Make sure you respond to an employee’s grievance - April 2008
The recent case of Ward -v- University of Essex UKEAT/0391/07 illustrates the dangers of an employer failing to respond when an employee raises what could be described as a ‘grievance.’
The Statutory Grievance Procedure applies where an employee follows step 1 and sends a letter of grievance to the employer. The employer must respond by setting up a grievance meeting within 28 days.
In this case, the employer had written to the employee raising issues of performance and inviting the employee to a disciplinary meeting. The employee replied by offering terms to terminate the employment relationship but also referred to various grievances.
Following a meeting, the parties agreed terms entered into a compromise agreement. However, the employee then claimed she was forced to sign the agreement and brought a claim against the employer for constructive dismissal. She claimed that in her letter to the employer, she had raised a grievance and, in accordance with the Statutory Grievance Procedure, the employer should have responded.
The Tribunal agreed with the employee. The employer should have treated the employee’s letter as a grievance letter and should have responded to it.
So, if an employee raises a grievance, make sure you respond to it in the correct way and in time, even if you are in negotiations with them.
Please contact us on 020 7420 7020 or enquiry@sethlovis.co.uk for further advice.