Grievance, Discipline and Dismissal

The areas of grievance, discipline and dismissal are complex and if not handled appropriately, can result in industrial relations problems or allegations of unfair dismissal which can carry heavy fines for an employer.

A grievance is an issue that an employee may have regarding some aspect of his or her employment. It is appropriate, and indeed advisable, that employers have clear, fair, time-bound and well communicated procedures for dealing with workplace grievances.

Discipline, on the other hand, arises when an employer has an issue with some aspect of an employee’s performance or behaviour. Disciplinary action can, in some cases, result in the dismissal of an employee. When claims for unfair dismissal are pursued through the Employment Appeals Tribunal (EAT), once it has been established that a dismissal has taken place, the burden of proof is then on the employer to show that the dismissal was fair. Therefore, it is essential that in such circumstances an employer can point to a fair, transparent and legally sound internal disciplinary procedure.

At Real HR Solutions, we have significant hands-on experience in the areas of grievance, discipline and dismissal. We can design and implement both grievance and disciplinary procedures that take account of your particular circumstances and at the same time are legally sound. Having such procedures in place and applying them consistently and fairly will significantly reduce the risk to you as an employer should a dismissed employee allege that the dismissal was unfair.