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Wrongful disciplinary actions fall under workplace disputes where an employer’s formal sanction against an employee—such as suspension, demotion or termination—lacks fair process or breaches discrimination or equality protections. A solicitor in this area handles the client’s claim that the disciplinary measure was unfair, discriminatory, or procedurally defective. They draft the grievance, review the disciplinary procedure, gather evidence, prepare statements, and represent the client in ACAS conciliation and in an Employment Tribunal to challenge the sanction and seek remedies.
Disciplinary decisions often hinge on procedural fairness, evidence of misconduct, and the application of discrimination law. A solicitor investigates the process, identifies procedural failures, reviews witness statements, drafts grounds of claim, prepares bundles, and represents the client at hearings and in tribunal proceedings. They also advise on potential remedies, such as reinstatement, compensation, or re-running the process where appropriate.
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