This week, Esther Smith, partner at Thomas Eggar, and Martin Brewer, partner and employment law specialist at Mills & Reeve, advise on what to do if a manager is being implicated by other employees during the course of disciplinary proceedings.

The question:

A highly professional manager has been informed by a team member, who was being disciplined, that a colleague (of the manager’s) who was hearing/leading the disciplinary meeting had implied that the manager was involved.

The individual being disciplined also informed the manager that an employee representative had also tried to implicate the manager in an adjournment, which will not be in the meeting notes.

The manager concerned has raised their concern to their senior management team. In this situation, the manager has not been involved.

What is the legal position of the manager? What options are available to the manager?

Legal advice:

Esther Smith, partner, Thomas Eggar

I am afraid that I am quite confused by your question, so hope the answer does actually address what you were asking! It appears that one or more employees are trying to implicate the manager either in the course of disciplinary proceedings or otherwise.

If the manager has done nothing wrong then he/she should not have any concerns but is right to have raised this information with the senior management team. If the manager feels that the actions of the other employees requires further action on his/her part, to protect his/her own position and reputation, then he/she could of course raise a grievance with his/her employer against the other employees.

If it is the case, which is not altogether clear, that the manager is being accused of being involved in the disciplinary matter, then it is for those people hearing the disciplinary case against the other employee to decide whether or not there are grounds to progress disciplinary action against the manager.

If they take this action then the manager will have a full opportunity to make his/her case against the allegations at the disciplinary and will also have the right to appeal against any sanction imposed on him/her.

Esther Smith is a partner in Thomas Eggar’s Employment Law Unit. For further information please visit Thomas Eggar

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Martin Brewer, partner and employment law specialist, Mills and Reeve

The manager may, by raising their concerns with senior managers, have raised a grievance and if not, should do so. He/she needs to put their concerns in writing and ask that it be investigated and actioned. Other than that, he/she has the ability to speak directly to those involved should he/she wish.

Martin can be contacted at: martin.brewer@mills-reeve.com

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