The Acas Code on grievance procedures




Here are the most important features of the 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, who can be a union rep or existing work colleague (see Chapter 5);




• both sides must avoid unreasonable delay;




• employers must act consistently;




• employers must carry out all 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.




A serious failure to investigate a grievance can be a fundamental breach of the duty of mutual trust and confidence. Every employee has an implied fundamental right to have their grievance properly dealt with (W A Goold (Pearmak) v McConnell [1995] IRLR 516). It is important to take legal advice and to watch out for time limits. 





A claim for constructive unfair dismissal must be launched (by submitting an Acas EC Notification Form, see Chapter 14) within three months (less one day) of the resignation date. This deadline applies whether or not the grievance process has been completed.



An employee who resigns with “immediate effect” in response to a fundamental contract breach will end the employment contract straight away. For example, in Secretary of State for Justice v Hibbert [2013] UKEAT/0289/13/GE, an employee wrote to her employer, using the words “I have no alternative but to resign”. The EAT said that these words brought the contract to an end immediately (see also: Effective date of termination, page 363).