A grievance is any situation where the employee feels unfairly treated by the employer. Failure to deal with the situation effectively may well lead to poor job performance and risk of constructive unfair dismissal.
Most SMEs do not have the skill to resolve a grievance satisfactorily and may be personally involved.
Wherever possible grievances should be resolved informally. Where there is a need to follow a formal procedure there should be at least 2 levels to the procedure.
David Cawthorne – Human Resources
David has spent his entire career in employment law and human resources & has advised clients from a broad range of sectors… More>
Failure to follow a fair grievance procedure in some types of unfair dismissal claims will almost certainly lead to the employer losing the case.
The ACAS Code of Practice on Grievances is not legally binding but is the “Highway Code” equivalent in employment tribunals and will be taken in to account.
An employee has the legal right to be accompanied by a work colleague or trade union official at a grievance meeting.
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