By Lucy Watson, trainee legal executive at Tayntons Solicitors 

Whether it is a workplace disciplinary or grievance, or even a redundancy procedure, none are pleasant experiences for either employers or employees.

It is therefore understandable that employers may wish to deal with them as quickly as possible and without following their own procedures and policies.

However, by doing so may cost employers heavily in the long run. Failure to follow procedures could result in claims in the Employment Tribunal for unfair dismissal or constructive dismissal by their employees.

Employee handbooks will often outline the disciplinary and grievance procedures to be followed. ACAS code of practice gives employers practical guidance for handling these issues within the workplace, failing to follow their guidance won't make an employer liable, but a Tribunal will take it into account when considering financial awards.

Tribunals have the power to adjust any awards by up to 25 per cent for unreasonable failure to comply with any provisions of the ACAS code. This means employers face a potential 25 per cent increase in any financial award to an employee if they bring claims for unfair or constructive dismissal.

It has been found to be sufficiently serious by an employer's failure to follow its own grievance procedure, so as to damage the relationship of mutual trust and confidence between employer and employee, allowing the employee to bring a claim for constructive dismissal against the employer.

Disciplinary and grievance procedures provide clear rules to deal with difficulties which may grow in the working relationship between employer and employee. Without these policies in place you can't run a business, and to be able to develop a business, these policies help foster and maintain the working relationships between an employer and employee. However, having them in place is not enough, ensuring you follow them in these circumstances is key.

In need of assistance or have unanswered questions? For more help contact Lucy Watson and the team at Tayntons: Telephone 01452 509080, email lucy.watson@tayntons.co.uk or visit www.tayntons.co.uk.