EMPLOYMENT LAW

Disciplinary & Grievance

Grievances are a type of complaint or concern than an employee raises with their employer, and relate to any workplace-related issue. This may be relating to a problem the employee is experiencing, such as harassment, or may be in response to notification that an employer intends to take certain actions, such as disciplinary action.

Strict disciplinary processes must be followed by employers to be compliant with employment law, and our legal team can provide advice on which steps must be taken. We can also provide advice to employees who wish to lodge a grievance of any kind, including relating to disciplinary action. Whether you are an employee or an employer, we can provide expert legal advice in this area.

For more information about our employment law services please call us on +44 (0)20 3475 6751 or email info@carterbond.co.uk

More information about Disciplinary and Grievance

Does your business have disciplinary and grievances procedures in place? We can assist with complaints, grievances and disciplinary matters, including dismissal.

Disciplinary and grievance procedures are an extremely delicate area of the law, and one where the employer is liable to face considerable opposition from the employee. It’s therefore essential that every employer ensures that disciplinary action is taken where necessary, but also that it’s fair, legal and reasonable. There must equally be an environment where employees can raise grievances without fear of retribution and with the confidence that their complaint will be dealt with responsibly.

Comprehensive solutions

Section 3 of the Employment Rights Act 1996 sets out some of the rights that an employee has when being subjected to a disciplinary procedure, including the fact that these must have been previously set out in writing. The employment contract or accompanying handbook should therefore always describe the disciplinary procedures that the company will follow.

You should always follow best practice when dealing with a disciplinary matter, and this includes carrying out proper investigations. As a bare minimum, every case where disciplinary action and potential dismissal are being considered should include:

  • An initial investigation followed by a hearing if there is a case to answer
  • Written notice of this hearing should be provided in advance to the employee. Include the reasons for the hearing and their right to bring representation
  • Following the hearing, the outcome should be confirmed in writing, together with the right of appeal.

A similar process should be followed for the appeal, which should ideally be carried out by a more senior manager.

Grievance

Your company grievance procedure should create the opportunity for any employee to voice concerns without fear of reprisals. The grievance may be about either their employment or their working conditions.

A grievance should be considered as a useful opportunity as it allows improvements to be made for the benefit of all.

It’s essential to get both your disciplinary and grievance procedures clearly set out for employees to refer to. We can help with drafting your procedures or offering legal advice on the implementation and decision-making process.

YOUR EMPLOYMENT LAW TEAM
Howard Lewis-Nunn

Howard Lewis-Nunn

Employment Partner / Barrister

e: howard@carterbond.co.uk
t: +44 020 3475 2713
m: +44 07572 823 361

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Reena Popat

Reena Popat

Managing Partner

e: reena@carterbond.co.uk
t: +44 020 3475 2724 
m: +44 07931 347 854

READ MORE >


HIGHLIGHTS

Acted for an associate in the banking sector who was discriminated against because of their background, and settled for a year’s worth of salary and a bonus

Advised a client in the research sector who was being harassed by their manager, and helped expose systemic abuse within the workplace

WHY CARTER BOND
Partner Led

Unlike many law firms when we say partner or barrister led, we mean partner or barrister led. When clients work with us, they get constant access to the lead on their instruction. Yes, we have a team of solicitors and juniors for some of the groundwork and necessary research required by our clients, but this is when it makes financial sense to the client for us to do this. We provide constant contact at no extra cost as part of our service as most of our lawyers have their own business, so they know first-hand how important having a proactive, responsible and trusted partner on their side can be. And also how to work to a financial budget, and the way that legal decisions impact the wider organisation, which often requires balancing risks and competing interests.

Proactive Contact

Many ask us ‘what’s different about you?’ and we like to reply, ‘because we go the extra mile’. We see our work as building and maintaining good business relationships rather than just earning fees. How we do this is by keeping in constant contact with our clients and intermediaries. From pre to post instruction we ensure that our clients are informed of all legal issues that may impact their business and therefore lives. That is why we provide daily or weekly updates to ALL of our clients whether there is anything to tell them or not (we don’t charge for this we just see it as part of our service). We like our clients to rest peacefully knowing that when we are instructed, and we say ‘we will take it from here’ they know we mean it.

City quality, outer City fees

The world is changing, and many individuals are realising that lifestyle is as vital to them as is income. We are the lucky ones who can hand pick lawyers who can provide the best quality advice but at outer city costs. Our offices are in North West London which may not be the most salubrious in the market but at the same time this allows us to charge our clients for what they pay for, our advice NOT our office space.

ALL our lawyers have previously worked in large city-based law firms and continue to practise and offer  the same high level service  they provided to clients in the City but without the pressure and demands often dictated by City law firm. This allows us to be competitive on our fees without compromising our service.

All in all, our clients win, which is the way we like it.

Our knowledge and resources are yours

All our clients benefit from the same high level of care and attention whether the instruction is big or small. At the outset of each matter, we discuss the entire process with our clients, including the costs, potential outcomes and issues associated. This is to ensure clients are fully aware, knowledgeable and are in control always. Supporting and ensuring we provide the highest level of services, we offer our constant contact process with the partner or barrister leading  your file, a document log in for matters which are for larger and more complicated instructions and on-going support post transaction should our clients require it. Our aim is not just to get the work done, but to make our clients’ lives easier as we do it, which is why we ensure that our clients have regular access to the resources they need from us.

KIND WORDS

“No nonsense approach, commercially astute and pragmatic, a “can do” attitude which sadly I find to be a rare quality in many Solicitors today.”

Shak Inayat, Penn Chambers
Shak Inayat,

“Very thorough and highly competent.”

Harish Hirani, Keylife Financial Services Limited
Harish Hirani,

“Something that could have taken months took days.”

Muks Rabadia, NSC Media
Muks Rabadia,

“They went well over and above.”

Anand Jatania, 8BN
Anand Jatania,

“Detail-orientated and highly knowledgeable.”

Shen Parmar, Jobspec Limited
Shen Parmar,

“In a rapidly changing environment having a proactive team of solicitors is absolutely essential.”

Sebastian Sandler, XUL Architecture Limited
Sebastian Sandler,

“A fantastic company.”

Rikin Kerai, NN Dev Consultancy Ltd
Rikin Kerai,

“They really understand the importance and urgency of the matters they are dealing with.”

Yogesh Gopal, Everglade Windows Limited
Yogesh Gopal,

“They gave me great advice and were able to support me throughout all stages of the transaction. Thank you!”

Suraj Sodha,  WP Maintain Limited
Suraj Sodha,
HELPFUL RESOURCES
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How can I dismiss an employee?

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For more information, or to discuss your requirements, please contact our team on +44(0) 20 3475 6751 or info@carterbond.co.uk