The employer must then decide whether to pause the disciplinary process, allow both processes to continue separately or address the grievance before any disciplinary decision is made.

There is no single approach that will be appropriate in every case. Employers must consider the nature of the grievance, whether it is connected to the disciplinary matter and whether it could affect the fairness or outcome of the process.

Does Raising a Grievance Mean the Disciplinary Process Must Stop? 

A grievance does not automatically mean that the disciplinary process must stop. However, it should be acknowledged and considered before the deciding how to proceed.

Employers should first review their disciplinary and grievance procedures, together with any other policy that may apply. Although an employee may describe their complaint as a grievance, the concerns raised could involve bullying, harassment, discrimination, a protected disclosure or another matter requiring a different process.

Employers should establish exactly what is being raised and consider:

• Is the grievance connected to the disciplinary allegations?  
  
• Does it challenge any of the evidence?  
  
• Does it raise concerns about the fairness of the process?  
  
• Does it concern the conduct or impartiality of anyone involved?  
  
• Could its outcome affect the disciplinary decision?

If the answer to any of these questions is yes, the employer should consider whether continuing immediately could compromise the fairness of the disciplinary process.

When Should the Disciplinary Process Be Paused? 

Pausing may be appropriate where the grievance could directly affect the fairness or outcome of the disciplinary process. For example, an employee may challenge how evidence was obtained, allege that the investigation is biased or submit a grievance concerning the manager responsible for making the disciplinary decision.

Continuing without considering these concerns could create a perception that the outcome was predetermined or that the employee was not given a fair opportunity to be heard. A pause does not mean that the disciplinary allegations have been set aside. It allows time to consider the grievance and establish whether any further action is required before the disciplinary process resumes.

Where the grievance is closely connected to the disciplinary allegations, it may be possible to consider the employee’s concerns as part of the disciplinary investigation, provided the scope of the investigation is clear and the employee is given a full opportunity to present their position. This may avoid unnecessary duplication, but employers should ensure that neither issue is overlooked or treated as having been predetermined.

Can Both Processes Continue Separately? 

The grievance and disciplinary processes may be capable of continuing at the same time where the matters are separate and one will not affect the outcome of the other.

For example, an employee may raise a grievance concerning an unrelated working arrangement while being investigated for a separate conduct matter. There may be no requirement to delay the disciplinary process in these circumstances. Employers should be cautious about combining matters simply because they involve the same employee. Each process should be clearly defined, and the employee should understand which allegations or concerns are being considered under each procedure.

Fair Procedures and Impartiality 

The WRC Code of Practice on Grievance and Disciplinary Procedures provides that workplace procedures should comply with the principles of natural justice and fair procedures. This includes ensuring that the employee is informed of the allegations, given an opportunity to respond and allowed appropriate representation.

Where the grievance concerns someone involved in the disciplinary process, consideration should be given to appointing another manager or an independent person. Where the issues overlap, employers should consider whether separate decision-makers are required to preserve actual and perceived impartiality.

Communication and Record-Keeping 

The employee should be informed whether the disciplinary process will be paused or continued and given a clear explanation of what will happen next.

Clear records will help demonstrate that the grievance was properly considered and that the employer acted fairly.

Common Mistakes to Avoid 

Employers should not assume that a grievance is simply an attempt to delay the disciplinary process because of when it was raised. Its timing may be relevant, but its substance must still be considered.

Equally, raising a grievance should not automatically prevent an employer from addressing a legitimate conduct concern. Employers should assess the connection between the two matters and decide what is required to preserve the fairness of both processes.

When a grievance is raised during a disciplinary process, employers should not automatically pause or automatically proceed. They should review their procedures, understand the concerns raised and assess whether the grievance could affect the evidence, fairness or outcome of the disciplinary matter.

A considered and clearly documented decision will help protect the integrity of both processes and ensure that everyone involved has a fair opportunity to be heard.