What happens if someone raises a grievance during a disciplinary process and says that they have been treated unfairly? Do you have to investigate the grievance?

Yes.

It is not unusual for someone who is subject to a disciplinary or performance management process, for example, to raise a grievance to say that they have been treated unfairly. You have three options:

• Pause the disciplinary process whilst you investigate the grievance
• Incorporate the grievance investigation into the disciplinary investigation
• Have the grievance investigation and disciplinary investigation running side by side

The approach you take will depend on a number of factors such as; is the aggrieved saying that the disciplinary process itself is unfair which may mean that their grievance needs to be investigated independently? You would have to be mindful of any delay to the disciplinary process if you choose to pause it whilst the grievance is investigated.

Or are they saying that, for example, their manager has treated them unfairly which is why they have behaved as they have, in which case it may be suitable to have a combined investigation and grievance process.

Or is it a more general grievance about how they have been treated which would have no effect on the outcome of any disciplinary process? In which case the processes could be kept separate.