Handling a disciplinary or grievance

A disciplinary issue or a grievance can feel unsettling, but handled the right way it’s simply a process to work through calmly and fairly. We guide Sussex and Surrey employers through clear, ACAS-compliant procedures that resolve the issue and give you confidence you’ve done things properly.

When to pick up the phone

An employee has raised a formal or informal grievance

An allegation needs investigating before you act

You’re considering formal disciplinary action

You’re unsure whether your process is ACAS-compliant

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Supporting Sussex, Surrey & London

When workplace issues become formal, the process matters as much as the outcome

Whether it’s a conduct issue, a performance concern, or a complaint raised by an employee, the moment a situation becomes formal it has to be handled the right way. The ACAS Code of Practice sets clear expectations for how disciplinaries and grievances should be run — and employment tribunals expect employers to have followed them.

For a growing business without in-house HR, that’s a difficult position. You’re trying to be fair, stay calm, and keep the workplace running, all while managing an emotionally charged situation where the paperwork and the process really count.

That’s where MJV Consulting comes in. We give you experienced HR support at your shoulder — so the process is fair, defensible and dealt with properly.

A fair process gives you confidence in the outcome

When a disciplinary or grievance is handled fairly, everyone knows where they stand — and you can be confident the decision will hold up if it’s ever questioned. A clear process means investigating properly, giving the employee a chance to respond, and offering the right to be accompanied and to appeal.

Employment law here is also evolving. Under the Employment Rights Act 2025, the qualifying period for unfair dismissal is expected to shorten, so a sound, consistent process matters from an earlier point than before. (ERA 2025 timings are still being finalised.) We help you get it right, every time.

A clear, four-stage approach to any disciplinary or grievance

We manage the process with you from first report to final outcome, so nothing is missed and every step stands up to scrutiny.

Access

We review the situation with you, confirm whether it’s a disciplinary or grievance matter, and agree the right procedure and timeline before anyone acts.

Investigate

We help you gather the facts fairly and impartially — witness statements, evidence and a clear investigation report — so decisions rest on substance, not assumption.

Hear

We prepare you for the hearing, provide all the letters and scripts, and make sure the employee’s rights — to be accompanied and to respond — are respected throughout.

Resolve

We guide you to a fair, proportionate outcome, document it correctly, and handle any appeal — protecting both your business and your working relationships.

What a fair disciplinary or grievance process looks like

Here’s the framework we work through with every client — and the version we’re happy to talk through on a free discovery call.

Before You Act

During the Process

After the Decision

Calm, practical support when things get difficult

We combine deep employment-law knowledge with a human, approachable style — so you feel supported, not judged.

✓ Experienced HR professionals who handle these situations every week

✓ ACAS Code-compliant procedures that stand up to scrutiny

✓ All the letters, scripts and templates provided for you

✓ Impartial investigation support to keep the process fair

✓ Practical, business-focused advice — never just theory

✓ Trusted by businesses across Sussex, Surrey and London

FAQs

What's the difference between a disciplinary and a grievance?

A disciplinary is something you start as the employer, when you have a concern about an employee’s conduct or performance. A grievance is a concern the employee raises with you — about their treatment, their colleagues, their workload or a decision that affects them. They’re separate processes, but they can overlap, and both are handled under the ACAS Code of Practice. We help you tell them apart and respond to each in the right way.

The ACAS Code isn’t a law in itself, but employment tribunals take it into account, and an unreasonable failure to follow it can increase any compensation by up to 25%. In practice it’s simply the clearest, fairest route through a difficult situation, so we build every process we support around it. Follow it properly and you can be confident you’ve done the right thing..

No — a fair process means investigating first, then inviting the employee to a meeting in writing, giving them the chance to respond and the right to be accompanied before any warning is issued. Skipping the meeting is one of the easiest ways for an otherwise reasonable decision to be undone. We’ll help you run the meeting properly so the outcome holds up.

Summary dismissal — dismissal without notice — is only appropriate for genuine gross misconduct, such as theft, violence or a serious breach of trust. Even then, you still need to investigate and hold a hearing before deciding. Acting on the spot without any process is a common reason dismissals are later found unfair, so it’s worth taking the extra day or two to do it properly.

Yes. Suspension should be on full pay, kept as short as possible, and used only where it’s genuinely necessary — for example where an allegation is serious or the investigation could be compromised. It isn’t a punishment and shouldn’t feel like one. We can advise on whether suspension is the right call in your particular case.

An employee has the right to be accompanied at a formal disciplinary or grievance hearing by a colleague or a trade union representative. The companion can put and sum up the employee’s case and confer with them during the meeting, but can’t answer questions on their behalf. Getting this right is straightforward once you know the rules, and we make sure every hearing we support handles it correctly.

It depends on the issue and how serious it is, but as a general rule it’s better to deal with concerns promptly and, where possible, informally first. Storing up older matters and raising them all at once rarely lands well. If something needs formal action, we’ll help you frame it fairly and focus on what genuinely warrants it.

It’s quite common, and it doesn’t have to derail things. Depending on the grievance, you can either pause the disciplinary to deal with it first or, where the two are closely linked, hear them together. The key is to take the grievance seriously rather than treat it as a delaying tactic. We’ll help you decide the fairest way to handle both

Not automatically. Suspension isn’t a punishment, and it shouldn’t be a knee-jerk response — it’s only appropriate where there’s a genuine reason, such as a risk to the investigation or to others. In many cases a sensible alternative works just as well. We’ll help you decide whether suspension is really needed and, if it is, keep it short and handled properly.

There’s no fixed legal period, but it’s good practice to set one — typically six months for a first written warning and twelve for a final warning, after which it lapses. The key is to say clearly in the outcome letter how long it lasts. That way everyone knows where they stand and the process feels fair.

Yes — offering a right of appeal is part of a fair process and is expected under the ACAS Code. The appeal should ideally be heard by someone who wasn’t involved in the original decision. In a small business that isn’t always easy, so if you’re short of an independent manager we can step in to keep the appeal impartial.

Facing a disciplinary or grievance? Don't handle it alone.

Book a free 30-minute discovery call and we’ll talk through your situation and the safest way forward — no obligation, just clear, practical advice.

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