Handling disciplinaries, poor performance and grievances - MLP Law

Handling disciplinaries, poor
performance and grievances

There will be times when an employer must tackle misconduct or poor performance. Employers must also deal with employee grievances and it is of course not uncommon for these areas to intersect.

Employers should have clear procedures in place for dealing with these issues, to ensure fairness and avoid claims. The consequences of not doing so can be significant, including costly Employment Tribunal claims and damage to employee engagement.

Request a consultation with our expert Employment Law solicitors to discuss
how to conduct effective disciplinary, grievance and performance management processes.

Request a consultation

Our experienced Employment Law experts are on hand to guide you through these
complex processes and ensure you have the support you need at every stage.

Our services include:

  • Advising on investigations into misconduct, poor performance or grievances;
  • Providing all correspondence required, including invitation letters and outcome letters;
  • Ensuring compliance with fair procedures, including the ACAS Code;
  • Providing scripts for meetings and hearings;
  • Designing bespoke policies and procedures on disciplinary, performance and grievance matters
  • Helping you deal with sensitive issues such as bullying, whistleblowing and discrimination; and
  • Training you and your managers on conducting fair and effective disciplinary, performance and grievance procedures.

Our Approach

All of our highly experienced Employment Law solicitors are Legal 500 recommended leaders in their field, who provide jargon-free, commercial legal advice. We speak to you in plain English and provide specialist, practical and pro-active solutions for your business.

We take the time to understand your business and the challenges you face, enabling us to provide bespoke advice which is tailored to you.


“Constantly high-quality assistance in a wide-ranging amount of HR and Employment Law issues, including major projects like a Covid resulting redundancy process, Disciplinaries and Employment Tribunals down to quick small inquiries. The replies are always clear and thorough, in easy-to-understand language that can be passed to all concerned without a need to be watered down into plain English.”

Simon Yates, Financial Controller and Company Secretary, Rota Engineering Limited


  1. How do I conduct a disciplinary hearing for a member of staff where there is misconduct?

    There are particular procedures that you must follow. In brief, you should investigate and give the employee clear notice of the relevant allegations, in writing. Next, you should hold a hearing to discuss the evidence, call any witnesses and allow the employee an opportunity to respond. The outcome of the hearing should then be communicated in writing.

  2. Can I demote an employee, as a result of a disciplinary hearing?

    The short answer is yes; if the employee has been warned that such a sanction is being considered and is reasonable in the circumstances of the case, a demotion can be implemented.

  3. An employee has raised a grievance, what should I do?

    Any grievance issued by an employee should be acknowledged in writing. A hearing should then be held, to allow a full discussion of the employee’s concerns. The decision regarding whether to uphold the grievance or not should be communicated to the employee, in writing, with any necessary action detailed.

  4. How should I deal with an under-performing employee?

    Having a performance improvement plan in place can either help an employee to improve to the required standard or be a crucial step in the dismissal process. Initially, the employee should be informed in writing of the particular areas of concern and be given an opportunity to improve.  Training and support should be offered where appropriate and the employee’s performance should then be reviewed.

Speak to us to see
how we can help

0161 926 9969

Why choose the mlplaw team?

  • Unparalleled Experience and Expertise

We are vastly experienced, Legal-500 recommended
legal experts who live and breathe Employment Law. We provide no-nonsense, commercial advice, achieving
successful outcomes for employers.

  • Your business, your service

Your business is unique, as are the challenges it faces.
That’s why our approach is always as unique as your business itself.

We don’t like one-size-fits-all strategies. We’re all about crafting tailored strategies that fit your specific needs.

Communication is key. We’re fluent in plain language and have no time for legal jargon. We believe in complete transparency and proactivity, providing you with a clear path and fixed fees so you’re never caught off guard.

  • We are proactive and keep your options open

Most businesses only call their lawyers when things go wrong. By then, it may be too late. We know that prevention is always better than the cure. We work with you proactively to identify vulnerabilities, mitigate risks and ensure successful outcomes before problems arise. We save you time, money and the stress that comes with handling legal issues.

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