grievance procedure

[fredbare]

Hi everyone

If an employer has the old employment act 2002 (dispute resolution) regulations 2004 in force as their internal grievance procedure and still following them, could this help the employee in any employment tribunal if the employee has been following the acas code of conduct.

Would welcome opinions on this please. I am helping with an et1 form.

Many thanks

[oscar]

Re: grievance procedure

Think we would need a bit more information than in your first post. Employment law / regulations can be a bit of a minefield.

Remember there is no such thing as evidence as such, it can all be conducted on the balance of probability.

[MrsD]

Re: grievance procedure

one thing you can't do is just follow the bits of law that suit you, the law changes then your procedures have to change as well

[fredbare]

Re: grievance procedure

Thank you Oscar and Mrs D

I am helping a family member with an et1 form for constructive dismissal. We requested a copy of the companys internal grievance procedure and the paperwork they sent back quotes the 2002 regulations which came into force in 2004. After researching I found they were abolished in 2009 and the acas code of conduct took their place. I dont believe the companys hr dept have updated their procedures to reflect this and are still using the old 3 step system. The complaint has already been through the grievance procedure which was not upheld and is in appeal. Family member has now resigned.

Thanks again

[oscar]

Re: grievance procedure

Just to be clear- what do you mean by the "old three step system"?

[fredbare]

Re: grievance procedure

The standard 3 step system of how grievances should be handled was part of the 2002 regulations

1 the written statement
2 the meeting
3 the appeal

The companys paperwork also states you cannot make an et claim unless you first make a written grievance and waited 28 days. This was also abolished in 2009.

The company are misleading employees.

[oscar]

Re: grievance procedure

The standard 3 step system of how grievances should be handled was part of the 2002 regulations

1 the written statement
2 the meeting
3 the appeal

The companys paperwork also states you cannot make an et claim unless you first make a written grievance and waited 28 days. This was also abolished in 2009.

The company are misleading employees.

Aware of 2 (as a disciplinary meeting) and 3, 1 I was only aware of as an investigative meeting.

Can see them falling foul of the second part. Have you / they spoken directly to ACAS yet?

[fredbare]

Re: grievance procedure

I spoke to acas early on in the grievance but as family member hadnt resigned or been dismissed there was nothing they could do, at same time spoke to cab and they ytold us the same thing, until dismissal or resignation took place nothing to be done. We didnt have the company internal grievance procedure at that time, it was requested later. No investigatory meeting took place. The first meeting was the grievance hearing, company hadnt investigted anything at that time, family member was just asked to confirm his complaints and informed that investigations would take place and he would be told the outcome, when we received their response we asked for a second meeting to discuss it. We were ignored and was told who to contact for an appeal.

This was not a disciplinary it was a grievance brought by family member.

[oscar]

Re: grievance procedure

This was not a disciplinary it was a grievance brought by family member.

AH, sorry, my misunderstanding. Assumed it to be a disciplinary rather than a raised grievance.

[fredbare]

Re: grievance procedure

No worries Oscar, I can be a bit vague and not explain things properly. Always grateful for everyones thoughts and opinions.

Thank you

[fredbare]

Re: grievance procedure

The standard 3 step system of how grievances should be handled was part of the 2002 regulations

1 the written statement
2 the meeting
3 the appeal

The companys paperwork also states you cannot make an et claim unless you first make a written grievance and waited 28 days. This was also abolished in 2009.

The company are misleading employees.

Aware of 2 (as a disciplinary meeting) and 3, 1 I was only aware of as an investigative meeting.

Can see them falling foul of the second part. Have you / they spoken directly to ACAS yet?

I spoke to acas early on in the grievance but as family member hadnt resigned or been dismissed there was nothing they could do, at same time spoke to cab and they ytold us the same thing, until dismissal or resignation took place nothing to be done. We didnt have the company internal grievance procedure at that time, it was requested later. No investigatory meeting took place. The first meeting was the grievance hearing, company hadnt investigted anything at that time, family member was just asked to confirm his complaints and informed that investigations would take place and he would be told the outcome, when we received their response we asked for a second meeting to discuss it. We were ignored and was told who to contact for an appeal.

This was not a disciplinary it was a grievance brought by family member.

Hi Oscar and everyone

I am preparing the statement for the et1 form and wondered if I could say that in my opinion the original grievance hearing was flawed as they were ignoring the acas code of conduct and following outdated regulations. Would this be useful for constructive dismissal. I am unsure of how much information to include on the et1 form, keep it short or put everything in.

All opinions are very welcome and appreciated.

Thank you Fredbare

[tastyjane]

Re: grievance procedure

Fredbare; on ET1 form you need to list the key points and then conclude with what grounds you are applying for compensation (sexual discrimination; unfair dismissal; constructive dismissal etc).

It is a brief overview of the facts - I find it is best to be clear and concise and use a clear timeline, try not to overcomplicate matters so stick to the main issues at this stage.

Hope that helps.

Jane x

[fredbare]

Re: grievance procedure

thank you tastyjane

keep it short and to the point then, no need to list every letter sent and received? there is a lot of correspondence.

Thanks again fredbare

[tastyjane]

Re: grievance procedure

Morning,

I wouldn't, just set out your case factually (tell the story but keep to the point and don't waffle )

Then summarise with why you are claiming, they will have to respond with an ET3 which a copy should be sent to you. You would then put evidence in a "bundle" and submit to tribunal once you have a date. Obviously refer to important correspondence but the ET1 is just to lodge your intent and the reasons why.

Going down the same path with a friend of mine so I will watch this thread with interest (mine has only 11 months service but has been treated appallingly, firstly in an instance of sexual harassment and bullying then compounded by company's handling of the situation, claiming constructive dismissal on these grounds.)

Good luck.

Jane x

[The Tech Clerk]

Re: grievance procedure

Remember in the 1980s got unfairly dismissed, went to Tribunal for Doe money, on opening of the case the Labour representative from doe office offers 50% of any claim before the case got underway, the Chaiman asked if I agreed - No was the answer, the case went on, I won = yes I won! BUT did I? 10 days later a cheque arrived with a letter from the Doe Office = Under section xxx minus £ xxx under section xxx minus xxx and under section xxx minus£xx, I ended with less than a third of entitlement, so how much would I have got out of the £149.64 what I got in the end for 6 months) for 6 months claim if I accepted 50% at the time?

Oh yes I had 28 days to appeal to the a Tribunal (one we just came from) urgghhhh!!!!!

Prior to this the Company ( a Big one on the high street) admitted at the last minute just before a hearing in Bristol that I was Unfairly dismised and they had no case, that was when the doe office tribunal was instigated, hence 6 months of £21 social security only payments per week to me.