Grievance

Employees should normally follow their employer’s grievance procedure before resigning and claiming constructive dismissal. Close attention should be paid to the Acas Code of Practice on disciplinary and grievance procedures, available with supporting Guidance from the Acas website. Unjustified failure by either side to follow the Acas Code can result in an increase or cut to any compensation of up to 25%.

Employers often use other more specific procedures to deal with particular types of complaint, such as those involving bullying, harassment or whistleblowing. Where a procedure is available, both sides should follow it. Remember that lodging a grievance and/or continuing with the grievance process and any appeal does not stop time running for the purposes of the three-month deadline for any ET claim (see page 394, Effective date of termination).