Gardner Leader

Discipline & grievance

We often get calls from employers who say, “I’ve just dismissed someone and I want to check that I’ve done it properly.” Which is great – we’re happy to help. But by that stage, the chances are that our help will take the form of defending them against an unfair dismissal claim, and that is likely to be costly.

On the other hand, if the call is to say, “I think I might have to dismiss someone, and I want to know how to do it properly” we stand a much better chance of ensuring that the problem is handled appropriately. This might not prevent a claim being made (although it will make it less likely) but it will give the employer a much better chance of defending it successfully and of getting it resolved at an early stage.

No matter how strong the case for dismissal, or other disciplinary action, failure to follow proper procedures can make the employer liable to pay compensation. The law lays down basic procedures which must be followed in any dismissal and makes the dismissal automatically unfair if they are not (as well as adding a percentage uplift to any compensation).

Similarly, where an employee raises a grievance, certain procedures must be followed.

What an employer needs in such situations is clear, practical advice about what needs to be done, what their options are and what the risks are. That is what we offer. We are on hand every step of the way to ensure that you know what you need to do.  We can also help with the preparation of letters and other documents.

Of course, if a dismissal has already taken place, we can help deal with any claims or to negotiate a settlement and wrap it up with a compromise agreement.

The sooner you call us, the more help we can be.

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