Grievance
[ch 6: page 68]Employees should usually follow their employer’s grievance procedure before resigning and claiming constructive dismissal. Reps should also pay close attention to the Acas Code on Disciplinary and Grievance Procedures (see box below), which can be downloaded from the Acas website. Unjustified failure by either side to follow the Acas Code can result in an increase (or cut) to compensation of up to 25%.
Employers often have other more specific procedures in place to deal with particular types of complaint, such as those involving bullying, harassment or whistleblowing. Where a procedure is available, both sides should normally follow it.
The Acas Code on grievance procedures
Here are the most important features of the Acas Code:
• the employee should set out their grievance in writing;
• the employer should arrange a meeting to discuss it;
• the employee should make every effort to attend;
• the employee has the right to be accompanied by their chosen companion (see pages 51 to 53);
• both sides must avoid unreasonable delay;
• employers must act consistently;
• employers must carry out necessary investigations to establish the facts;
• employees must be given the right to appeal; and
• employees should be given a copy of the meeting record and any minutes.