Grievances

Grievances

If an employee raises a grievance, it requires urgent and appropriate action. Failure to deal with a grievance properly or appropriately can create additional exposure to your organisation, especially if it contains allegations of discrimination. We work with you to help follow the ACAS recommended guidelines on how to manage a grievance process and look to find practical and pragmatic outcomes.

Nature of allegations

We are able to work with you to understand the nature of the allegations being raised and to seek clarification on those in an appropriate way should that be necessary. Our advice will guide you through the process of handling and dealing with the grievance, acknowledging that some grievances can be particularly sensitive and could often involve senior members of your organisation.

Reviewing evidence

We are able to assist in reviewing evidence and reaching appropriate and reasonable conclusions to the grievance, as well as handling any subsequent appeals that may be raised by the employee if he/she is unhappy with the outcome. By supporting clients in this way, we are able to significantly reduce the risk of future employment claims.

Using a Settlement Agreement

Alternatively, a grievance may lead to you and the employee deciding that a parting of the ways is in all partiesbest interests. When this happens, the employment is often terminated using a Settlement Agreement. Our experienced employment lawyers can prepare a suitable agreement and provide the advice you will require, should this happen.

How we can help

We will:-

  • We will provide guidance on best practice grievance process
  • Recommend mediation advice and support, if appropriate
  • Provide verbal and written advice, and supporting documentation at every stage of the process.
  • Consider legal risks and make recommendations to mitigate them.

Post-employment Obligations/Restrictive Covenants

Our employment solicitors can advise you on how these obligations will affect you, in particular whether your contractual obligations are actually enforceable against you. Post-termination restrictions must be carefully drafted otherwise a court may be unwilling to enforce them. They are dependent on being reasonably necessary (but no more than is reasonably necessary) to protect legitimate business interests. Accordingly, analysis can be more complicated where restrictive covenants feature in senior managers and directors contracts due the influence such individuals have in a business and the strength of their relationships with customers and suppliers.  Upon your exit from the business we can support you with negotiations to waive such restrictions. In the event of a dispute, we can advise you on your prospects of defending a breach of your post termination restrictions. 


Our Team

  • David Seals

    David Seals

    Partner

    Tel: +44 (0) 1306 502218

    Office: Dorking Office

    Email: David Seals