Disciplinary, dismissal and grievance
Problems with an employee?
Unsure how to handle an employee’s complaint?
As an employer you need to be able to deal with employee conduct or performance concerns, without risking costly employment tribunal claims. If you do not have a fair reason for dismissal, if you fail to follow a fair procedure or if you do not act fairly and reasonably, you could be faced with a claim for unfair dismissal.
At Myers and Co our employment law specialists can draft all your staff handbooks and employment policies to provide a solid framework for disciplinary procedures for your staff to follow. Making sure that your company procedures are correct from the outset can prevent many problems amongst your workforce in the first place.
Your company policy must take account of the ACAS Code of Practice on Disciplinary and Grievance Procedures. If you fail to follow your own disciplinary procedure, the tribunal can take that into account in deciding if any dismissal was unfair. The employee could also claim for breach of contract, if the procedure is part of their contract of employment.
Our solicitors can advise you how to carry out a reasonable investigation, inform the employee of their rights for a hearing in writing and conduct a fair hearing and appeal and apply reasonable sanctions.
If the employee’s actions warrant dismissal, we will advise you how to conduct the dismissal process fairly and minimise the risk of employment tribunal proceedings.
We can help you formulate your company grievance procedures and policies, so that all members of staff know how to raise an issue through the proper channels. Ensuring your employees feel listened to and their concerns are taken seriously is an important step towards reducing tribunal claims for discrimination and unfair treatment. We can also help you respond to written grievances according to the ACAS Code.
Our EmployerAssist service could provide you with further peace of mind, giving you a dedicated helpline to our employment law specialists, a bespoke annual audit, access to our database of contracts and policies and regular updates at a fixed monthly cost.
Based in Stoke-on-Trent, Staffordshire, our specialist employment solicitors offer independent legal advice and representation on all types of employment law problems. To find out more, contact us on 01782 577000.
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