Grievance & Disciplinary Procedures – Advice for Employers

Procedural Difficulties

Since the introduction of Statutory Dispute Resolution Regulations employers are struggling with the minefield of the required statutory procedures. 

Damages at Tribunal may be increased by 10 to 50% for failure to follow the minimum statutory procedure. 

In respect of Grievances there has been considerable case law merely to find clarity as to what constitutes a grievance letter.  Surprisingly there is no requirement for the letter to be titled “Grievance” or to be written by the employee.  In a recent case, a lengthy resignation letter was deemed to constitute a grievance. 

Where the employer has failed to identify a grievance it will be in breach of the statutory procedures.

Further technical errors are for example not inviting an employee to an appeal hearing in circumstances where a written response to the Appeal has been requested

In a recent case this firm was able to increase a claimant’s damages by £6,000 for failure by his employer to follow procedures.

Employers must ensure that they have adopted procedures, follow these carefully and treat letters from employees extremely carefully.

For more information please contact Nigel Pepper or Patrick Nelson on 01785 211411

Published on web site - January 2007

The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.