advice & support
MiP supports members who are facing disciplinary action by their employers, or who want to take out a grievance because they believe they’ve been treated unfairly at work.
As a manager you may have a complaint raised against you by colleagues or reports. These may be investigated under your organisation’s disciplinary or grievance policies.
The ACAS Code of Practice on disciplinary and grievance procedures sets out what a fair process should look like.
In line with the Code of Practice then you should expect your employer to:
It can be distressing to be on the receiving end of allegations. But you should not refuse to engage with it. It may help to remember that:
If the complaint cannot be resolved informally then the organisation will commission an investigation, which should be led by someone independent and unconnected to the parties.
The investigator will write to you to invite you to a meeting – a fact-finding meeting – with the terms of reference of the investigation. These should explain the scope of the investigation. You should always expect to see the terms of reference of the investigation before you meet the investigator.
Usually, you will be offered the option of bringing a TU rep or workplace companion.
You should:
The employer should usually arrange to hold a meeting within 5 working days, although this can be postponed so a rep or companion can support the meeting.
You should remember that:
You will get notes from the meeting and will be asked to review and confirm their content.
The investigator will also speak to the complainer and any witnesses and write and submit a report to HR with recommendations. The employer needs to have gathered all the evidence and spoken to all witnesses before a decision is made. This can take time but there should not be unreasonable delay.
If the investigation concludes that there is no case to answer, then you should be told.
If there is a case to answer, then you must be told in writing. Different things can then happen depending on the nature of the allegations and how serious they are. Actions can vary from learning points and specific actions such as training to a follow-up hearing. In very serious cases a decision may be made to dismiss without notice but this is rare. Whatever happens, it must be fair – in line with the ACAS Code of Conduct.
If there is a follow up disciplinary process, the employer must give you another chance to state your case and respond to the allegations made, even if there has already been an investigation You will also have the right to be accompanied by a union rep at any hearings. The managers of the panel must not be connected to the previous investigation and be independent of the parties involved.
There can be various outcomes at the end of the process. You may receive a verbal or written warning, demotion, some other outcome like training and development or perhaps a mixture of outcomes. In very serious cases, you may be dismissed. You will have the right to appeal any outcome. See also the redundancies and dismissals page.
It depends on the outcome of the investigation and/or follow-up hearing. If the allegations were held to be vexatious or malicious, then the complainer could be disciplined. If you feel that the process was unfair, then you could consider submitting a grievance.
If you believe discrimination may be a factor in your case, please let us know as soon as possible – all discrimination cases must be submitted within three months minus one day.
If you believe you have been treated unfairly or unreasonably at work, you can take out a grievance against your employer. Every NHS employer will have an established procedure for considering grievances. But we recommend you email memberadvice@miphealth.org.uk for advice before you take this step.
If you think you have the basis for a grievance, contact Member Advice as soon as possible. In most cases you need to lodge a grievance within three months minus one day of the incident or situation to which it refers – so don’t hang about!
We will try to resolve grievances informally wherever possible – many cases are the result of misunderstandings, and everybody usually benefits if problems can be resolved without formal procedures. If this is not possible then we can arrange advice for you.
If you have any questions about any of the above, then please contact memberadvice@miphealth.org.uk.
Read our articles on this and related topics by following the link below.
MiP has a range of free guidance in our Advice pages. Click below to view all of our workplace guidance.
Existing members can get individual support with problems at work. Use the link below to get in touch with Member Advice.
Before taking any disciplinary action, your employer must carry out a fair investigation into the allegations against you. We explain your legal rights and what employers must to do to ensure a investigation is above board.
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MiP can only offer one-to-one support on issues that occur after your first four weeks of membership. Join today to ensure you are protected if you ever need it in the future.
