Can an employee bring someone to a disciplinary or grievance hearing?

Yes, if they reasonably request it. In Great Britain, section 10 of the Employment Relations Act 1999 gives a worker the right to one companion: a colleague, an official employed by a trade union, or a union representative the union has certified in writing. If the companion cannot make your date, the worker can propose a reasonable time within the five working days after it, and you must postpone to that time. Northern Ireland has the same right under article 12 of the Employment Relations (Northern Ireland) Order 1999.

Can we suspend an employee during a disciplinary investigation?

Yes, where it is a reasonable step, for example to stop evidence being damaged or witnesses being influenced. In Great Britain, paragraph 8 of the Acas Code of Practice on disciplinary and grievance procedures says paid suspension should be as brief as possible, kept under review, and made clear to the employee that it is not a disciplinary action. Acas guidance says to consider alternatives first, such as a change of shift or site. Northern Ireland has its own code, from the Labour Relations Agency.

How long does a written warning last?

As long as your disciplinary procedure sets, and the warning letter should say so. In Great Britain, paragraph 21 of the Acas Code says a first or final written warning should set out the misconduct or poor performance, the improvement required with a timescale, and how long the warning will remain current. After a final warning, the employee should be told what further misconduct within that period could lead to, such as dismissal. In Northern Ireland, the Labour Relations Agency gives 12 months as an example period for written warnings.

What if an employee raises a grievance during a disciplinary?

You can pause the disciplinary to deal with the grievance, and where the two are related it may be appropriate to handle them together. That is paragraph 46 of the Acas Code, which applies in Great Britain. Read the grievance before you decide. A complaint that the investigating manager is biased may mean someone else should hear the case, while a complaint about something else can run alongside it. Anna Chadwick, our HR consultant, can advise on which route fits your case.

Does an employee have the right to appeal a disciplinary outcome?

They should be offered one. In Great Britain, paragraphs 26 to 29 of the Acas Code say an appeal should be heard without unreasonable delay, impartially and, wherever possible, by a manager not previously involved, with the result in writing. Under section 13(4) of the Employment Relations Act 1999, which applies in Great Britain, the right to a companion covers a hearing that could confirm a warning. In Northern Ireland, an appeal meeting is a step in the statutory procedure in Schedule 1 to the Employment (Northern Ireland) Order 2003.

EMPLOYEE RELATIONS

Employee Relations Service from first concern to final resolution

For employers handling grievances, disciplinaries, capability cases or workplace conflict that's moved beyond an informal conversation.

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What We Deliver

What's included in this service

Employee Relations Service covering grievances, disciplinaries, capability procedures, investigations and appeals. Structured process aligned to the ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice, with every document drafted, every meeting guided, and every outcome documented.

Investigate the issue properly

We assess the situation, confirm which process applies - grievance, disciplinary, capability, investigation - and run a structured investigation covering witness interviews, evidence gathering and investigation reports that stand up to scrutiny.

One clear, prioritised resolution plan

A documented process aligned to the ACAS Code - invitation letters, hearing preparation, outcome letters and appeal acknowledgements all drafted for you. Every meeting structured, every decision proportionate, every step on the record.

Prevent the same issue recurring

Policy and handbook review after the case, manager guidance on spotting early warning signs, and tribunal-ready records kept against each decision. Where patterns emerge, we flag the training or policy gap driving them.

HOW WE DELIVER

From first call to delivered

Three steps. Clear ownership. No surprises.

DISCOVERY

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We listen first. Your people, the case in front of you and what's already in place. Then we recommend the right service, not the biggest one.

DELIVERY

An expert does the work

An HR consultant with hands-on experience of cases like yours does the work. Practical, not theoretical. Everything done properly the first time.

OUTCOME

Clear deliverable you can act on

A plan or set of documents with prioritised actions, not a tick-box document. Plus 30 days of email support so you can move on it with confidence.

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Two ways to work with Opus

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Ongoing HR support at a fixed monthly fee. For businesses that want HR off their plate, not on their to-do list.

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HR support across your sector

Builders Merchants

Builders Merchants

Saturday trading and yard staff. Employee relations advice that fits the way a merchant yard works.

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Warehousing & Logistics

Warehousing & Logistics

Peak-season hiring, agency workers and drivers you rarely see in person. Contracts that cover peak-season starters, and disciplinaries that account for staff on the road.

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Manufacturing & Engineering

Shift patterns, agency staff and production schedules. Absence management that fits the rota, and disciplinary processes that work across shifts.

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Garden Centres

Seasonal staffing, weekend rotas and a workforce that runs from experienced horticulturists to Saturday staff. Contracts that flex with the seasons.

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Yard crews, HGV drivers and fabricators across indoor and outdoor sites. Contracts that cover overtime and call-out patterns, and capability cases where fitness for the job matters.

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Childcare & Nurseries

Rotas built around staff ratios, and a team of qualified practitioners and apprentices. Absence cover and conduct cases handled with the ratios in mind.

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