Grievance

This page outlines the steps required to be taken under the 2004 Dispute Resolution Regulations. This is likely to change in the next 12 months and be abolished. There is consultation underway about changes that are being proposed and we will amend this page as soon as possible, after any changes take effect. However for the time being the procedures are as follows.

All employers are obliged to operate minimum statutory grievance procedures. It does not matter how big or how small the company is. The company may have its own procedures in a handbook. If these are more substantial than the statutory minimum, they may well have legal effect, but the handbook or contractual policies can never take away from the minimum procedures, which are:

Step 1


Step 2
  • The employer must invite the employee to a meeting to discuss the grievance.
  • The employee must take reasonable steps to attend the meeting.
  • After the meeting the employee must be notified of the finding and the right of appeal.

Step 3
  • If the employee wishes to appeal, they must notify the employer.
  • If the employer has been notified of an appeal, they must invite the employee to a further meeting.
  • The employee must take all reasonable steps to attend this appeal meeting.
  • After the appeal meeting the employer must inform the employee of his final decision.

The employee is entitled to be accompanied to the meeting by a colleague or trade union official (see companion).

If the employer fails to adequately deal with the grievance or to operate the minimum standards of the statutory grievance procedures, in some circumstances an employee may be able to resign and claim constructive dismissal.

Only in very rare cases will an employee be able to resign and claim constructive dismissal through the Tribunal unless the statutory grievance procedures have been followed. Slightly different procedures can apply for a grievance lodged after resignation.


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