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employees should raise the matter formally and without unreasonable
delay with a manager who is not the subject of the grievance. The Code
recommends that the grievance should be raised in writing and set out the
nature of the grievances.
•
On receipt of a grievance, the employer should arrange a formal
meeting without unreasonable delay. At the meeting, the employee
should explain their grievance and be given opportunity to say how
they think it should be resolved.
•
The Code mirrors the old statutory rules and recommends that where
an employee's grievance relates to a complaint about a duty owed by
the employer, then the employee has the right to be accompanied by a
work colleague or a trade union representative at the meeting.
•
Following the meeting, the employer needs to decide whether any
further investigation is required and what action, if any, it needs to
take.
•
Where an employee is unhappy with the outcome of the grievance,
they should be allowed to appeal the outcome and set out the grounds
for their appeal without delay in writing.
Employers should be aware that from April 2009 an employee can
now bring a claim in the tribunal without having first raised a grievance
with the employer. If an employee acts unreasonably and fails to follow
the Code without good reason, then they risk a reduction in any
compensation award by up to 25%.
What is the role of ACAS?
ACAS is under a duty to continue conciliation throughout the proceed-
ings until the case is heard. This better reflects when the opportunity for
a settlement arises in a case. Some cases require disclosure of documents,
a listing date or the exchange of witness statements before the parties
are ready to have a meaningful discussion about the merits of the case
and the prospects of settlement.
What are the penalties for not following the Code?
From April 2009 a tribunal can now find that a dismissal is unfair on
procedural grounds alone but reduce or eliminate the employee's
compensatory award to reflect the likelihood that a dismissal would
have gone ahead where a fair procedure had been followed.
A failure by employers to follow the Code of Practice does not
mean that tribunal proceedings will immediately follow. However,
where tribunal proceedings are issued, an employer's failure to observe
the requirements of the Code may result in an employment tribunal
increasing the compensation payment to an employee by up to 25%.
Similarly, where an employee unreasonably fails to comply with the Code
the amount of compensation awarded may be reduced by up to 25%.
Is there any further guidance on disciplinary and grievance
issues?
Yes, ACAS also publish guidance booklets on dealing with disciplinary
and grievance issues. See http://www.acas.org.uk/
index.aspx?articleid=1364.
GARETH EDWARDS
Gareth Edwards is a partner in the employment team at Veale
Wasbrough Lawyers. gedwards@vwl.co.uk
NOVEMBER/DECEMBER 2009
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