The art of fair Discipline and Grievance
Stephanie Pote · Posted on: February 4th 2026 · read
Having robust Disciplinary, Grievance and Appeal policies and procedures in place is essential for any employer. These provide a necessary framework for fairness, consistency, and legal compliance; however, policies alone are not enough. What truly matters is how those policies are applied in practice.
In reality, it is the behaviour of line managers which can determine whether a process has been conducted fairly, and if a decision made is credible and defensible. The best written policy in the world can be undermined by a careless word, a poorly handled meeting, or a failure to approach a situation with an open mind.
The importance of line manager capability
Line managers are often responsible for conducting disciplinary, grievance, and appeal meetings, but many receive little or no practical training on how to do so effectively.
What can you do to safeguard against these implications?
- How to structure and run meetings properly;
- What questions are appropriate to ask and what should be avoided;
- How to remain impartial and avoid pre-empting an outcome; and
- How to listen, reflect, and respond appropriately.
A single inappropriate comment, a suggestion that a decision has already been made, minimising the employee’s concerns, or acting in any way which appears dismissive could seriously damage the integrity of the process.
Employers are required to follow a generally fair procedure, but fairness does not mean merely ticking procedural boxes. Decision-makers must be reasonable at all times; this includes considering all the evidence presented, taking employee’s representations seriously, and genuinely taking what they say on board.
The Employment Tribunal will look beyond the policy which is in existence and whether the steps were followed. It will consider how the employer actually behaved; if the process was handled with care; if the employee was treated with respect; and if the outcome was reasonable in the circumstances.
Ignorance is no defence
Employers cannot rely on a lack of knowledge as an excuse. There is a clear expectation that employers will train their managers properly, ensuring that they understand both the legal framework and the practical realities of managing difficult situations. A failure to do so can render employers liable to risks, both financial, and reputational. In addition, it can seriously damage morale and trust within their workforce. Employers who invest in training are more likely to have decisions which are upheld in the Employment Tribunal and which are also felt to be fair and reasonable by their employees.
HR Solutions can assist you on site in Disciplinary, Grievance and Appeal meetings. We can provide you with meeting scripts, advise you on what to say (and what not to say), and be on hand to support line management, stepping in where appropriate.
HR Solutions can also provide you with line manager training in how to handle employee relations issues such as discipline, grievances, poor performance, sickness absence.
