Employer has no formal grievance process in place

[Guest]

Hello,

I was wondering if anybody had any suggestions on what the legal implications for a large employer not having a formal grievance procedure in place are?

I work for a 3,000+ employer and it’s grievance procedure is not fit for purpose and it is not agreed with the trade unions.

cheers.

[ULA]

In what way is the grievance not fit for purpose?

[zarathustra]

Hello. I posted the original and I have now registered.

firstly thanks for the reply.

I’ve reread the Union’s email. It says that the formal grievance procedure is not impartial and there are other concerns.

[ULA]

Do you want to raise a grievance.

Is the union recognised by the company and are you a member of the union?
When was this email sent by the union and what prompted it?

[zarathustra]

I’ve raised numerous grievances in the past but they were shambolic.

There are multiple unions recognised by the company. All of them have rejected the grievance process.

[zarathustra]

The email was sent to everyone that was a member of the unions a few months ago. I don’t actually know what prompted it. I took it as an update.

Any thoughts?

[ULA]

If you want to raise a grievance then you need to do it in the way currently set out. Just because the union have rejected the grievance process it does not preclude the ability of staff to raise a grievance. The fall-back position would be for all parties to agree to follow the ACAS Code of Practice for Disciplinary and Grievance

As a union member I would also suggest you contact your local representative and ask what they think you should do on the basis they cannot stop you from raising a grievance if that is the correct course of action for you.

[zarathustra]

I’ve progressed to Tribunal as the outcomes from my original grievance were not kept to. I have a hearing to see whether the claim is in time or not.

I was wondering what the legal position of not having a formal grievance procedure in place was. Any ideas?

[ULA]

Knowing that you have pursued a Tribunal claim would have been useful to know. I presume as a union member they are providing legal support to you for your claim?

I would need to know more about the claim before i provide a further response. What is your claim for? Are you still employed by the company or have you left? What process was followed in dealing with your grievance?

[zarathustra]

I’m representing myself as the union that dealt with the grievance were rubbish. I left and joined a different one but they said that I wasn’t a member at the time It happened so they couldn’t support me.

The wife of my manager was put in charge of the grievance and she screamed at me during the hearing. I had to go into hospital for surgery on a disability related illness. After a long time recovering, the promises they made to me were not delivered and they said that they no longer apply.

I’m currently employed by the same organisation and my claim is for disability discrimination under the equality act.

Many thanks.

[ULA]

Thanks for the further information which is really helpful.

I guess that part of your claim is around the conduct of the grievance procedure. In which case that is what you will need to focus on rather than whether the grievance procedure was accepted or not by the union.

[zarathustra]

Hi, thanks for the reply.

Do you know whether there is case law around an employer not having a formal grievance procedure in place, please?

With regards to the grievance that I entered but was mishandled, the outcomes have not been fulfilled by the employer. Any idea how a Tribunal would view that particular aspect?

Thanks again.