Disciplinary, Dismissal & Grievance Procedures

Guidance for employers

Employment Tribunals

If the grievance, disciplinary or dismissal procedures are not completed when the case goes to a tribunal the tribunal will decide whether that is the fault of the employee or employer. If it is the fault of the employer the compensation payable will be increased by at least 10% and possibly up to 50%. If it is the employee's fault the compensation will be decreased in the same way. If there is no award, there is no additional penalty.

Be aware that a tribunal can rule that a dismissal is unfair or that a grievance is justified even though you have stuck to the letter of the procedures. The tribunal must be satisfied that you acted reasonably in the circumstances (taking into account the size and resources of your organisation) .