Is this a grievance or am I wrong?

A positive approach to this area of employment can enhance relationships and add value to the business. You will find it beneficial to adopt systems and procedures to rehearse the evidence and arguments arising from any grievance before facing a tribunal. The meeting and appeal process we describe is an invaluable opportunity to flush out the arguments of disgruntled employees and positively manage any half hearted complaints.

Background

Legislation introduced in 2004 encouraged both sides to keep disputes in house and reduce the level of Tribunal litigation.

With nine out of ten tribunals upholding the side of the employee it is critical to recognise one!

What is a grievance?

Essentially a grievance is a complaint by an employee about action which the employer has taken or is contemplating taking.

If you fail to spot a grievance and implement a proper procedure the level of compensation payable will be increased by up to 50%.

For example a document which doubles as something else can be sufficient. If a resignation letter contains complaints it must be treated as a grievance. Or if an employee resigns and his solicitor sends you a letter before action setting out the employee's complaints (and threatening legal action) even if marked without prejudice that will be deemed a grievance letter.

There is no formal method by which the document must be delivered to you. It does have to be in writing. So emails with complaints included should be treated as formal grievance.