Calderwood House, Montpellier Parade, Cheltenham GL50 1UA
If you are facing a disciplinary process or have a grievance at work, our employment solicitors can provide clear legal advice and practical support. We can help you understand your rights, respond to workplace concerns and navigate the process with confidence.
Workplace Procedure and Hearing Advice
An allegation at work can feel especially difficult when your job or professional reputation is at stake and a meeting is approaching. You may not have seen the evidence, understand the potential consequences or feel confident responding to management. Our employment solicitors help you prepare a clear, accurate account and identify the procedural questions that need answering. We focus on what the employer is investigating, what you need to respond fairly and the steps that may protect your position before a decision is made.
We also advise employees who need to raise a grievance about unresolved treatment, pay, discrimination or another workplace concern. Our legal team can review the policy and correspondence, help organise supporting evidence and draft a focused response or appeal. Where we advise an employer, we consider a fair investigation and decision-making process rather than a predetermined result. We explain the scope of our involvement, including whether attendance at an internal meeting is available, and agree fees before substantive work. The advice connects the immediate procedure with any wider contractual rights or potential employment claim.
A disciplinary process addresses concerns the employer raises about conduct. A grievance is a complaint raised by an employee about work or treatment at work. Performance and capability procedures may follow separate policies. The same events can give rise to more than one process, so identifying the correct procedure helps determine the documents, decision-maker and response needed.
Our solicitors can help you set out a focused grievance identifying events, supporting evidence and the outcome sought. If you face allegations, we help you answer them directly and explain relevant context. For employers, we advise on whether linked complaints should be investigated together or separately and how to avoid a decision that appears predetermined.
The Acas Code sets core standards for disciplinary and grievance cases. Employers should investigate, explain the issue in writing, allow a reasonable opportunity to respond, permit accompaniment where the statutory right applies and provide an appeal. Grievances should be raised and considered without unreasonable delay.
A tribunal can adjust compensation by up to 25% for an unreasonable failure by either side to follow the Code in a relevant case. The Code does not replace the contract, policy or specific statutory duties.
A defensible process starts with clear terms of reference and an impartial investigator. Allegations should be particularised, evidence should be tested and the decision-maker should distinguish facts from assumptions. Suspension is not a routine punishment and should be reviewed.
We can advise on invitations, evidence packs, hearing questions, sanctions, appeal arrangements and records, including discrimination, whistleblowing and health issues that need separate attention.
The statutory right generally applies to qualifying disciplinary and grievance hearings and relevant appeals. The companion is normally a colleague or a trade union representative or official. There is no general statutory right to bring a solicitor to every internal meeting, and an investigatory interview does not ordinarily attract the same automatic right.
A policy, contractual provision or reasonable adjustment may permit wider support. We check the applicable position and can prepare you beforehand even if we will not attend. Request the allegations, relevant evidence and reasonable preparation time in writing. If health or disability affects participation, explain what adjustment is needed rather than simply missing the meeting.
An appeal should identify the decision challenged, the reasons it is wrong and the outcome requested. Grounds may include factual errors, missing evidence, an inconsistent sanction or procedural unfairness. New evidence should be explained clearly. Keep the appeal focused on points that could change the decision instead of repeating every disagreement during employment.
Check the policy deadline and request an extension promptly if needed. An internal appeal does not ordinarily suspend the time limit for a tribunal claim. We can advise on both timetables and prepare written grounds within an agreed scope. Employers should consider an impartial appeal manager and whether further investigation or a rehearing is appropriate.
An employee can weaken the position by ignoring invitations, providing an unfocused response, withholding a central explanation or missing the appeal. An employer may create unfairness through a predetermined decision, vague charge, incomplete investigation, inconsistent sanction or failure to consider adjustments and protected disclosures.
A procedural defect does not automatically win an employment claim. The legal effect depends on the underlying right, final decision and evidence of loss.
