Disciplinary and grievance processes

Issues will unavoidably arise within any workplace and the disciplinary and grievance procedures are there to ensure that they are managed correctly and fairly. However, raising a grievance or having conduct or performance allegations raised against you can be distressing.

It is not always necessary to raise a formal grievance as many issues at work can be resolved through informal discussions, but these can be difficult discussions to have without the right support. We can assist you with framing your concerns, guidance on how and when to raise them and preparing you for meetings to discuss them.

Where your concerns are not addressed through the informal process we can guide you through the formal process, draft your grievance for you and provide you with help and assistance throughout the whole proceedings, including drafting any appeals and commencing exit discussions should this become necessary.

Being the subject of an investigation or disciplinary process is one of the most daunting and distressing issues a senior executive can face. Whilst good practice requires the disciplinary process to be handled without undue delay and with the maintenance of confidentiality, often the employer’s focus is on self-preservation, leaving you unsupported.

We will help you prepare for an investigation meeting and disciplinary hearing. At each step, we will provide you with guidance on how to handle this stressful experience including questions to ask and information to obtain. We will also help you frame your responses to the allegations to ensure your defence is as strong as possible.

For regulated individuals, we will explain the regulatory implications of a conduct breach and help mitigate the repercussions of a dismissal on the grounds of a regulatory breach of conduct where possible.

Often the working relationship becomes untenable due to mismanagement of a grievance or disciplinary process and, from our experience, this can result in the senior executive leaving the business. We can help you with your exit negotiations and settlement agreement negotiations, should this become necessary.

We understand that this can be a difficult time for you and creates an enormous amount of pressure and stress. Throughout all the proceedings, we will help you protect your rights and maintain your reputation and your career’s profitability.

Our employment team at Penningtons Manches Cooper are experts at guiding senior executives through investigations and disciplinary processes, guiding you not only through the process but also ensuring that your reputation and future career are protected.