All businesses, irrespective of size, must follow disciplinary and grievance procedures that are at least equivalent to a statutory minimum standard.
This requirement is subject to an overriding duty on the employer to act reasonably in all the circumstances, and deal with disciplinary and grievance issues in a fair and consistent way.
If an employee fails to lodge a grievance they may be debarred from bringing their claim at an Employment Tribunal. However the Employment Tribunals have been very lenient as to what constitutes the lodging of a grievance so care must be taken where there is any indication of dissatisfaction or concern being raised.
For example, letters from an employee’s solicitor and letters from the employee in which the word “grievance” is not used have been held to be grievances that should have triggered the employer’s grievance procedures.
There are a number of exceptions when the procedures do not apply. These include dismissals:
Of employees by reason of retirement (when an alternative procedure applies, involving the giving of notice by the employer in the run-up to the employee’s date of retirement, and his right to request to work longer).
In situations in which the employer or the employee has reasonable grounds for believing that they will be ‘exposed to a significant threat, such as violent, abusive or intimidating behaviour, or they will be harassed’. (The threat can be of either physical and mental harm; and when property or some third party is threatened or harassed).
In circumstances in which there is long-term illness or long absence abroad.
When the grievance raised is a ‘protected disclosure’ under the whistleblowers’ rules.
The grievance relates to an actual or threatened dismissal.
Click here to see a flowchart summary of the new rules. It assumes that necessary investigations have been made and that you have decided the matter should be handled formally. It takes into account the ACAS ‘Code of Practice 1; Disciplinary & Grievance Procedures’.
