Being Given a Disciplinary After Raising a Grievance, Is This Fair? #employmentlaw

Why It Matters

A retaliatory disciplinary can expose employers to victimisation and unfair dismissal claims, while employees need to act quickly to protect their legal rights.

Key Takeaways

• Timing of disciplinary after grievance raises suspicion of retaliation.
• Determine grievance subject, parties, and disciplinary initiators for advice.
• Verify if disciplinary aligns with policy or is unrelated to grievance.
• Victimisation claim possible if grievance involves Equality Act protected characteristic.
• Seek further grievance or legal action if disciplinary lacks genuine grounds.

Summary

The video examines whether an employer’s decision to issue a disciplinary notice shortly after an employee raises a grievance is fair or potentially retaliatory.

The presenter outlines critical questions—nature of the grievance, parties involved, who initiated the disciplinary, and whether the alleged misconduct falls within normal policy procedures. He stresses that if the disciplinary is unrelated and grounded in genuine policy breaches, it may be legitimate; otherwise, it could be deemed punitive.

He highlights that grievances involving protected characteristics under the Equality Act trigger victimisation protections. A disciplinary that punishes an employee for raising such a grievance could give rise to a separate claim for victimisation, alongside the original grievance.

Employers must ensure disciplinary actions are evidence‑based and temporally independent of grievances to avoid legal exposure. Employees should document timelines and seek advice promptly to assess potential claims for unfair treatment or discrimination.