Grievance Structure / What to do

[maddogmoon]

I am looking at putting in a grievance at my current workplace. I am off at the moment, which has been a build-up of some 6 months of issues/being managed out. This has led me to obtain free legal advice, which has advised I have a case. I would like to leave with a settlement agreement as my ideal scenario. Is putting in a grievance the right thing to start the process, I understand that if I take this route the most likely pathway is me leaving the business either way. I was also advised to put a SAR in, as the solicitor advised the likelihood is that I would have been talked about, and as they have been reading my emails since literally day 2 of me being off (which is an extremely weird thing to do)!

[ULA]

I would suggest if you have taken legal advice from an employment lawyer then you should follow their advice. Put in an SAR but be very clear about what you want that to cover, although an SAR will not detail who has been reading your emails.

You may want to consider ensuring it covers:

* All notes, whether in handwritten, paper or digital form, mentioning or relating to you, which have been made or received by any members of your employer’s staff concerning meetings at which you have been mentioned.
* Any emails or other correspondence, whether in handwritten, paper or digital form, mentioning or relating to you, but not received directly by you, sent or received by any members of your employer’s staff.
* Any other documentation, including but not limited to HR case notes, whether in handwritten, paper or digital form, held by your employer that mention or are in any way connected to you.

[maddogmoon]

I would suggest if you have taken legal advice from an employment lawyer then you should follow their advice. Put in an SAR but be very clear about what you want that to cover, although an SAR will not detail who has been reading your emails.

You may want to consider ensuring it covers:

* All notes, whether in handwritten, paper or digital form, mentioning or relating to you, which have been made or received by any members of your employer’s staff concerning meetings at which you have been mentioned.
* Any emails or other correspondence, whether in handwritten, paper or digital form, mentioning or relating to you, but not received directly by you, sent or received by any members of your employer’s staff.
* Any other documentation, including but not limited to HR case notes, whether in handwritten, paper or digital form, held by your employer that mention or are in any way connected to you.

If I don't want to go down that route, is a protected conversation better? I do feel there is potential for obtaining a settlement to leave but I am unsure if this is the best possible path. I have just used free legal service before actually paying a solicitor.

[ULA]

Before you ask your employer for a protected conversation it would be better for you to set out in writing what your concerns are and a way to do that is via a grievance.

Once you have formally submitted your concerns then you will probably want to put a ‘without prejudice’ offer forward to your employer as a possible alternative to a protected conversation .