Dismissal and grievance procedures

The new statutory minimum grievance and disciplinary procedures came into effect on 1 October 2004.

Employers and employees alike are generally required to follow the new procedures before taking any case to an employment tribunal. That is not to say that you cannot obtain professional advice in the meantime.

What are the procedures?

Disciplinary procedures
If an employer is contemplating dismissal - or action short of dismissal such as reduction of salary or status - they must follow a three-step procedure which involves:

	a statement in writing of what it is the employee is alleged to have done
	a meeting to discuss the situation, and
	Respond promptly to your enquiries
	the right of appeal

If an employer does not follow the minimum procedure then an employment tribunal may judge the dismissal 'automatically unfair'. The compensation will increase or decrease - by between 10-50% - depending on whether the employer or employee failed to adhere to the new law.

Grievance procedure
If an employee wishes to use a grievance as the basis of a complaint to an employment tribunal they must first complete step 1 of the statutory grievance procedure:

	step one: inform the employer of the grievance in writing
	step two: meet to discuss the grievance and
	step three: hold an appeal, if requested

Employment tribunals may adjust any award of compensation by between 10 and 50 per cent for failure by either party to follow relevant steps of the statutory procedure.

It can sometimes be useful to instruct a solicitor during the grievance or disciplinary stage for appropriate advice. This may include negotiating a severance payment whereby you leave your employer on agreed terms to save you going through the statutory process, especially if you do not wish to remain with the same employer whatever the outcome.

Disciplinary and grievance hearings
You are entitled to reasonable notice of any pending disciplinary hearing. You are also entitled to be accompanied at certain disciplinary and grievance hearings by a fellow employee or a trade union official of their choice, provided they make a reasonable request to be accompanied. They also have the right to a reasonable postponement of the hearing, within specified limits, if their chosen companion is unavailable at the time the employer proposes. Employees also have the right to take time off during working hours to accompany fellow workers employed by the same employer.

Other aspects of UK employment law for employees include:

Choose area of interest Age discrimination Bonuses Compromise agreements Constructive dismissal Contracts of employment Dismissal and grievance Procedure Maternity Notice Race discrimination Redundancy Restrictive convenants Sex discrimination Sexual orientation Sickness Unfair dismissal Working parents Wrongful dismissal