedural fairness and addressing issues that might otherwise prejudice the employee's case. The non-statutory Acas guide suggests that suspending disciplinary procedures to address a grievance may be appropriate in specific circumstances. These circumstances include:
If an employee believes the manager conducting the disciplinary hearing is biased against them or has a conflict of interest, raising a grievance allows them to challenge the impartiality of the process.
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 crucial to their defence.
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.
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 formally raising a grievance, an employee brings these concerns to the employer's attention, requiring them to be addressed. Employers should 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 Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) provides guidance on handling overlapping disciplinary and grievance matters. Employers in Great Britain are expected to follow the Acas Code, and an 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.
Suppose an employer decides to suspend the disciplinary procedure temporarily. In that case, they should clarify 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 is also important to note that a grievance submitted after a disciplinary outcome may sometimes be an appeal against the sanction imposed. In such cases, the employer might consider dealing with the matter as part of the appeal process, but they must exercise caution, especially if the grievance concerns discrimination, harassment, or bullying, as it may not be appropriate to treat it solely as an appeal.
When an employee decides to raise a grievance during a disciplinary process, there are several key considerations:
Employees should raise their grievance formally and without unreasonable delay, ideally with a manager not involved in the disciplinary matter.
The grievance should be put in writing and clearly set out the nature of the complaint.
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.
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.
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 can happen at various stages, such as after receiving an invitation to a disciplinary hearing or even after the outcome has been communicated. Understanding why and how to raise such a grievance is crucial for employees in Great Britain, as it can significantly impact the fairness of the overall disciplinary process.
A grievance, generally, is a concern, problem, or complaint an employee raises with their employer. When specifically raised during a disciplinary process, it refers to a formal, written complaint about issues related to the disciplinary action itself or other underlying matters.
Raising a grievance during a disciplinary process is a significant step, primarily aimed at ensuring procedural fairness and addressing issues that might otherwise prejudice the employee's case. The non-statutory Acas guide suggests that suspending disciplinary procedures to address a grievance may be appropriate in specific circumstances. These circumstances include:
If an employee believes the manager conducting the disciplinary hearing is biased against them or has a conflict of interest, raising a grievance allows them to challenge the impartiality of the process.
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 crucial to their defence.
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.
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 formally raising a grievance, an employee brings these concerns to the employer's attention, requiring them to be addressed. Employers should 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 Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) provides guidance on handling overlapping disciplinary and grievance matters. Employers in Great Britain are expected to follow the Acas Code, and an 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.
Suppose an employer decides to suspend the disciplinary procedure temporarily. In that case, they should clarify 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 is also important to note that a grievance submitted after a disciplinary outcome may sometimes be an appeal against the sanction imposed. In such cases, the employer might consider dealing with the matter as part of the appeal process, but they must exercise caution, especially if the grievance concerns discrimination, harassment, or bullying, as it may not be appropriate to treat it solely as an appeal.
When an employee decides to raise a grievance during a disciplinary process, there are several key considerations:
Employees should raise their grievance formally and without unreasonable delay, ideally with a manager not involved in the disciplinary matter.
The grievance should be put in writing and clearly set out the nature of the complaint.
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.
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.
