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.
Our specialist employment team understand the need for swift, frugal advice with the ultimate goal to settle and avoid costly tribunal hearings. Whether it’s advising on a document, defending or issuing a claim or negotiating a settlement we are commercial, practical and above all motivated to protect you without undue costs.
Employment law is ever-evolving our job is to stay on top of the regulations, keep our clients abreast of the changes by adapting their documents and our advice as such we are not just reacted to your instructions but proactive in updating you throughout.
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