2. Raising a Grievance

Discussion in 'Finance, Property, Law' started by dirty_monkey, Oct 15, 2008.

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  1. Well I have been asked by Judge to assist him in his mission to help you all through the minefield that is employment law.

    I will start by explaining the Statutory Grievance Procedure and will explain on a new thread the Disciplinary Procedure as both are very in depth and different from each other.

    I work in a law firm and everyday I deal with people’s queries regarding all aspects of employment law and contract law. What I have explained below is a general guide, you must remember that each situation is different and procedures change depending on the individual circumstances of each case, so please feel free to pm me if you want a bit of guidance but don’t want to put it all over the web.

    Statutory Grievance Procedure

    In it’s essence this a letter of compliant, that you send to your employer, to make them aware that you are experiencing problems at work. If, for example, you are having problems with a work colleague, you have not been paid on time, or not paid at all, you should raise a formal written grievance.

    Your employer will then deal with this under their own grievance procedure which you will find in your works handbook or even in your contract, there may even be an office manual which you will be allowed access to, but it is no doubt sat gathering dust in some remote corner of the office. If your employer does not have their own procedures in place, then the statutory grievance procedure applies.

    Under the Statutory Grievance Procedure, your employer has to reply to your grievance within 28 days of receiving it. You should keep a signed and dated copy of the grievance and preferably send it to your employer and/or HR department by recorded delivery so you know for certain that they have received it. Your employer should invite you to a meeting to discuss the problem, they should then thoroughly investigate your complaint and hopefully the problem will be resolved to the satisfaction of both employee and employer.

    If you are not satisfied with the outcome of the grievance, or the way that it is has been handled, then you are entitled to bring a claim in the Employment Tribunal, however, proceedings must be issued within 3 months, less one day, from the date that the problem arose.

    If you are having problems at work, and they become so unbearable that you want to leave, it is very important to raise a grievance. If your original grievance has not been dealt with then you must raise a further grievance stating their failure to comply with their own procedure or the statutory procedure.

    If you are trying to claim Constructive Dismissal, you must prove that resigning was the last, and only option available to you. However, if you have failed to raise a grievance with regard to the problems that you have faced, it will be unlikely that you will be successful in bringing a claim for Constructive Dismissal.

    If you have been dismissed and are not happy with how you were dismissed or you have not been paid etc then you are entitled to raise a grievance. Your employers will have to deal with grievance, even though you are no longer an employee. It is likely that your employers will then deal with your grievance under the Modified Grievance Procedure. However, both parties have to agree to this.

    The MGP is basically the same procedure as above, but the grievance can be dealt with by written correspondence, without the former employee having to see their former employer. This is particularly good where communications have broken day and the employee left on a bad note, also if an employee is feeling threatened or feels that they may be subject to physical violence etc then this is an ideal way of dealing with a grievance.

    Please remember that each case differs and if in doubt you should seek independant legal advice.
  2. Service personnel who feel they have been 'wronged' and wish to submit a grievance should, in the first instance, follow the guidance laid out in JSP 831, which has superseded the Army AGAI 70 (Redress of Grievance procedure).

    It can be found via the Defence Intranet.
  3. Hi DM,

    If you're reading this, I've been trying to PM you, but my messages just get stuck in the outbox (the last one was there for 3 days, and one I sent this morning is still there.... : (

    I'm receiving your PMs ok...maybe there's a way round this?
  4. msr

    msr LE

    It will move to the sent box when he reads it.

  5. thanks msr
  6. For anyone without immediate access to the Defence Intranet, JSP 831 and related documents can also be found in the Corporate Publications/Legal Publications section of the MOD public website. Current edition is Issue 2.0 dated 1 Dec 2008.
  7. It may be obvious, but might be worth mentioning, that, prior to writing to ones employer, to instigate a grievance (as explained in the quote below), one should first go through ones usual procedure. For example, if one had not been paid, one should do the usual things, such as speak to ones manager, speak to payroll, maybe speak to a senior manager, contact ones union rep, refuse to make the tea, go on hunger-strike, stage a dirty protest, etc etc. If the usual, informal requests have been obstructed, then a grievance might be appropriate.

    I recall that grievances were sometimes brought when changes to working practices were made and that, throughout the grievance hearing, the status quo remained.

    Edit: My recollection is that employers have their own agreed Grievance Procedures of which the employee should be made aware?
  8. As a ..... ?
  9. What happens if because of the current economic and job market, you can't afford to leave your employment, nor is the issue resolved to both parties satisfaction?
  10. It is striking me that this topic/thread is of little use on a hypothetical basis. :? The "start point" has to be the employee with the problem, surely?
  11. I do apologise, Bossyboots. I didn't make myself clear. And I'm still not sure I can explain what I mean.

    It was your question about not being able to leave your employment that triggered my glib remark. My thoughts were that, without knowing the details, there could be no constructive dialogue on the thread.

    And I suppose I was thinking that an employee would really need to consult someone, such as their Trade Union Rep, prior to instigating the company's agreed Grievance Procedure.

    Edit: I have found ACAS to be easily accessible on the phone, and very helpful, but recall they need to speak with the actual employee involved.