We can quote for a document review, written submission, hearing preparation, employer procedure or broader representation. If the dispute cannot be resolved internally, work can extend to settlement discussions, Acas Early Conciliation or tribunal proceedings under a separate agreed scope.
We focus on the immediate process while protecting the wider legal position.
Workplace Procedure and Hearing Advice FAQs
Answers on accompaniment, suspension, evidence, appeals, Acas and settlement discussions.
There is not a general statutory right to bring a solicitor to every internal disciplinary hearing. The statutory companion is usually a colleague or an eligible trade union representative or official. Contractual provisions, adjustments or exceptional circumstances may justify different arrangements. We can advise on requesting attendance and prepare your response even where the employer does not agree to legal representation at the meeting.
There is no general statutory right to accompaniment at a purely investigatory meeting, though a policy, contract or reasonable adjustment may provide one. The purpose and possible consequences of the meeting matter. Ask for clarification if an investigation meeting appears to become a disciplinary hearing. We can help you request fair arrangements and understand what information you should receive.
Suspension should not be treated as a finding of guilt or a disciplinary sanction in itself. Its necessity, terms, duration and review can be relevant to fairness. Ask for the reason, expected timetable, pay position and contact arrangements in writing. Follow legitimate restrictions while seeking advice about concerns, and avoid contacting witnesses in a way that could interfere with the investigation.
A sufficiently serious allegation may lead to dismissal for a first offence, including alleged gross misconduct, but a fair investigation and reasonable decision are still important. The employer should consider your explanation and the circumstances rather than treating a policy label as conclusive. Notice entitlement and unfair dismissal are separate issues that may require different legal analysis.
Tell the employer promptly, explain the difficulty and provide relevant medical information where appropriate. A postponement, remote attendance, written response or other adjustment may be considered. Repeated absence does not necessarily prevent the employer proceeding indefinitely. We can advise on a practical proposal that enables you to participate fairly and records the reasons if you cannot attend.
A grievance may be appropriate where there is a distinct concern, such as bias, discrimination or a procedural problem. It does not automatically stop disciplinary action; the employer may need to consider the relationship between the issues. Focus on specific facts and the remedy sought. We can help decide whether a separate grievance, a hearing objection or both are appropriate.
Identify the decision, the grounds of appeal and the outcome requested. Grounds might include factual errors, new evidence, procedural unfairness, inconsistency or a disproportionate sanction. Explain why each point matters rather than repeating the entire history. Check the internal deadline and attach relevant documents. We can help prepare a focused appeal while separately considering any tribunal limitation period.
A blanket refusal may have employment consequences and is not usually a substitute for advice. You can ask for clarity, time to review documents or an explanation of how the information will be used. Where allegations involve possible criminal or regulatory proceedings, the interaction requires particular care. We can advise on your response without assuming every question should be answered immediately.
In relevant tribunal claims, an unreasonable failure to follow the applicable Acas Code can lead to an adjustment of up to 25% to an award. It is not a standalone automatic payment for every procedural error, and an employee’s unreasonable non-compliance can also matter. The Code does not apply identically to every type of dismissal or workplace procedure.
No. Internal complaints and appeals do not ordinarily stop tribunal time limits. You may need to notify Acas while the employer is still considering your grievance. The legal claim and relevant event date determine the initial deadline, with timely Early Conciliation affecting the calculation. We can advise on managing the internal process and external deadline together.
Arrange a call with our employment solicitors or visit our Cheltenham office by appointment. We will discuss the issue, the documents needed and the scope and cost of any further work. Call 0330 900 0377, email info@pembridgesolicitors.co.uk or request a consultation.
A free 20-minute introductory consultation is available in suitable cases to discuss the main facts and consider whether you may have a claim. It provides limited introductory guidance; detailed legal advice, document review and further work are subject to an agreed scope and fee.
Pembridge Solicitors
Calderwood House, Montpellier Parade
Cheltenham GL50 1UA
Office visits by appointment.