If the grievance, disciplinary or dismissal procedures have not been followed before the case goes to a tribunal, the tribunal will decide whether that is the fault of the employer or you. Our general rule is that if you want to remain in employment, then raise a grievance.
You should be able to find details of your employer's grievance procedure in your Company Handbook, HR or Personnel manual, on your HR intranet site or in your contract of employment. Raising a grievance after the end of the 90-day notice period. However, if the company's policy says nothing about post employment grievances, then it is fair and appropriate for the company to hold the post employment grievance in your absence. Should I raise a grievance? A personal grievance is a type of complaint that an employee may bring against a current or former employer. If you want to leave and negotiate a settlement agreement, then write a without prejudice letter first, and only if that doesn’t result in a decent settlement should you raise a grievance. After the grievance, is heard, your employer should write and inform you about the outcome as soon as is reasonably practicable.
Martin Brewer, is a Partner with the employment team of Mills & Reeve.
They cannot raise a grievance about the fact of dismissal, but the employees can raise a grievance … An employee did not have to follow the grievance procedure their employer had established when submitting a grievance. You should try to follow this, where possible.
An employee may raise a personal grievance after the notice period if the employer agrees. The personal grievance process If the first steps of solving a problem don’t fix the issue, in many instances an employee can raise a personal grievance. How to raise a formal grievance. If the company's grievance procedure says that post employment grievances must be held with the ex employee present, then the company is in breach of procedure.
All employees have a right to raise a grievance in the workplace and for this to be investigated and ideally resolved. What Are my Rights if a Work Colleague Has Raised a Grievance Against me? It may be, however, that further investigations arising from the meeting need to be made, and a further grievance meeting may therefore need to be held following this. If it is you, any money claim to an Employment Tribunal based on a grievance with your employer or former employer (unless your grievance is about dismissal). The employees may raise grievances after the termination of their employment under the statutory grievance procedure. Sometimes however people, often those in managerial positions, find themselves the subject of a malicious or false grievance. For example, if any employee is fired they have 90 days from the end of their employment to raise their grievance.
Your employer should also have a formal procedure for raising a grievance.