If an employee raises a grievance during a disciplinary process, which takes precedence, or might we run the matters concurrently? 

Posted in : First Tuesday Q&A ROI on 4 October 2016
Zelda Cunningham
Arthur Cox
Issues covered:

The Grievance and Disciplinary Procedure should be consulted to confirm that there is no provision which allows for the disciplinary process to be suspended in the event of a grievance being raised. Where the Grievance and Disciplinary Procedure is silent on this point, the processes can run separately and concurrently, and in the absence of any other relevant factors, neither process should take precedence.

If the grievance in no way relates to the subject matter of the disciplinary process, the employee should be informed that the grievance will be dealt with in the normal manner under the established grievance procedures. 

Care should be taken to ensure there is no legitimate basis

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Back to Q&A's This article is correct at 04/10/2016

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Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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