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Guidance in this area is given by the Code of Practice provided by the Advisory and Conciliation Service (Acas). This can be a complicated area of law and it is very important to ensure that your grievance procedures are well-drafted so that they are clear and transparent and our expert solicitors can ensure that your procedures are properly compliant. When faced with a dispute, you need to ensure you take expert advice to protect your company and our grievance lawyers can advise and represent you every step of the way.
Employers should (rather than must) follow the Acas Grievance Code of Conduct.
Although it is not legally binding, if it is not followed this can impact on the award given by an Employment Tribunal in that they can increase compensation by up to 25% for employers that “unreasonably” fail to follow the code or similarly decrease by up to 25% for employees that “unreasonably” fail to follow the code.
The Code does not apply to collective grievance procedures that are usually deal with in the collective bargaining agreements entered into by an employer.
An employee that wishes to bring a claim before an employment tribunal has a time limit of three months less a day from when the incident occurred that gave rise to the claim.
This means that in order to allow time for the informal process, they need to raise this as soon as possible after the incident.
As with many areas of law, employees are encouraged to use informal action where possible. If this does not resolve the situation then it is highly recommended that mediation is considered at all times as opposed to the matter going to an employment tribunal.
Mediation allows the parties to appoint an independent third party to oversee conciliation efforts. This is a voluntary process and any decision given by the mediator is not binding. This method is very successful in resolving these types of disputes.
A company’s grievance procedure should be written down and easily accessible. Generally, it is referred to in the contract rather than being a part of it so that the employee knows how to access it but it can be easily updated over time. Employers should regularly review their grievance procedures to ensure that they are still valid and effective.
Ensuring that the relevant levels of management are trained in this area will also ensure that matters are dealt with in a correct and compliant manner.
To start a grievance, the matter should be promptly raised in writing (sometimes known as an Acas grievance letter). This is not mandatory but if it is not followed and the employee initiates an employment tribunal claim in the first instance, this can lead to a reduction in their compensation award.
The letter needs to give enough detail to allow the employer to investigate the claim in full. The employer must investigate the claim by taking statements, collating documents and interviewing relevant people.
The employer then calls a grievance hearing within 5 days (without reasonable delay is the requirement) where the issue can be discussed in an amicable way. The meeting is to allow the employee to put their case. The employee has to be given the right to be accompanied by either a colleague or a trade union representative where the grievance relates to a duty owed by the employer (though it is good practice to allow it in all cases).
The colleague cannot have a vested interest in the outcome of the case but they are entitled to be paid for their time off to perform this role.
The employer must provide the employee with all statements and documents that are relevant before the hearing. At the hearing, the employee must be permitted to call witnesses (the employer can do the same). There must be a full written record of the meeting.
This meeting is to allow the employer to establish what the facts of the case are and to decide whether they are going to uphold the grievance.
The employer must give their decision in writing to the employee after the hearing (usually within 24 hours). It needs to detail their decision, what action they are taking and how the employee can appeal. Again, the employee has the right to be accompanied at an appeal.
If the employee fails to appeal the decision and takes the matter straight to an employment tribunal then this can be reflected in a reduced compensation award if they are successful. If the matter is appealed, it should be heard by a member of management that was not involved in the initial hearing and again a final written decision must be issued after the appeal.
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Miles Herman is a clever, understated lawyer who is at the top of his game.
Richard McConnell carried out conveyance for my family on 4 London flats, 1 sale and 3 purchases. In each instance he was excellent. The attention to detail and communication throughout the process was perfect. I have recommended Richard to several family members and friends who have been extremely pleased. I would have no hesitation in using Richard McConnell and Lewis Nedas in the future should the need arise.
I wanted to take the opportunity as well to thank you for everything that you have done on this case. The result that we got on Monday will have a massive positive impact not only on my life but the lives of all my family including that of my own son. I personally was struggling to hold back the tears when the sentence was being delivered by the judge and I know my father and sister felt the same too. It must be fantastic to work in a way that can have such a positive impact on people’s lives and I want you to know how much it all means to us all. Thanks a million and good luck with all that you do going forward.
Lewis Nedas advised me in a serious case of insider dealing. The lead solicitor dealing with my case was Jeffrey Lewis, who impressed me with his quick grasp of the very complex circumstances. His in-depth knowledge of how the City really works and his long experience of serious financial crime gave me great confidence. But it was also his friendly and supportive attitude, and readiness to take calls (or return them promptly if he was in court) which was very reassuring. I was delighted with the positive result of the case, and the speed and efficiency with which it was handled.
Lewis Nedas Law Limited, led by Jeffrey Lewis, is known as ‘an exceptional firm with a strong team of talented and expert criminal lawyers’. The practice offers a wide range of high-end legal services, including on cases concerning espionage, terrorism, and murder. Siobhain Egan has strong experience in multi-jurisdictional matters; recent highlight engagements concern organ trafficking and terrorism financing, among other matters. Unan Choudhury is noted for his work regarding espionage and murders, while Keith Wood is an expert in High Court contempt proceedings which arise from criminal activity. Other key figures include Miles Herman, who represents clients in complex litigations.
Hands on partner involvement leading a dynamic team who like to think out of the box. Results driven. Clear strategies. They can go toe to toe with the big “City” firms.
