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Employer not answering my grievance


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hi first of all thank you for taking your time to read this.

 

5 months ago i was invited into a hearing about my grievance for intimidation harassment and discrimination, up till now i have not been given a response. I've asked the person who did the hearing for one still not heard anything I've also spoken to HR and my manager and still no response. what can i do know as this is getting beyond a joke. do i need to write another letter and what would i need to say to get them to answer me.

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Ok accepted. You have 2 options here, perhaps 3. Firstly presuming you followed the correct course of action, by submitting to line manager, you should write to his/her line manager with a copy of it and a covering letter DEMANDING a hearing within 7 days of receipt. Send this by special delivery which will provide you with a name and signature. Should that be successful, raise a further complaint about the grievance policy not being adhered to. Now by law you are out of time to submit a complaint to an employment tribunal(ET1) You have basically 3 months less one day, from the date of the grievance to submit a claim to the ET. Now again, a non unionised workplace make this easy pickings for the employer as they bank on the employee having little or no knowledge of the ET. Whatg i suggest you do is this. Submit a claim on line at http://www.justice.gov.uk/forms/hmcts/employment . There is room at the end for you to request this be heard as it is out of time. You will need to explain in the form why you are applying out of time and obviously you report what you have said on here. Personally I would attempt to issue an ET1 regardlessly as when the court send the acknowledgment to your employer it will cause a lot of concern. Finally you should contact ACAS and ask them to intervene on your behalf. If I can be of any further help please ask.

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Thank you for your time you have been really helpful, i have followed everything stated in there grievance policy, I turned up to the hearing with my work mate as a witness explained the reasons for the grievance and was informed by the assistant manger that she would inform me in writing the outcome, I cannot see where i have gone wrong except not seeking advice earlier. but i thought they were going to deal with it and didn't want to come across as being awkward or argumentative.

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No probs. Discrimination is unlawful and employers face huge fines for overlooking it. Given the severity of any outcome, they should have invited you in to discuss the outcome.

Write to the director/Chairman, demanding he intervene and deliver the outcome. But also let them know you are considering applying out of time to the Employment tribunal. Watch them fast track the outcome!

best of luck.

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One trick that used to do me well was to respond in writing to the initial grievance stating that their failure to respond was now considered a failure to agree and therefore you expected it to be moved to the next stage (if you have stages) it either went up or the response then came within a couple of days

 

You may well be ignored again and without more details it's hard to say more, e.g. the harassment and discrimination continues and is covered under the equality act as the complaint can then be on the latest event but this is a highly technical field to navigate to say the least

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An alternative is to send them a "statutory questionnaire" regarding their disability policy and raise the points about the grievance policy as one of the questions. You are obliged to send a notice to the Equalities Commission that you have raised this but you dont have to tell them what the questions are. I can tell you the exact wording you need to use if you wish. Note on the SQ given to your employer that you have sent notification to the EC.

They will have a fixed time to respond and if they dont it will count against them in any legal action.

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