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28th August 2008

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Grievance/dismissal procedure

There is a three stage process

1. Issue raised in writing 2. Meeting 3. Appeal

If these are not followed an employment tribunal will increase the award by between 10% and 50%. In discrimination cases this can have a huge impact, so read on….

 
Stage 1
Issue raised in writing
Issue raised in writing
On receipt of complaint collect all documents. Date and collate including emails and notes of discussions (checklist).
Investigate and gather information from other employee witnesses (checklist).
If the employer is controlling the procedure and contemplates dismissal or disciplinary proceedings then a Step 1 letter is required.
 
Stage 2
Meeting
Meeting
Invite employee to discuss grievance and inform them of their right to be accompanied by a work colleague or trade union rep.
Time scale should be appropriate to complexity of issues involved.
Time and location of meetings must be reasonable and both sides given a fair chance to explain their position.
All meetings noted and minutes quickly passed to employee for comment. There is no obligation to allow a lawyer to represent.
 
Stage 3
Appeal
Appeal
Essentially a repeat of stage 2, but handled by a superior line manager. If there is no such manager available then you could consider using an external person, for example an Accountant or HR Consultant.
The meeting will either be a review of the initial hearing, or a rehearing depending on whether there are procedural errors or new evidence to consider.