Dismissal, Discipline & Grievance

Investigations

Currently, statutory provision exists that sets out the minimum requirements employers must follow when dealing with disciplinary issues or grievances in the workplace.

One of the most critical elements of this process is to investigate thoroughly and effectively prior to convening any hearing; to collate the evidence gathered coherently and to understand precisely what the evidence is telling you.

The big rise in the number of tribunal claims lodged in the last year means the cost of getting it wrong has never been higher.  

Flaws in investigation techniques, processes, evidence gathering and collation could present will create formidable hurdles for any company defending an Employment Tribunal claim brought against them.

Also, using an experienced external investigator means the process is truly impartial and independent - something tribunals like to see.

We offer a range of support options in this area, including:

• Advice on the law;
• Advice on conducting an investigation;
• Training on investigation procedures & techniques;
• Conducting an investigation on behalf of the company’s and compiling a report of findings & recommendations.

Discipline and Grievance

October 2004 saw the introduction of the statutory Discipline & Dismissal Procedure (DDP) and Grievance Procedure (GP).  These statutory procedures have caused significant difficulties for both employers and workers and are set to be replaced by new requirements, yet to be defined by government, probably in 2009.

Failure to satisfy the requirements of the DDP will render any dismissal automatically unfair whilst failure to comply with the requirements of either of these statutory procedures will result in an additional, potentially substantial, punitive award against the employer.

Conducting formal disciplinary and grievance hearings can pose a significant challenge for the most competent individual. Hearings are both stressful and emotive for the parties involved.   Getting it wrong often costs more than just money.

We offer a range of support options in this area, including:

• Advice on conducting disciplinary and grievance hearings;
• Training on disciplinary and grievance hearings – procedures and techniques;
• Assisting the company during formal hearings and advising on the implications of the evidence presented.