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How long should it take to resolve a grievance

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  • How long should it take to resolve a grievance

    This is a continuing saga, I was dismissed from work due to gross misconduct after 38 years service, a point that my colleague and I disputed and took to an ET which we lost. This was despite all of the witnesses providing false/ inaccurate and misleading evidence.
    In the meantime my wife who is also employed by the same employer ( 40 years) was totally unaware of the disciplinary procedure that I was under.
    I had been explicity instructed both in writing and verbally that I was unable to discus the situation with any other member of staff otherwise it would result in further disciplinary action against me. ( at the time my union rep was convinced that the matter being investigated would not result in dismissal )
    My wife in the meantime was experiencing considerable stress in work due to unrealistic targets, new methods and changes being introduced with little or inadequate training. Most of the staff who work in the same area as her had been in tears due to pressures inflicted upon them, this was followed by a period of bullying by her line manager that she had never experienced before and then my dismissal at which stage she became aware of the considerable stress that I had been under, which had resulted in my contemplating suicide.

    My wife continued in work following my dismissal and with the support of her immediate colleagues for which we are both eternally grateful she felt that she was beginning to cope, however in January 2015 she went off work sick and remains off work sick due to the work related stress. She spoke to HR about the grievances in January, and was advised to either submit the grievances through her line manager which she was reluctant to do/ find an alternative manager or send to HRMIS. In Februry she sent a letter to HR outlining her three grievances ( as she did not have access to the form) they responded that the correct form required completing which she duly did. She was then informed that she needed three separate forms completing. Three separate forms were completed.

    The first grievance was relating to
    the lack of and inadequate training

    second
    due to bullying from her line manager ( who was found to have bullied another member of staff some years earlier)

    third
    the fact that I was unable to discuss the matter relating to my disciplinary with her. She was bringing the grievance about, because of the impact that it has had on her, she thought that we were having marital problems then thought that I was seriously ill, she now feels guilty that she was unable to support me through what I can only describe as the most stressful period of my life and she was unable to leave me alone in the house I have told her that I would not think of anything like that ever again but she can not get it all out of her mind. She believes that this has altered her relationship with me, as she is always worried about me.

    The first grievance was heard in May and the result was received in July the grievance was completely upheld and it was pointed out that she had not been afforded the duty of care that she should have expected.

    the second grievance was heard in June and she is still awaiting the outcome, she understands that witnesses that she named have not yet been approached but has been told that she should have a decision within three weeks

    the third grievance relating to my not being able to discuss the disciplinary with her, she has been told that as this is a policy matter she can not raise a grievance about it. ( the matter had been referred to Policy and the wording of the letter has been altered to enable partners/ couples to discuss the matter however the partner is bound by confidentiality as well) we are grateful that the policy has been changed as the situation that we found ourselves in will not occur for any other civil servant( this information has not been conveyed to either of us officially) Her grievance is about the effect that the policy had on her, She is wanting them to simply acknowledge that this has affected her and for them to issue an apology.
    My wife has and is currently attending counselling sessions to overcome the stress, she has been off work sick for over 9 months and has made suggestions about what the employer could do to enable her to return to work, the main obstacle is that the bully grievance is still outstanding and the member of staff remains in the same office. He was involved in a bullying issue a few years earlier and the victim was the person moved. She has been financially penalised by the Departments failure to act on these grievances in a timeous manner and her previous unblemished sick and work record us now decimated.
    How long should it take to resolve theses issues, can they be held to account for her sick record and loss of earnings. I would appreciate any help offered, thank you
    Tags: None

  • #2
    Re: How long should it take to resolve a grievance

    Is anyone able to offer any advice. How long should it take an employer to resolve a grievance? if the employer fails to consider my OH third grievance what is she able to do? Thank you in anticipation

    Comment


    • #3
      Re: How long should it take to resolve a grievance

      Is anyone able to offer any advice in this area? My wife has been off work for nine months, she received a long service certificate ( 40 years) two weeks ago it was handed to her at her keeping in touch meeting. Her longstanding grievances remain unresolved despite her efforts to get a decision, the Bully remains on site therefore denying her the opportunity to return to work in a safe and secure environment. Is this how long serving loyal civil servants get treated. Please advise how long should they take to make a decision, the grievance was raised in January. Please help

      Comment


      • #4
        Re: How long should it take to resolve a grievance

        Hi [MENTION=54744]Gasbo[/MENTION]

        It's difficult to advise on this. The ACAS guidance states the grievance should be heard, and the outcome communicated to the employee, 'without unreasonable delay'. This is a rather subjective term and, depending on the nature of the grievance, the process can take weeks/months.

        If you're expecting to receive the outcome of the second grievance in three weeks, I would wait and report the outcome back to us.

        In relation to the third grievance, I appreciate you want some kind of formal apology but you may have to be satisfied that the policy has been amended.

        - Matt
        Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

        Comment


        • #5
          Re: How long should it take to resolve a grievance

          Hi Matt
          Thanks for your response, it is just what I thought, she has been in touch with ACAS but as it has been so long for the employer to deal with the matter the incident is out of time and there is nothing that she can do at us stage. My wife has been effected by the Departments treatment of her and is off work sick . The third grievance has caused her severe emotional problems for which she is on her third course of therapy and it contributed to her work related stress. Other than this period of sickness she has only ever been off work for about 20 days during her 40 year career. She is concerned about her sick record and the financial penalty that she has encountered by the Departments failure to deal with the matter. Thanks again

          Comment

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