Appealing a grievance decision

Employees who are unhappy with the outcome of the grievance hearing should promptly lodge an appeal in writing. An unreasonable failure to appeal is a breach of the Acas Code, and could lead to a cut in compensation of up to 25% in any tribunal claim. According to paras 41 to 45 of the Code:

• an employee who feels that their grievance has not been satisfactorily resolved should appeal, putting their grounds for appeal in writing without unreasonable delay;

• the hearing should also take place without unreasonable delay;

• it should be dealt with impartially and wherever possible by a manager who has not previously been involved in the case; and

• the outcome of the appeal should be communicated to the worker without unreasonable delay.

A worker has a statutory right to be accompanied in an appeal hearing (see Chapter 3).

The denial of a proper appeal against a grievance finding can be a breach of contract based on either a breach of a contractual term or the implied term of mutual trust and confidence, entitling an employee to resign and claim constructive dismissal: Blackburn v Aldi Stores Ltd UKEAT/0185/12/JOJ.