HR & Workforce · Best Practice · Construction

Grievance and Disciplinary Record

A record of grievance and disciplinary proceedings.

Last reviewed: 29 March 2026 — This guide reflects UK law as of this date. Employment Rights Act 1996 remains current with no amendments enacted as of 29 March 2026. Next scheduled review: 29 March 2027.

Legal basis	Employment Rights Act 1996 (ERA 1996) + ACAS Code of Practice on Disciplinary and Grievance Procedures (2015)
ACAS Code uplift	Failure to follow the ACAS Code of Practice can result in an employment tribunal increasing compensation by up to 25%
Unfair dismissal protection	Currently applies after 2 years' continuous service under ERA 1996 — the Employment Rights Bill 2024 proposes extending unfair dismissal protection to Day 1 of employment
ACAS steps	Investigate → inform employee in writing → hold a hearing → allow a companion → issue a written decision → offer a right of appeal

1. Grievance and Disciplinary Records

Grievance and disciplinary records are the documentary evidence that an employer has treated its workforce fairly and followed a lawful procedure when dealing with workplace complaints and conduct issues. In the construction sector, where the workforce is often a mix of directly employed operatives, agency workers, and subcontracted labour, maintaining clear and complete records of every grievance raised and every disciplinary action taken is essential to demonstrate compliance with employment law and to defend against claims at an employment tribunal.

The Employment Rights Act 1996 provides the statutory framework for unfair dismissal claims. Currently, an employee must have at least two years' continuous service to bring an ordinary unfair dismissal claim, although the Employment Rights Bill 2024 proposes removing this qualifying period entirely and extending protection from Day 1 of employment. Regardless of qualifying service, certain dismissals — such as those related to whistleblowing, health and safety activities, or pregnancy — are automatically unfair from Day 1.

The ACAS Code of Practice on Disciplinary and Grievance Procedures (2015) sets out the minimum steps that a reasonable employer should follow. Although the Code is not itself law, employment tribunals are required to take it into account when considering relevant cases. The ACAS procedure requires the employer to carry out a reasonable investigation, inform the employee in writing of the allegations or complaint, hold a formal hearing at which the employee may be accompanied by a trade union representative or workplace colleague, issue a written decision with reasons, and offer a right of appeal to a more senior manager or director.

ACAS Code uplift: up to 25% increase in tribunal compensation

Where an employer unreasonably fails to follow the ACAS Code of Practice, an employment tribunal has the power to increase any award of compensation by up to 25%. This means that even if the substantive decision to dismiss was within the range of reasonable responses, a procedural failure — such as not holding a hearing, not allowing a companion, or not offering an appeal — can result in a significant financial penalty. The records you keep are the evidence that the procedure was followed.

2. Key Documentation

The following documents should be created and retained at each stage of the grievance or disciplinary process. Each document forms part of the evidential record and should be stored securely in the employee's personnel file.

Document	Purpose and content
Investigation report	A written record of the investigation carried out before any formal action is taken. Should include the allegation or complaint, the evidence gathered (witness statements, CCTV footage, documentary evidence), the investigator's findings, and a recommendation on whether the matter should proceed to a formal hearing. The investigation must be carried out by someone who is not the decision-maker at the hearing.
Invitation letter	A written letter to the employee setting out the allegation or grievance in sufficient detail for them to understand the case they have to answer, enclosing copies of relevant evidence, confirming the date, time, and location of the hearing, and informing them of their right to be accompanied by a trade union representative or workplace colleague.
Hearing notes	A contemporaneous record of the formal hearing, including who was present, the questions asked, the employee's responses, any evidence presented, and any submissions made by the employee or their companion. Notes should be taken by a separate note-taker, not the chair of the hearing.
Decision letter	A written letter setting out the decision reached after the hearing, the reasons for the decision, any sanction imposed (written warning, final written warning, dismissal), the duration of any warning, and the right of appeal. The letter must be sent without unreasonable delay after the hearing.
Right of appeal	The decision letter must inform the employee of their right to appeal the decision. The appeal should be heard by a more senior manager or director who was not involved in the original decision. The employee should be told how to exercise the right of appeal and the time limit for doing so.
Appeal record	A written record of the appeal hearing (if an appeal is lodged), including the grounds of appeal, the evidence considered, the outcome, and confirmation that the appeal decision is final. The appeal should be a genuine rehearing of the case, not a rubber-stamping of the original decision.

3. Common Mistakes

Dismissing without carrying out a reasonable investigation

One of the most common reasons for a dismissal to be found unfair is the employer's failure to carry out a reasonable investigation before taking disciplinary action. The ACAS Code is clear: the employer must establish the facts of the case before any formal hearing takes place. This means interviewing witnesses, reviewing relevant documentation or CCTV footage, and gathering any other evidence that is reasonably available. A decision to dismiss that is based solely on an allegation, without any investigation into whether the allegation is substantiated, will almost certainly be found to be procedurally unfair by a tribunal. The investigation does not need to be perfect, but it must be reasonable in the circumstances.

Not allowing the employee to be accompanied at the hearing

Under section 10 of the Employment Relations Act 1999, every worker has the statutory right to be accompanied at a disciplinary or grievance hearing by a trade union representative or a fellow worker. The companion is entitled to address the hearing, put the worker's case, sum up, respond on the worker's behalf to any views expressed at the hearing, and confer with the worker during the hearing. The companion may not, however, answer questions on the worker's behalf. Refusing to allow a companion, or proceeding with the hearing when the companion is not available on the proposed date, is a breach of the statutory right and will undermine the fairness of the procedure.

4. Frequently Asked Questions

What is gross misconduct and can the employer dismiss immediately?▾

Gross misconduct is conduct so serious that it fundamentally breaches the contract of employment and destroys the relationship of trust and confidence between employer and employee. Common examples in construction include theft, fraud, serious health and safety breaches (such as removing safety guards, working under the influence of drugs or alcohol, or deliberately endangering colleagues), violence, and serious insubordination. Where gross misconduct is established after a fair investigation and hearing, the employer may dismiss the employee without notice — this is known as summary dismissal. However, "immediately" does not mean "without procedure." The employer must still follow the ACAS Code: investigate, invite the employee to a hearing in writing, hold the hearing, allow a companion, issue a written decision, and offer a right of appeal. The difference is that, if gross misconduct is proven, the employee is not entitled to their notice period or pay in lieu of notice. Dismissing without following a fair procedure, even for gross misconduct, will likely result in a finding of unfair dismissal at tribunal.

Generate your Grievance and Disciplinary Record on Construction Suite

Construction Suite walks you through every required section with a guided Q&A — built to Employment Rights Act 1996 — and generates a professionally formatted document in minutes.

Get started free