Grievance

[Inertia Creeps]

Hi there

Can an employer refuse to investigate a grievance on any grounds?

[obiter dictum]

No as it is part of the ACAS code of practice and minimum standards an employer has to follow

 

It is a necessary requirement if the complaint is then taken to an Employment Tribunal

 

A sort of Pre Action Protocol

[Inertia Creeps]

Thank you obiter dictum.

Is there a timescale on which you must lodge a grievance? My employer believes that there is. I have never heard of such of thing and am doubtful but need to clarify this.

[obiter dictum]

No timescale as such, only in a reasonable time.

 

The grievance could be on bullying as an example, that develops over a protracted period before the victim decides to take action.

 

Unlawful deduction of wages has to be done within three months to enable it to go to an Employment Tribunal or timed barred

 

Can you give me an idea as to the nature of the grievance and i can be better to advise then

 

My experience is 20 years as a Trade Union Rep

Edited September 27, 2015 by obiter dictum

[Inertia Creeps]

It is quite a long story. and to be honest, I am scared of posting specifics incase my employer is watching. I understand that this sounds crazy but thank you for taking the time to reply.

I am headed for ET put it that way.

[obiter dictum]

You must submit the grievance to your employer

 

I would send it by email myself direct to the department head or direct to HR if that is not possible

 

Any Tribunal will need to be shown that you tried every avenue to debate the grievance with your employer prior to regulatory action.

 

Even if the employer dismisses your grievance, you have a paper trail to show you submitted it.

 

You then have three months less one day to submit a claim to the Tribunal service. ACAS can hold the time scales by a month though

[Inertia Creeps]

That is great. I will start the ball rolling tomorrow.

 

Do I need to get a solicitor to do it?

 

I did look to see if I could send you a pm but you can't do that on here, however you have been most helpful.

[obiter dictum]

Best things kept in the open

 

I would contact Acas for advice to begin with on the phone. Its free

 

Most of the time they are as much use as a Chocolate Teapot but they do get it right sometimes

 

Come back with what advice they give as it can be hit and miss

[Inertia Creeps]

Fair enough, due to what I've gone through and how long it has been going on I think you would understand why I can't discuss it on here as I work for a large well known company and my complaint is quite unusual and specific and it would be obvious that it's me.

[obiter dictum]

Can you give one word hint such as:

 

Managerial Bullying

Equality issues such as race, religion, age gender, sex

Protected disclosure

etc,etc

 

Get the idea?

 

You mention a large company, do you have trade union representation?

[Inertia Creeps]

Data protection breach of medical files consistently and managerial bullying when confronted.

Breach still going on despite being forced to move department because of it and because my ex manager has denied it, her manager will not entertain my grievance because she said she didn't do it.

I have proof, lots of it.

 

I've had to join another Trade Union because the one i've been in have been dealing with too many cases where people are being sacked because I am not about to lose my job they don't see it as urgent as other cases.

[Emmzzi]

they can of course investigate it very quickly and dismiss it. Which may feel the same as no investigation....

[becky2585]

Yes, they can reasonably refuse to hear a grievance if it's vexatious, has been heard before, or falls within another policy, such as a complaint about a disciplinary procedure if the appeal is outstanding.

 

They could also refuse it it isn't a complaint about a statutory right if the employee has under two years service. The ACAS Code still theoretically applies but as there's no remedy available the employer could just not bother hearing it!

 

If none of these apply then they need to hear it.