Beyond the merits of the case, employees succeed at tribunal where they can show that procedures have not been followed properly. One of the most fundamental errors that most employers make in both disciplinary and grievance procedures is not undertaking a thorough investigation, which is a statutory obligation and cherry picking information they would prefer to use, which can prove costly at a tribunal.

Employers have to ensure they follow a fair, consistent and transparent process during all of their disciplinary and grievance procedures. Statutory obligations must be fulfilled but so must any provisions contained in the Staff Handbook and/or contract of employment.