Badly handled grievance procedure

[adambart84]

In my workplace there was a new manager appointed approx 2 years ago and since then there have been a number of staff who are being very poorly treated and clearly picked on. The person who probably had the worst treatment recently went off with work related stress and filed a grievance with HR against the manager, this was followed by a preliminary meeting with the area manager (the person who hired the manager and is very friendly with them), the remainder of the investigation is going to be handled by another of the base managers who again knows our manager personally and is very friendly with them, the final decision is then going to be taken by the area manager.

Anyway my question, is it right that the whole investigation is going to be completed by people who know our manager? should it not be done by a neutral? I am asking because although the investigation is still ongoing it looks very much as if nothing is going to be done other than a sit down between the manager and the person who filed the grievance.

thanks for any responses

[judgemental24]

Re: Badly handled grievance procedure

The stage 1 grievance is normally handled informal by the immediate line manager. If not satisfied you elevate it to a stage two. That is handled by the department head. If you then are not satisfied it is elevated to normally an outside appeals manager to show impartiality.

The reason for this is after a stage three your next step will be an employment tribunal for redress

The time scales are normally i week max for a stage 1 grievance to be acknowledged and a formal response given
Stage 2 is a further 2 weeks
Stage 3 28 days max

Every company will have there own unique disciplinary and grievance procedure so i always default to the ACAS code of practice

[stevemLS]

Re: Badly handled grievance procedure

The stage 1 grievance is normally handled informal by the immediate line manager. If not satisfied you elevate it to a stage two. That is handled by the department head. If you then are not satisfied it is elevated to normally an outside appeals manager to show impartiality.

Presumably you mean external to the Department concerned, I have never known a grievance procedure that brings in external people to hear grievances.

The statutory code of practice does not specify time limits but just that it is done without unreasonable delay. As far as I can see the non-statutory Guide which accompanies the Code (but to which ET's may not have regard) doesn't specify time limits.

[judgemental24]

Re: Badly handled grievance procedure

Yes

external to the department concerned but within the same company

The appeals manager might be at another site as an example, But that is in my example after stage 1 and 2 have been exhausted without settlement

And yes it will be defining what is a reasonable time limit. That will be part of the employees hand book on that individual grievance procedure unique to that individual company.

It has been known for employers to drag out a grievance to time bar any application to the tribunal service

[stevemLS]

Re: Badly handled grievance procedure

Yes

external to the department concerned but within the same company

The appeals manager might be at another site as an example, But that is in my example after stage 1 and 2 have been exhausted without settlement

And yes it will be defining what is a reasonable time limit. That will be part of the employees hand book on that individual grievance procedure unique to that individual company.

It has been known for employers to drag out a grievance to time bar any application to the tribunal service

Agreed.

All the procedures I have ever dealt with come with weasel words, "as soon as possible", "normally within xx days" and so on. To be fair, grievances are many and varied and some do reveal very complex issues that take time to thoroughly investigate.

As I understand it the ET clock doesn't start until the final decision by the employer i.e. when the grievance procedure has been exhausted.

[judgemental24]

Re: Badly handled grievance procedure

The ET clock is still three months less one day

You cannot do an ET without ACAS being involved first. they can put a hold on the clock for a month.

The main point is that a grievance has been submitted prior to any action through the tribunal and the employers own discilinary procedure instigated.

It does not matter if the employer does no settle that agreement the clock still ticks.

If no settlement can be reached then ACAS within that suspension they will simply give you the code for the tribunal and the clock starts ticking again

The grievance procedure canot be exausted first as the tribunal time constraints are on cause of action. Unlawfful deduction of wages as an example

[stevemLS]

Re: Badly handled grievance procedure

[MENTION=70489]judgemental24[/MENTION] You're absolutely right re time limits and I am officially a knob.

In my defence, operates unlike any other jurisdiction I have ever dealt with, Judicial Review etc where clock starts after any internal appeal or review has expired. This is the same in other FTT chambers as well.