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.

Understanding your employment rights

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 concern, guidance on how and when to raise them and preparing you for meetings to discuss them.

Where your concern 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.

They stand out for the great way that they collaborate in partnership with clients.

Legal 500

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.

How we help our clients

Raising an informal or formal grievance including reviewing or drafting your grievance

Managing the implications of a disciplinary and how to minimise the impact

Exit strategies and negotiated terms of departure as needed

Reputation management and future career protection

Recent work highlights

Bullying allegations against board member

Advising a board member and director of a company on a grievance investigation, where a recently resigned employee had alleged bullying against them.

Investment banking disciplinary case

Acting for an employee at a global investment bank on their appeal against potentially career ending disciplinary allegations, achieving an outcome that preserved their ‘fit and proper’ status.

Confidentiality provisions for fraud investigation

Successfully obtaining sought after strict confidentiality provisions on behalf of a VP who was being investigated for fraud.

Successfull conclusion for victimisation dispute

Achieving a successful conclusion for a director in a carryover and victimisation dispute with his London financial services employer.

Resolution of workplace dispute

Representing a Michelin-starred chef in a dispute and revising contractual arrangements with his employer.

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