Discipline and Grievance in the Workplace

Process Essentials

Discipline:

An employer-led process used to address misconduct or poor performance

Grievance:

An employee-led concern or complaint raised formally or informally

Some issues can move between the two processes depending on who raises the issue, how it is raised, and the underlying facts

ACAS, the Advisory, Conciliation and Arbitration Service, is an independent public body that provides free, impartial advice to employers and employees on workplace relations, employment law, and best practice in the UK.

UK businesses are not legally required to follow ACAS guidance in every situation, but Employment Tribunals expect employers to have regard to the ACAS Code of Practice, and failure to do so can increase compensation awards by up to 25%.

Fair Process Checks

Before starting any disciplinary or grievance process Managers should ask themselves:

Process:

• Am I following the correct organisational procedure?
• Is this issue best handled informally or formally at this stage?
• Have I allowed enough time for a fair process?

Fairness and Consistency:

• Have similar cases been handled in a similar way?
• Can I explain and justify any differences?
• Have I avoided assumptions or personal judgements?

Equality and Inclusion:

• Could any protected characteristic be relevant?
• Have reasonable adjustments been considered where needed?
• Could my decision be perceived as discriminatory?

Evidence and Records:

• Do I have clear, factual evidence?
• Have I kept accurate, objective notes?
• Is information being shared only on a need-to-know basis?

Support and Advice:

• Is this a point where I should involve HR?
• Have I checked ACAS guidance if I am unsure?

Seeking advice early is a strength, not a weakness.

Handling Meetings Well

✓Be clear on the allegation or concern, and stick to it

✓Ensure the employee has had reasonable notice and relevant information in advance

✓Confirm the right to be accompanied

✓Approach the meeting with an open mind, no decisions made in advance

✓Explain the purpose and process at the outset

✓Allow the employee to respond fully, without interruption

✓Ask clarifying and open questions to test evidence

✓Explore mitigating factors and any relevant personal circumstances

✓Consider whether Equality Act issues or adjustments apply

✓Adjourn to consider all information carefully, do not decide in the room

✓Make decisions that are reasonable, proportionate, and consistent

✓Communicate the outcome clearly, in writing, including the right of appeal

Key Principles for Managers

Timeliness, unnecessary delay increases stress and mistrust

Confidentiality, share information on a need-to-know basis

Right of appeal, this is a legal and procedural safeguard

Fairness, approach with an open mind

Written records, decisions must be clear and defensible

ACAS expectation: Tribunals expect employers to follow a fair and reasonable process, even if the grievance is not upheld.

Common Workplace Grievance Outcomes

• Grievance upheld in full
• Grievance partially upheld
• Grievance not upheld
• Informal resolution agreed between parties
• Mediation recommended or arranged
• Management action taken, such as guidance, training, or supervision
• Changes to working arrangements or duties
• Clarification of expectations, roles, or responsibilities
• Apology or acknowledgement of impact
• Commitment to improved communication or behaviour
• No further action, but issue formally addressed and closed
• Disciplinary process started separately, if misconduct is identified
• Appeal submitted by the employee

An outcome does not have to be “upheld” to be fair. What matters is that the grievance is handled properly, the decision is explained clearly, and the employee feels heard.