Grievance appeal ignored

[Daisy1234]

Hello,

 

I do not want to go into detailed specifics but could do with some advice. Please can someone help on the following:

 

I raised a grievance basically along the lines of being treated unfairly by management. I was interviewed by the management with a HR rep present. It then took five months to get a response. The response was (in my opinion) unbelievably flawed and only selective truths were investigated and the main bulk of my grievance ignored. I am aware of the three month rule to go to Employment Tribunal, so my first question is:

 

1. If my employer has not kept to stipulated times within the companies grievance policy does the 3 month rule still count?

 

I appealed (in writing within the 10 days stipulated time to appeal) for the reasons above adding that I believe the management team of my department should not have investigated my grievance and that the investigation did not look into my main points raised. I then attended another meeting with the next highest manager and the manager of HR. They seemed to listen and respected my opinions and told me a response should be with me within 2-4 weeks. It is now another 6 months down the line and after numerous attempts to gain a response I have been completely ignored. I have requested they call me to discuss why there has been no action, it was ignored. I have sent at least four e-mails to both attendees of the interview with no response. My second questions are:

 

2. Where do I stand with regards to next steps or have I completely missed the boat by allowing these people to drag their heels for so long?

 

3. Do I have to leave the company if I were to take this matter to an Employment Tribunal?

 

Any help or advice, good or bad, would be much appreciated. I must stress I do not want to leave the company I just want this matter rectified and taken seriously.

 

Thanks in advance

[becky2585]

Hello

 

What claim are you proposing to bring in the Tribunal?

[Daisy1234]

Hello and thanks for your response.

 

In short and please advise if you think a wrongdoing has not occurred. X amount of people join on a certain day, all complete training by a certain day, all promised verbally a promotion after 6 month probationary period. One person receives promotion, others told to wait as the manager does not have time to process paperwork but back pay will be given.

 

Company then denies all knowledge of back pay existing even though others have received it and promotion received 3 months later. Costing me and others thousands.

 

I'm not sure if this falls under, equal pay, equality or just hard luck (not in contract) .

 

To be honest I am now more annoyed at the actual ignorance of the whole grievance procedure.

 

I have mentioned ET because I have heard it chucked around a lot and if you think this is not yet the way forward could you please recommend another course of action?

 

Thanks again

[Emmzzi]

I can't see any illegal discrimination so it just tough I am afraid.

[becky2585]

You could try resigning and claiming constructive dismissal over a breach of trust and confidence, but they are difficult claims to win.

 

If the less favourable treatment is on the grounds of a protected characteristic, ie sex, race, age, marital status, sexual orientation, religious belief or pregnancy/maternity, that could be discrimination.

 

For the latter claim, it's three months minus a day from the last alleged act of discrimination and you can claim whilst still employed.