The relationship between employer and employee can be delicate. Matters can become particularly complicated where issues arise in relation to discipline in the workplace.
The law in this area covers mechanisms which employers may utilise to raise concerns with their employees, and where employees may draw attention to wrong doing in the workplace.
Workplace Discipline Legal Advice London, Reading, Henley, Slough
KLG host a team of expert employment law legal advisors that are routinely advise on the law governing discipline in the workplace.
Chairing & Administering Disciplinary Meetings for your Business
We can also help you through our 'HR at your doorstep' service, where we can conduct thorough investigations into misconduct and other disciplinary action and grievances on your behalf. We professionally administer the inquiry, providing detailed reports and recommendations, enabling you to make informed and balanced decisions. Click here to read more about our 'HR at your doorstep' service.
If you have any questions relating to disciplinary procedures and processes, we are able to help you. We advise clients in Maidenhead, Slough, Reading, Watford, Gerrards Cross, East London, Central London, Buckinghamshire, Milton Keynes, Luton, Bristol, Swindon and across the UK.
Grievances are the mechanism that employees may use to raise a concern that they have with their employer. In practice they can relate to any aspect of the relationship that they have with their employer: working environment, level of pay or any other aspect of the employment relationship.
Employers should be aware of how seriously they should approach employee grievances. It is advisable that they conduct their own detailed investigation regarding the complaint and organise a meeting with the employee concerned. This meeting is designed to allow employees to put their grievance to their employer, and suggest possible avenues that may be pursued to resolve the situation.
Having heard the grievance, employers should contact the employee concerned as soon as possible with their decision. It is also wise to allow for some mechanism whereby, if the employee is not satisfied with their employers’ actions, an appeal may be made.
Whereas employees may raise a grievance with their employer in respect of their dissatisfaction in the workplace, employers may utilise disciplinary action to address concerns they have with their employees. Employers may ask an employee to attend a disciplinary meeting for a number of reasons including:
- Concern about an employee’s conduct at work;
- Concern about an employee’s capability to do their work; or
- Concern about an employee’s continued absence.
- Employers are obliged to write to their employee, asking them to attend a disciplinary meeting. The letter should also give enough information as to why the employee is being asked to attend a disciplinary meeting, and any evidence as to why the meeting is required.
The first disciplinary meeting is very important, in that employers will only be able to pursue further disciplinary action if they commence the process having had the meeting. Failure to do so, and follow a structured disciplinary procedure, could give rise to an employment tribunal claim from employees that are ultimately dismissed from work.
Whistleblowing to expose wrongdoing in the workplace is governed by the Public Interest Disclosure Act 1998. Employers should be fully advised on the rules regarding whistleblowing, and the protection that must be afforded to employees that do bring forward information on wrongdoing in the workplace.
Employees that do ‘whistleblow’ will automatically be protected from being removed from their post because they exposed bad practices, i.e. to do so would be unfair dismissal. Furthermore their engagement in whistleblowing cannot be used as a reason to select them for redundancy. It is important to note that employees will only be protected where the information they provide is a ‘protected disclosure’. This means that it must relate to, amongst other things:
- A criminal offence;
- A miscarriage of justice; or
- A danger to an individual’s health and safety.
- Design the proper procedure for dealing with disciplinary issues
- The importance of employers designing procedures and processes for handling disciplinary issues cannot be underestimated. They should act as the agent through which all grievances, disciplinary hearings etc. are handled. Their work should also be supported by expert legal advice, to ensure that the procedures created are in-keeping with employment legislation.
Contact our HR Advisers Maidenhead, London, Henley, Slough, Reading
KLG regularly work in partnership with organisations and their human resources teams to design and implement robust procedures to handle disciplinary matters in the workplace. Our team of specialist legal advisors will also be able to provide tailored advice on how meetings between employees and employers should be conducted, and how investigations related to grievances and disciplinary action should be carried out. If you are in need of assistance in dealing with any aspect of UK employment law, contact us now. We are here to help you. Call us on 0808 1685860 today.