One of the greatest risks for employers is that they fail to follow a fair and reasonable process in dealing with discipline and grievance. A case came my way today where the employee has been taken to a disciplinary over the release of what the employer regards as confidential information. It is not, however that is for someone to decide. The employee feels that a mistake has been made and therefore raises a grievance, but here is the thing, the employer will often go full steam ahead to the disciplinary and ignore the grievance that they regard as spurious. It is not. No one would be advised to put in a spurious claim as that would affect a future claim, so these grievances must be considered. The natural order is for the grievance to be heard first, it is about the disciplinary case. ACAS states this is the way it should be, or the only other option is that the two can be heard in tandem. What cannot happen is the grievance is held back until the disciplinary has been heard, that is perverse and against the ACAS agreed code of practice and an employment tribunal will require a good reason as to why the ACAS code was not followed by the employer
One of the greatest risks employers face is failing to follow a fair and reasonable process when addressing discipline and grievances. A case I encountered today involved an employee being disciplined for allegedly releasing confidential information, which the employer claims is a serious breach. However, the employee believes this accusation is unfounded and has raised a grievance. Unfortunately, employers often prioritize disciplinary actions and dismiss grievances they perceive as trivial. This oversight can lead to significant consequences. It's crucial for employers to take all grievances seriously, as individuals do not typically submit claims without merit, especially considering the potential repercussions for future claims. Ensuring that grievances are adequately considered is essential to maintain a fair workplace and avoid unnecessary conflict.
