Company Has No Grievance Procedure...

[mt2006]

Help

 

I have a contract, issued months after starting, stating that the company does not operate a grievance procedure. I have been dismissed and have a whistle blowing case which I will bring but want to ensure I follow correct process for taking to tribuneral.

 

I am going to write to the Managing Director, who dismissed me, and state my grievance but want to ensure that the content of the letter is appropriate and that I follow the correct process, I would value any comments on letter content below and process to ensure compliance with ACAS process for grievance even if company doesn't wish to or won't follow it;

 

Proposed Letter

 

I am writing to tell you that I wish to raise a grievance.

 

This action is being considered with regard to the following circumstances:

• Dismissal as a result of raising personally with xxxx, the fact that the business was operating and delivering service to large public sector clients using an illegal software suite worth £50k if purchased legally.

• Discrimination based upon my faith and my unwillingness to create untruthful and unsubstantial arguments in the matter of contractors charges and contract commitments.

• Misrepresentation by xxxx during employment, enticement and engagement process and change of employment terms

• Unreasonable behaviour by XXXX & XXXXX

• Enforcement of an employment contract for forced signature which was neither complete, accurate or legally correct.

• The recovery of personal property & expenses from xCompany – specifically .... about £80 worth

• Weeks after having been asked to leave the site to have been threatened with gross misconduct and accused of theft

 

I am entitled to a hearing to discuss and attempt to resolve this matter; also I am entitled, if I wish, to be accompanied by another work colleague or representative of my choosing.

 

Please reply within 14 days of the date of this letter.

 

Yours sincerely

 

xxxxxxxxx

Thanks for any informed comments on letter appropriateness/content & process but I need to get this sent soon.

[Zamzara]

If the company does not have a procedure then the statutory procedure applies.

 

There are actually two different procedures: the disciplinary procedure which is employer initiated, and the grievance procedure which is employee initiated.

 

This means that regarding the dismissal, you can't raise a grievance (as the employer-initiated procedure is already in action) but can appeal the decision. For the other issues you should raise a grievance.

 

The only real change you need to make is to change "I wish to raise a grievance" to "I wish to raise a grievance, or appeal, where applicable".

[monkeychicken]

Also please remember you only have three months (less one day) to submit ET1, which can be done online. This time limit is extended by a further three months less 1 day if you submit a statutory grievance. If you do submit a grievance, your ET1 cannot be submitted for 28 days after your grievance.

 

If you submit your ET1 early, then you will simply be told to resubmit it later, so no harm done. If you submit it late, then your whole case may be dismissed for being out of time. I know what I would prefer.

 

Get advice from CAB, or your union, or get an employment lawyer. Also good employment law links on LAG website. Good book by Naomi Cunningham and Michael Reed entitled "Employment Law: Tactics and Precedents"

[knowlegeispower]

I would start the letter something along lines of

 

Following on from (DATE) where I was dismissed for (XYZ)

 

I wish to formally appeal this decision and raise a stage 1 grievance

 

Take out the bit about it is your right to be represented

 

If it is your intention to take a tribunal claim and the company have not followed statutory procedures, your claim has the potential to be uplifted by up to 50%

 

Do not give them anything at this stage - just outline it is your itention to appeal, details as per your letter

 

Let them respond back to you about right of appeal - they will probably say "we do not have a policy in place therefore you have no right" - in which case you are laughing all the way to the bank

 

Once you put your grievance in your time for taking a claim is extended to 6 months and 1 day from the date of dismissal - keep a tight eye on this deadline and even if your grievance is ongoing - put your claim on in time with a covering letter

 

If you want a more detailed response I would need specifics

 

drop me a line

ccpconsultancy@yahoo.co.uk