Yes. In particular, employees cannot bring a constructive dismissal case against you unless they have first given you a chance to set things right, by using the grievance procedure.
Like the requirement for a minimum three-stage disciplinary procedure, there is a requirement for a minimum three-stage grievance procedure, under which:
- the employee must set out his (or her) grievance to the employer, in writing (but see question 12, below);
- you must hold a face-to-face meeting, and thereafter provide your response in writing; and
- you must offer the employee the opportunity to appeal if your response is not to his (or her) liking.
Although there are some limited exceptions (for example, where the employee is complaining about actual or threatened dismissal), as a general rule any attempt to bring a constructive dismissal case to an Employment Tribunal after October 2004 will be barred unless:
- the employee has set out his (or her) grievance in writing, in accordance with the first stage of the procedure (see above); and
- at least 28 days has subsequently elapsed.
Employees are also required to act responsibly in relation to both disciplinary and grievance proceedings (for example, by attending hearings).
