Explore our collection of resources on disciplinary and grievance procedures and conflict resolution including relevant case law and Q&As
Discipline and grievance procedures at work provide fair and formal structures to address misconduct or performance issues, and/or, to enable employees to raise concerns or complaints about workplace issues. Discipline and grievance procedures can be separate or combined policies.
UK employment law requires all employers to have a disciplinary procedure (Employment Rights Act, 1996, s3). The law does not specify what those procedures should be, but they should reflect the Acas Code of Practice on Disciplinary and Grievance Procedures (the Code).
The Code presents the minimum legal expectations for both disciplinary and grievance scenarios. A failure to follow the principles of the Code in any situation can be reflected in any compensation that arises out of a disciplinary or grievance issue that is not resolved directly between employer and employee and ends up before the Employment Tribunal. This page outlines compliance with the Code and then provides information on legal risk and case law in this area.
Practitioners may note that during disciplinary and grievance procedures, HR advice should be limited to questions of law, procedure and process. The actual findings on culpability and sanction should be decided by the manager tasked with making the decision.
Employers should note that that if an employee is not satisfied with the outcome of a disciplinary or grievance process, they may be able to bring a claim in the Employment Tribunal. Both the Code and the tribunal rules are designed to mean that bringing a claim is a last resort, and employers and employees should try to resolve disputes between themselves.
It's generally advisable that disciplinary and grievance procedures are expressly stated to be non-contractual. This enables employers to make changes to the procedures more easily and avoids employees having a claim for breach of contract if they are not followed to the letter.
In Northern Ireland matters of discipline and grievance are devolved (transferred). Members can find the key information on this matter on the employment law page for Northern Ireland.
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Please note: While every care has been taken in compiling this content, CIPD cannot be held responsible for any errors or omissions. These notes are not intended to be a substitute for specific legal advice.
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