Disciplinary matters
Guidance on the investigation, the invitation letter, the hearing and the outcome, in line with the ACAS Code.
Employment law advice for employers
Qualified advice while a situation is still developing
For employers facing a disciplinary, grievance, absence or dismissal question. You get qualified advice early, and a written record of how you handled it.
Most employment disputes do not start as disputes. They start as a late arrival, a complaint about a colleague or a sickness absence that keeps extending. Our employment law advice for employers is there for that early stage, when a phone call and the right next step can stop a situation turning into a claim.
Advice is given by qualified advisers at our specialist HR partner. 3S coordinates it, so you have one point of contact, and the advice stays joined up with your contracts, policies and anything else we look after for you. We are not solicitors, and where a matter needs one, we will say so.
Why 3S
- One contract, one point of contact
- A plan within 48 hours
- Photo-verified sign-off against the spec
- Funding available on the work
Employment law advice for employers
What the advice covers
Grievances
A fair process for complaints raised by employees, including complaints about managers or owners.
Absence and capability
Handling long-term sickness, repeated short-term absence and performance that falls short, with evidence at each step.
Dismissals
Advice before a decision is made, so the reason, the process and the letter all hold up.
Redundancy
Selection, consultation and notice, from a single role to a larger programme.
TUPE
What transfers, what you must tell staff and when, including transfers that come with winning or losing an FM contract.
Changing terms
Changing hours, pay or place of work without creating a breach of contract claim.
Letters and records
Template letters and meeting notes, so every stage is documented as it happens.
Employment law advice on disciplinaries and grievances
The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out what a fair process looks like: establish the facts, tell the employee what the problem is, hold a meeting, allow them to be accompanied, decide on appropriate action and give a right of appeal. Employment tribunals take the Code into account, and where an employer has unreasonably failed to follow it, compensation can be increased by up to 25%.
Workers have a legal right to be accompanied at disciplinary and grievance hearings by a colleague or a trade union representative. Refusing that request, or holding a hearing before the employee has seen the evidence against them, are two common ways a sound decision turns into an unfair process.
Where employers usually go wrong
Most problems are about process rather than the decision itself. A manager acts on a first complaint without investigating, the same person investigates and decides, or the outcome letter gives a different reason from the one discussed in the meeting. Each of these can be avoided with advice taken before the next step, not after the letter has gone.
How it works
Three steps, one point of contact
Step 1
Call while it is developing
Tell us what has happened, who is involved and what has been said or written so far. We bring in a qualified adviser from our HR partner to look at it.
Step 2
Agree the next step
You get clear guidance on what to do next and what to put in writing. Letters and meeting notes are prepared so each stage is properly recorded.
Step 3
Stay with it to the outcome
Advice continues through meetings, outcomes and any appeal. Once it is closed, we look at whether a contract or policy change would stop it happening again.
Funding
Spread the cost
Employment issues often surface during a restructure or a period of growth, when cash is already stretched. Where a restructure or growth plan needs working capital, funding can be arranged through our sister business, Novora Asset Finance™, subject to status and credit approval. Terms, total cost and any fees are set out before you commit.
Evidence
What you end up holding
A written record of each stage: the facts gathered, the letters sent, notes of every meeting and the reasons for the outcome. If a decision is later challenged, that record is what shows you acted fairly.
Questions
Employment law advice for employers: common questions
Is 3S a firm of solicitors?
No. Employment law advice is given by qualified advisers at our specialist HR partner, and 3S coordinates it. If a matter needs a solicitor, we will tell you.
When should I ask for advice?
Ideally before the first formal step. Once an invitation letter has gone out or a decision has been made, the options narrow. A short conversation early is usually far easier than putting a process right afterwards.
Can an employee bring someone to a disciplinary meeting?
Yes. Workers have a statutory right to be accompanied at disciplinary and grievance hearings by a work colleague or a trade union representative. Your own policy can allow more, for example a family member, but it cannot allow less.
Can you advise on an employee who is off sick long term?
Yes. Long-term absence needs a careful, documented approach that considers medical evidence, possible adjustments and the needs of the business before any decision about the job. An adviser will take you through each stage and what to put in writing.
Do you advise on redundancy and TUPE too?
Yes, both are covered. For larger changes, our restructuring and TUPE page explains the consultation rules and how we support you through them.
Related services
Often needed alongside this
Restructuring, redundancy and TUPE support
For employers reorganising teams, making redundancies, or gaining or losing staff under TUPE. You get a clear plan, the right consultation and a full record.
Read more →HR support for small businessesFor owners and office managers who handle HR alongside everything else. You get current contracts and policies, and qualified advice when a situation starts to develop.
Read more →Recruitment for trades, technical and office rolesFor businesses hiring trades, engineers, supervisors or office staff. You get a shortlist screened against a brief written by people who understand the work.
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