Modified grievance procedure?

[silver_griffin]

I while ago I was "let go" from my job at the end of my 3 month probationary period. I later wrote to my ex employers stating a formal grievance about a few things that had happened during my employment and also that I wanted to be paid the commission they are due me. They have written back this week asking if I want to meet with them or follow the modified grievance procedure where they will respond in writing without a meeting.

 

I would appreciate if anyone could give me any advice on this matter. I could really do with my commission money and I dont know if following the modified procedure would affect my chances of receiving this money. I would rather not meet with them as my manager really intimidated me when I worked there.

 

Any advice greatly appreciated.

 

Teresa

[Sidewinder]

Standard textbook answer. Where you are still working for the company they must (in line with the ACAS code) follow a standard grievance procedure (Grievance Raised - Meeting Held and Decision Made - Right of Appeal). If however you have left the company, only a modified procedure need be used (Grievance Raised - Decision Made and Written Response).

 

Your employer is offering you the opportunity to meet under the standard procedure and therefore in the event of any later Tribunal involvement this will serve to demonstrate that they acted reasonably, going beyond what the Code says that they have to do. It sounds to me that the decision will be the same regardless, but they want to be seen to be acting fairly and with due regard to your concerns.

 

The advantage of taking up their offer of a meeting is that you would still be entitled to be accompanied and have a right of appeal. You would also be able to respond to any points raised and present more information than would be possible in a letter. Again, if the grievances were not correctly dealt with, and in the event of ET involvement you could then argue that your legitimate concerns were dismissed without due consideration.

 

It is a case of how far you are prepared to take this. You are alleging a breach of contract in non-payment of commission, so naturally there is a substantial amount at stake. Intimidated or otherwise, I would personally opt for a meeting and make sure that I went armed with sufficient proof of their breach to make a compelling case.

[silver_griffin]

Thanks for your advice sidewinder. Would I be able to insist that the manager that I had the issues with not be present at the meeting? I couldnt face him again. Is this best done through my solicitor or is it something that I would be able to deal with on my own?

 

Kind regards,

 

Teresa

[Sidewinder]

You can request anything which you feel is relevant to your case, especially if you cited the manager's actions as a part of your grievance. This request can be made by yourself, but if you have already engaged a solicitor it may be wise to consult with him first. Protocol and procedure dictate that if your line manager has already been involved, or if he was a part of the grievance, then the case should be heard by a neutral manager, usually his immediate superior.

 

If you are responding by letter and requesting a meeting, you should state that you wish for the manager to not be present and why. If they object to this then they should do so in writing when confirming a suitable date and time for you to attend.

[silver_griffin]

Thats great thanks Sidewinder, I'll request a meeting without his presence and see how it goes from there. I will update at a later date.

 

Many thanks,

 

Teresa