When workplace problems lead to formal action it can cause substantial disruption to a business.
At Taylor Law, we work with employers to deal quickly and efficiently with disputes to prevent the damage that can be caused by long-term problems.
Often, early intervention can prevent a situation from escalating. Our employment law team are skilled negotiators and, where necessary, will provide robust representation in legal proceedings.

Disciplinary action and suspension

Suspension, where an employee is notified that they may not attend work, is often used in tangent with disciplinary action, usually for alleged gross misconduct.
Full salary is usually paid for the duration of a suspension, until a conclusion is reached.
An investigation into employee behaviour must be carried out as quickly as possible during the suspension period. The suspension should also be kept under review and not used as a disciplinary sanction.
As an employer, you should have your disciplinary process set out either in the employee handbook or in your contracts of employment. This should follow the Acas Code of Practice on Disciplinary and Grievance Procedures.

The Acas code of practice on disciplinary and grievance procedures

If you do not properly follow some aspects of the Acas code of practice, any compensation awarded to an employee could be increased by up to 25 per cent. It is therefore important that as an employer you are aware of the provisions of the code and that you follow them as closely as possible.

• Some of the key principles are as follows:
• Resolve the issue informally where possible;
• Employer rules should be specific, clear and accessible and be in writing;
• Issues should be dealt with promptly and meetings, decisions and confirmation of decisions should not be unreasonably delayed;
• Employers should conduct a thorough and fair investigation to ascertain the facts;
• Employees should be told of the problem and have the opportunity to put their case before formal action is taken against them;
• Employees have the right to be accompanied by a colleague or union representative at any formal grievance or disciplinary hearing;
• Employees have the right to appeal.

At Taylor Law, we will advise you on the correct procedure to follow and ensure that employee rights are observed so that no complaint can be made in this regard.

Unfair dismissal

When an employee is dismissed, it must be for a fair reason. This is usually related to their capacity for doing the job, their conduct or because their role becomes redundant.
Where an employee feels that they have had to resign, they may have a case for claiming constructive dismissal. This could be because of harassment or bullying in the workplace or unreasonable changes to working conditions.
Both unfair dismissal and constructive dismissal claims will be heard by an employment tribunal if a settlement cannot be reached beforehand. It is important as an employer that you follow the correct process in dealing with a case, to ensure that an employee’s rights are not infringed so that a subsequent complaint cannot be made.

Employment tribunal claims

Where a dispute cannot be settled, an employee can take their case to an employment tribunal. This can be a difficult and onerous process for you as an employer and it is advisable to seek legal advice to ensure that the correct procedure is properly followed.
At Taylor Law we have extensive experience of representing employers in legal actions against them and we have an excellent track record of success.

Legal representation, guidance and advice

When you are dealing with an employee claim in respect of unfair dismissal or following disciplinary action, our team will give you clear, practical advice designed to settle the matter quickly and minimise time away from your business.
We will help you deal with the Acas early conciliation process or advise you during alternative dispute resolution, if appropriate, working proactively to move the case along as quickly as possible.
We can also ensure that your grievance and disciplinary procedures in your employee handbook or employment contracts are fair and effective. By putting a strong legal framework in place, you stand the best chance of avoiding litigation and, should a dispute arise, dealing with it efficiently.

Visit our frequently asked questions for more information.