Grievances & Discipline
Facing a Disciplinary, or Raising a Grievance?
What happens inside a grievance or disciplinary process often decides everything that follows - whether you keep your job, and how strong any later claim will be. You have the right to fair procedures: to know the case against you, to see the evidence, to be accompanied, to respond, and to appeal. Employers get this wrong constantly, and those failures matter.
Get advice early if any of the following apply:
- You have been invited to a disciplinary meeting or investigation
- You have been suspended, with or without pay
- You need to raise a grievance and want it taken seriously from the start
- Your grievance was dismissed without proper investigation, and you want to appeal
- You have received a warning or sanction you believe is unfair
The earlier you get advice, the more options you have - what you say and sign during the process cannot be taken back.
How We Help
We advise you behind the scenes at every stage: preparing your grievance so it has to be dealt with properly, getting you ready for disciplinary meetings, reviewing the evidence and correspondence, and drafting your responses and appeals. If the process is unfair or the outcome is wrong, everything is properly on the record - which protects your position if the matter ends up before the WRC.
Grievance & Disciplinary Solicitor Dublin
Expert legal advice on workplace grievance and disciplinary processes under Irish employment law.
Whether you’re an employee facing disciplinary action or an employer managing a workplace complaint, our Dublin-based employment solicitors ensure the process is handled correctly and your rights are protected.
Getting grievance and disciplinary procedures wrong has serious consequences. For employees, a flawed process can form the basis of an unfair dismissal or constructive dismissal claim.
For employers, failing to follow fair procedures can turn a straightforward disciplinary matter into a costly WRC hearing.
Our Process
1. Understand the Process
We clarify whether the matter is a grievance, a disciplinary issue, or both, and advise on the correct procedure to follow from the outset. Getting this distinction right at the start is critical.
2. Ensure Fair Procedures
The Constitution guarantees the right to fair procedures. We ensure the process meets the required standard, including the right to be informed of allegations, to see the evidence, to respond, and to appeal.
3. Guide You Through the Investigation
Whether you’re the subject of an investigation or the employer conducting one, we advise on terms of reference, independence of the investigator, witness interviews, and the written report.
4. Represent You at the Hearing
If the matter escalates to a formal disciplinary hearing or a WRC complaint, we represent you throughout, ensuring your case is properly prepared and presented.
Evaluate & Improvement
Grievance procedures apply when an employee has a complaint they want their employer to investigate or resolve.
Disciplinary procedures govern the steps an employer takes when an allegation of wrongdoing is made against an employee. Both typically progress from informal to formal stages, with an initial attempt to resolve the matter informally before escalating to a formal process if necessary.
A workplace investigation should establish the facts, allow all parties to be heard, and produce a written report with findings that relate specifically to the terms of reference.
It is essential to distinguish between an investigation, which arrives at findings of fact, and a disciplinary hearing, which may result in sanctions up to and including dismissal.
Conflating the two can fatally undermine the process.
GRIEVANCE PROCESS
For employees with a workplace complaint. The employer must have procedures in place, and the employee must invoke them before relying on the grievance in any proceedings.
DISCIPLINARY PROCESS
For employers dealing with allegations of wrongdoing. Fair procedures must be followed at every stage, from investigation through to any sanction imposed.
FAIR PROCEDURES
The right to know the allegations, see the evidence, cross-examine, give rebutting evidence, and address the decision-maker in your own defence.
Frequently Asked Questions
Grievance or Disciplinary?
- Grievance – employee brings a complaint to the employer’s attention
- Disciplinary – employer investigates an allegation of wrongdoing against an employee
- Both must follow established workplace policies and procedures
- Failure to have procedures in place exposes the employer to significant risk
Informal and Formal Stages
- Most procedures begin with an informal attempt to resolve the matter
- If informal resolution is inappropriate or refused, the formal process is activated
- Each stage should be documented and communicated clearly
- Employees should engage with the process fully before considering external claims
The Investigation Process
- An independent investigator should be appointed where possible
- All parties must be met and allowed representation by a colleague or representative
- A written report must be produced with findings relating to the terms of reference
- An investigation finds facts, it is not a disciplinary hearing and should not impose sanctions
Your Rights and Options
- Constitutional right to fair procedures applies to all workplace processes
- Right to see the evidence, cross-examine, and respond before any decision is made
- If internal procedures fail to resolve the matter, a WRC complaint can be brought
- Expert legal representation ensures the process is followed correctly from the start
Do You Have a Case?
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Straight answers, in three steps
Most people have never needed a solicitor before. Here is exactly what happens when you contact us.
Tell Us What Happened
Send the form or call us. We listen, ask the right questions, and give you a straight answer on whether you have a case worth pursuing.
Agree The Plan Of Action
We set out exactly how your case will run and what to expect at each stage, all agreed in writing before anything begins. WRC claims usually must be lodged within six months, so we move quickly.
We Pursue Your Claim
Negotiation first, then the WRC, Labour Court or civil courts if needed. Most of our clients settle without ever facing a hearing.