Grievance Procedures

Also introduced in October 2004 were the mandatory Grievance Procedures. If an employee has a problem or complaint that they wish to raise with the employer on a formal basis then they should do so using the statutory minimum grievance process or, where the employer's own policy expands on the statutory minimum requirements, the employer's own policy should be relied upon. Failure by the employee to follow step one of the grievance process is likely to result in the employee being exempt from making a claim at an Employment Tribunal in the event that they resign and claim constructive dismissal.

Equally, failure by the employer to carry out the grievance process once a grievance has been formally raised by an employee is likely to result in an employee being successful in a claim for constructive dismissal.

We are happy to draft suitable Disciplinary and Grievance Procedures as well as provide advice on matters relating to the same.

Compromise Agreements

Currently, there are only five ways to dismiss an employee fairly and for each, there are lengthy procedures. Any agreement, between the employee and employer, to waive such rights is invalid unless it is in the form of a Compromise Agreement.

If an employer were to pay an employee a sum of money on dismissal in order to avoid following the correct dismissal procedures then, unless the employee signs a valid Agreement, they would be able to take the money offered and still pursue a claim against the employer.

If balancing the demands of the economy and employment law is giving you a headache please call Ben Stanton on 01908 660966, email ben.stanton@franklins-sols.co.uk or fill out our online contact form. Our dedicated Employment team can help.