You can raise a grievance in either situation but whether and how your employer (or former employer) responds to the grievance may be different depending on whether you are still employed or not.
Raising A Grievance After Handing In Your Notice
If you have resigned but you still want to raise a concern, problem or complaint, you can do so. You may even have set out grievance issues in your resignation letter. Either way your employer should deal with your concerns by way of its grievance procedure and in accordance with the principles of fairness set out in the ACAS Code of Practice on Disciplinary and Grievance Procedures. The ACAS Code provides practical guidance to both employers and employees and sets out the standard of reasonable behaviour for both parties when employees have a grievance that cannot be resolved informally. Although the obligations on you as an employee are minimal, it is important for you to consider the Code if you wish to raise a formal grievance with your employer.
It is common for employers’ grievance procedures to mirror, or closely follow, the principles set out in the ACAS Code. Failure to follow any part of the ACAS code does not of itself make your employer liable to proceedings. However, if you subsequently bring certain successful Employment Tribunal claims, for example, unfair dismissal, the Tribunal must take the ACAS Code into account where relevant when considering whether your employer has acted reasonably. The Tribunal can adjust the amount of compensation by up to 25% either way if you or your employer have unreasonably failed to comply with the ACAS Code.
On receipt of your grievance your employer should acknowledge receipt in writing, confirm next steps in the process, advise you of any internal and external support and guidance available to you and check whether any additional arrangements need to be made.
Your employer should, within a reasonable period, hold a grievance hearing. It may be necessary to adjourn the hearing to enable the employer to carry out investigation and then reconvene to discuss your grievances in more detail in the light of that investigation. Alternatively your employer may decide to hold an initial meeting before the grievance hearing to help establish the scope of any investigation required.
At a formal grievance hearing you have the right to be accompanied by a work colleague or trade union representative. Once your grievance is heard, your employer should communicate the decision to you and inform you of your right of appeal (should you not be satisfied with the grievance outcome). Your employer should appoint someone not involved in the original decision to chair the appeal. A grievance appeal hearing should be scheduled and the grievance appeal decision communicated to you as soon as possible after the hearing.
Your grievance may have raised issues that could give rise to a claim in the Employment Tribunal. For example, if your grievance was that you felt discriminated against or you felt forced to resign because you had been bullied. A claim may also arise from failure to deal with a grievance properly. There are strict time limits for proceeding with claims. For more information see: https://lincslaw.co.uk/blog/what-are-the-time-limits-for-employment-tribunal-claims-2/ . It is advisable to seek legal advice, ideally before you start the Employment Tribunal process.
Raising A Grievance After Your Employment Has Ended
There is no explicit requirement in the ACAS code for an employer to follow a grievance procedure in cases involving former employees. There is no legal obligation on an employer to respond in a particular way or at all. However many employers choose to respond to a grievance raised after the employment relationship has ended in the same way as if the employee remained employed (as set out above). Alternatively an employer may choose to modify the grievance procedure. If your employer can resolve your issues under their grievance procedure it may avoid a future time-consuming and costly Employment Tribunal claim. Also, by raising a grievance even after your employment has terminated you are demonstrating that you are acting reasonably by giving your former employer an opportunity to resolve matters with a view to avoiding litigation.
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitor
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