Grievance & Disciplinary Solicitors
Facing a disciplinary or raising a grievance? What happens now shapes every claim that follows.
A disciplinary hearing can lead to a final warning or dismissal. A poorly handled grievance leaves you without a record. Both are governed by the ACAS Code of Practice — and how you navigate them directly affects any future tribunal claim. Get legal advice before the meeting, not after.
Your Rights at Every Stage
Disciplinary and grievance procedures — what employers must do and what you can do.
The ACAS Code of Practice on Disciplinary and Grievance Procedures is not optional. Tribunals take departures from it seriously — and so should you.
Right to be accompanied
You have a statutory right to be accompanied to any disciplinary or grievance hearing by a fellow worker, a trade union representative, or a trade union official. Your companion can address the hearing, sum up your case, and confer with you during the hearing — but cannot answer questions on your behalf. Denying this right is unlawful and can found a separate employment tribunal claim.
Investigation before a disciplinary
The ACAS Code requires a reasonable investigation before any disciplinary action is taken. This means gathering evidence, interviewing witnesses, and forming an objective view of the facts. A disciplinary that proceeds without proper investigation — or where the outcome was predetermined — is procedurally unfair. This is a frequent ground of challenge in unfair dismissal claims.
Proportionality of sanctions
Dismissal should be reserved for cases of gross misconduct or repeated misconduct after warnings. A first offence that does not meet the threshold for gross misconduct — or where other employees have been treated more leniently — is vulnerable to challenge. Even where dismissal is found to be fair, a failure to consider alternatives can affect the level of compensation.
Right of appeal
After a disciplinary outcome — whether a warning or dismissal — you have the right to appeal. The appeal must be heard by someone not previously involved in the matter and considered impartially. Exhausting the internal appeal is not a legal requirement before bringing a tribunal claim, but failing to appeal without good reason can reduce a tribunal award by up to 25%.
Grievance — creating a paper trail
A written grievance creates a formal record that the complaint was raised, when it was raised, and how the employer responded. This is critical in later tribunal proceedings. An employer who fails to properly investigate a grievance, gives no written response, or retaliates against you for raising one is in breach of the ACAS Code — and potentially the implied duty of trust and confidence.
ACAS Code uplift and reduction
Where an employer unreasonably fails to follow the ACAS Code, a tribunal can increase any award by up to 25%. Conversely, where an employee unreasonably fails to follow the Code — for example by not raising a grievance before resigning — the award can be reduced by up to 25%. Both adjustments can be significant where the underlying award is substantial.