Discipline and Grievances: Statutory Requirements

Overview

Where the statutory dismissal and disciplinary rules apply, which is in the majority of circumstances, the employer will be expected to go through defined steps whenever a dismissal or disciplinary action short of dismissal in contemplated. ‘Dismissal’ covers circumstances much wider than those normally considered to be disciplinary matters. It applies to dismissals (except for constructive dismissals) including dismissals on the basis of conduct or capability, expiry of a fixed-term contract, redundancy and retirement.

The employee is expected to cooperate with the procedures and also to take certain steps. A failure to comply with the procedures where a dismissal takes place will result in an employment tribunal finding the dismissal to be automatically unfair.

Similarly, where the new statutory grievance procedures apply, the employee will be obliged to submit their grievance and the employer will normally be expected to invite the employee to a meeting and provide for an appeal against any decision taken. A failure by an employee to institute a grievance will, in certain circumstances, prevent the employee bringing an employment tribunal claim relating to the subject matter of the grievance.

Compensation for a successful tribunal claim can be reduced or increased by between 10 and 50% to reflect a failure on the part of the employer or employee to comply with any aspect of the procedures.

Members should can seek guidance from the Employee Relations Department by calling 0207 313 4852