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Facing a Disciplinary or Grievance Issue at Work

Acas Early Conciliation

Being called into a disciplinary meeting or feeling you have to raise a grievance at work can be daunting and stressful. You don’t have to face it alone.

At Warner Goodman LLP, our Employment Law team supports employees through every stage of disciplinary and grievance procedures — protecting your rights, ensuring fair treatment, and helping you reach the best possible outcome.



What is a Disciplinary Procedure?

A disciplinary procedure is how your employer handles concerns about your conduct or performance. This could involve issues such as:

  • Poor performance or capability concerns
  • Alleged misconduct or breaches of company policy
  • Persistent lateness or absence
  • Insubordination or inappropriate behaviour

If you’ve been invited to a disciplinary meeting, you have the right to know the allegations against you, see any evidence, and be accompanied by a colleague or trade union representative.



What to Expect During the Disciplinary Process

If your employer starts disciplinary action against you, the process should usually include:

  1. Investigation – You should be informed about what’s being investigated and have the opportunity to present your side.
  2. Disciplinary hearing – You’ll be invited to a meeting where you can respond to the allegations.
  3. Decision – You’ll receive a written outcome, which could range from a warning to dismissal.
  4. Right of appeal – You can appeal if you feel the decision is unfair or the process was flawed.

At every stage, you’re entitled to fair treatment and to have a representative or adviser present.



What is a Grievance Procedure?

A grievance procedure enables employees to formally express concerns or complaints about their employer, working conditions, or workplace treatment.

You may raise a grievance if you’ve experienced:

  • Bullying or harassment
  • Unfair treatment or discrimination
  • Health and safety concerns
  • Breaches of your employment contract

Raising a grievance can feel intimidating, but it’s an important step in protecting your rights and ensuring workplace issues are taken seriously.



How to Raise a Grievance at Work

If you’ve been treated unfairly, the first step is often to try to resolve the issue informally with your line manager or HR department. If this doesn’t work, you can raise a formal grievance in writing.

Your employer should then:

  1. Investigate your concerns
  2. Invite you to a grievance meeting to discuss them
  3. Provide a written outcome and explanation
  4. Offer a right of appeal if you’re not satisfied

If your employer ignores your grievance or handles it unfairly, you may be able to take your case to the Employment Tribunal.



The ACAS Code of Practice – Why It Matters

The ACAS Code of Practice on Disciplinary and Grievance Procedures outlines the minimum standards that employers should follow. While the Code isn’t law, Employment Tribunals take it into account when deciding cases — and can increase any compensation awarded to an employee by up to 25% if the employer fails to comply with it.

Your employer should:

  • Act fairly and consistently
  • Investigate before taking disciplinary action
  • Give you the chance to respond to allegations
  • Allow you a right of appeal

If these steps haven’t been followed, you may have grounds to challenge your employer’s actions..



When You Can Bring an Employment Tribunal Claim

If you have been dismissed unfairly, disciplined without a fair process, or forced to resign because your employer handled a disciplinary or grievance situation improperly, you may have a legal claim for the following:

  • Unfair dismissal
  • Constructive dismissal
  • Wrongful dismissal
  • Discrimination or victimisation

Employment Tribunals can increase compensation by up to 25% if your employer failed to follow the ACAS Code of Practice.



How We Can Help

We understand how stressful disciplinary and grievance matters can be. Our specialist Employment Law solicitors can help you:

 Understand your rights and what to expect
 Review the allegations or complaint raised
 Prepare for hearings or meetings
 Draft your grievance or appeal letter
 Negotiate a settlement or exit agreement
 Represent you in an Employment Tribunal if necessary
 

We bring clarity and objectivity when emotions and workplace pressures can make situations difficult. Our focus is on protecting your position and achieving the best possible outcome for your circumstances.



Frequently Asked Questions

Where can I find my employer’s disciplinary or grievance policy?

Every employer should have a clear disciplinary and grievance policy, usually found in the staff handbook or employment contract.

Can I be dismissed without a disciplinary hearing?

In most cases, no. Your employer should investigate the allegations and invite you to a hearing before making any decision. Only in cases of gross misconduct can dismissal be immediate — but even then, you should be given the chance to respond.

Do I have to attend a disciplinary meeting?

You should attend if possible, as this is your opportunity to present your side. You have the right to be accompanied by a colleague or trade union representative.

What happens if my employer doesn’t follow the correct procedure?

If your employer fails to follow the ACAS Code of Practice, you could have grounds for an unfair dismissal or constructive dismissal claim.

Can I raise a grievance while I’m under investigation?

Yes. If you believe you’re being treated unfairly during a disciplinary process, you can still raise a grievance about the way the process is being handled.

 

Why Choose Warner Goodman LLP?

If you’re being investigated at work or need to raise a complaint about unfair treatment, our specialist employment solicitors in Hampshire are here to provide clear guidance, practical support, and trusted expertise.

We have a proven track record in successfully advising employees in disciplinary and grievance matters, with benefits including:

 Over 170 years of combined experience in employment law for employees
 Extensive expertise supporting clients through disciplinary and grievance procedures
 Clear pricing for transparency and peace of mind
 Clients rate us ‘excellent’ on reviewsolicitors.co.uk, based on over 1,000+ reviews
 Fully regulated and authorised by the Solicitors Regulation Authority (SRA)
 

With Warner Goodman LLP, you can rely on a team that is experienced, approachable, and committed to achieving the best outcome for every client.



Speak to Our Employment Law Experts

If you’re facing a disciplinary meeting, allegations of misconduct, or need to raise a grievance about unfair treatment, it’s important to get specialist legal advice as soon as possible. Our experienced solicitors will guide you through every step of the process, protect your rights, and work to achieve the best possible outcome for you.

We assist clients across Hampshire and beyond, with offices conveniently located in Southampton, Portsmouth, Fareham, Chandler's Ford, and Waterlooville. You can choose to meet in person or arrange a remote appointment.

Call: 023 8063 9311
Email: employment@warnergoodman.co.uk

Alternatively, you can complete our online enquiry form to request a confidential callback.



 

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