As an employer, it is essential that you have in place grievance and disciplinary procedures that comply with current ACAS guidelines.
You have a duty to give serious consideration to any grievance raised by employees. Failure to carry out the correct process once a grievance has been formally raised could lead to a claim for constructive dismissal.
It is highly advisable to have a readily accessible disciplinary procedure designed to resolve disputes with employees in a way that is fair and gives the employee an equal opportunity to argue his/her case and, if necessary, appeal.
Failure to exercise a fair procedure when dismissing an employee could lead to a claim of unfair dismissal against the company.
Failure to comply with a fair procedure
Though such procedures do not form part of the employment contract and are not legally binding on either party, failure to implement them could increase the chances of a successful claim being brought against your business.
In addition, if the correct steps are not followed, and should a claim be issued against your company, a tribunal could increase any award achieved by an employee by up to 25%.
If you are unclear as to the requirements that your procedures must adhere to, then please do not hesitate to give us a call. We will review all your existing procedures and make certain that they offer you the best protection.