Responding to a grievance
June 8, 2008
A recent case has highlighted the need for employers to respond to any written complaints by following the correct grievance procedures, even if the complainant does not specifically state that they are submitting a grievance or does not follow the correct procedures.
Tanya Oliver, a factory worker from Houghton in the North East region, sent a letter to her employers prior to her return from maternity leave claiming that she had been bullied at work, and explaining her fear of returning to work. The company failed to respond to the complaint and three weeks later, Oliver sent a letter of resignation. Now she is claiming constructive dismissal, sexual discrimination and disability discrimination.
The HR manager at TRW Systems has stated that her failure to respond to the letter was an oversight, and that she could not speak to Oliver’s supervisor due to shift patterns and holidays, but I don’t think this is going to excuse the company’s failure to follow the grievance procedure.
Employers need to be very aware of different types of communication that can be considered a grievance, as there has been more case law concerning whether the grievance procedure has been initiated than other aspects of discipline and grievance legislation. If an employer does not follow the grievance procedure for a written complaint that is subsequently deemed a grievance, any compensation the employee may be entitled to in a tribunal can be increased by between 10% and 50%.
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