GRIEVANCES - 19.04.2007

Is this a post-resignation grievance?

Can we ignore it?

One of our subscribers recently received a resignation letter from a member of staff. Whilst they didn’t want to lose him, they didn’t think any more of it until he handed over another letter to the managing director. This outlined a number of complaints regarding his treatment as an employee. They’re unsure how to deal with this letter or even if they need to take any action at all. After all, as he’s leaving shortly, why bother? So what’s the legal position and how should they deal with this type of situation (if at all)?

What’s a grievance?

A grievance can be defined as “a complaint by an employee about action which his employer has taken or is contemplating taking in relation to him”. It also covers the actions of colleagues in cases where you would be deemed to be legally responsible for their behaviour. This definition is likely to apply to our subscriber’s current position because it’s quite likely that these problems have prompted the resignation.

Legal issues

Therefore, our subscriber should play it safe and treat this letter of complaint as the first step of a formal grievance under the statutory procedure introduced on October 1, 2004. This is because it already fulfils this requirement as it’s in writing, it outlines the employee’s complaints, and has been formally given to the employer. Depending on the employee’s notice period and how quickly action is taken, there may be time for the full standard three-step procedure to be followed. If so, a meeting to discuss the grievance (step 2) is necessary and finally the need to inform the employee of the right to appeal if he is not happy with the outcome of the meeting (step 3).

Tip. If the employee leaves before the standard procedure would be completed, obtain their written agreement to follow the modified procedure (see The next step). This will cut down the time spent on it, as you will only need to set out your response in writing to your former employee.

Risks of ignoring it

If this sounds like too much hassle and it would be easier to file the letter and forget it, that’s understandable. However, this is risky and may result in a claim for constructive dismissal if the aggrieved employee has at least one year’s continuous service. However, if the alleged poor treatment is discrimination-related, e.g. on the grounds of disability or sexual orientation, no minimum period of employment is necessary. If the claim succeeds, you also risk the employee getting an uplift of between ten and 50% on any compensatory award made.

In future

Don’t let matters fester so that the situation gets this far in future. You could not only lose a good employee but face an expensive tribunal claim.

Tip. Ensure that your grievance procedures emphasise the importance of trying to resolve matters informally first.

The next step

For a free standard and modified grievance procedure visit http://personnel.indicator.co.uk (PS 09.08.04).