How do you go about starting a tribunal at work?

[2point4kids]

I have asked on here previously for advice regarding DH's job and the fact that the company is messing about over paying him bonus money he is owed.
I have received some very good advice which has come in very useful!
He has been trying to resolve it amicably with his work up till now.
Yesterday his CEO finally told him that they would offer him a lower amount than he is owed and still no date on when it would be paid.

This was the final straw, so as suggested in previous advice (from Flowerybeanbag I belive!) he has written a formal letter stating the situation and requesting that the full amount owed be paid by next Friday or he will raise a formal grievance. This letter has been sent to the CEo and the head of HR.

IF the money is not paid by next Friday - how would he go about raising a grievance/tribunal? Is it something he would do through HR or will he need to get a solicitor to start the process for him?

Any advice would be appreciated!

[RibenaBerry]

Is he planning on walking out or staying in the job and suing for the money?

Let us know and I can talk you through the process a bit more.

[2point4kids]

He is planning on staying in the job and sueing for the money.
He is actively looking for another job, but its hard at the moment to find something else with as high a salary. Got a couple of leads though, so fingers crossed!
Whatever happens, if he stays or goes, we have decided to go after the money as its in his contract and they are obliged to pay him we think. (plus we need the money!)

Can they make him leave before he finds another job if he sues them for the money do you think?

[Ginni]

His company should have Grievance Policy which he can get hold of and follow in terms of what action he needs to take to raise his grievance. Usually an employee (or ex employee) would need to raise a grievance directly to the company before going for a tribunal. Usually Solicitors will not be allowed into Grievance hearings, and if you wanted to seek legal advice you'd have to do this outside the hearing. Your partner will be able to take a Union Rep into the hearing, or a work colleague if he wishes.

[Ginni]

take a look at the ACAS website, useful info on Grievances:

www.acas.co.uk/index.aspx?articleid=1670

[2point4kids]

Thanks, will look at that page tonight.

DH doesnt have high hopes for the grievance procedure tbh. In the company handbook it states that all grievances should be raised with the CEO. It has been the CEO that has been messing him about with regards to the bonus!

If the money is not paid by next Friday and he raises a grievance with the CEO as promised - what happens if the CEO doesnt respond satisfactorily? Can DH start a tribunal then?
What exactly is a tribunal? Is it something external to the company? Does DH need to join a union to raise one?

[NotanOtterOHappyDay]

its a while since i worked there but ime you should ring your local industrial tribunal or go to a jo centre

the forms used to be called an IT1

fill it out

send off

wages claims used to often be the simplest and least hassely

the employer often gets the form - bricks it and pays up

hth

[callmeovercautious]

Well a grievance should be heard at a lower level tbh - unless DH is a director?

That leaves the CEO (or another more senior person) to handle an appeal.

It is a requirement to have a discipline and grievance procedure that meets acas guidelines. Not having it will only add to their problems at tribunal.

He should follow whatever they have in place and once all internal avenues have been tried then seek advice from acas. They have a helpline and will advise your DH of his next step. Probably an employment lawyer. He could always ask at the CAB.

Make sure he keeps looking for another job, I am sure that if it gets to tribunal he won't want to be there anymore.

I hope it all gets settled.

[Clayhead]

It's an ET1 form for the Employment Tribunal but the internal grievance procedure must be followed first.

[RibenaBerry]

You must have put in a grievance before you can bring a claim and you must normally wait 28 days after the grievance. However, there are also strict time limits on how fast you must bring your claim.

A Tribunal is external to the company - it's like a low key court.

Read this guide on the Tribunals website as a good starting point.

HTH

[flowerybeanbag]

Assuming he has had no response/no favourable response by Friday he should raise the grievance exactly as the procedure states. He should make sure he has the grievance ready and is able to ensure it lands on the desk of the CEO and the Head of HR on Monday morning.

If he still gets no favourable response he can then bring a tribunal claim. Have a read of Ribena's link, it's a good accessible site. The idea is that you shouldn't actually need a solicitor to bring a claim, it's supposed to be an avenue open to everyone. You can even put in a claim online, it's quite easy if what you are claiming is straightforward.

Having said that I would recommend he speaks to a solicitor before doing so, but he doesn't have to panic about that just yet, just raise the grievance immediately the Friday deadline has passed, and take it from there, including coming back here if necessary.

He could make the point in the grievance that he feels the CEO is not the appropriate person to hear the grievance as the grievance is at least partially against him, but in the absence of an alternative, your DH is following the procedure stated.

[2point4kids]

Thank you all, very very helpful! I am passing all this info on to DH as you tell me!
I will bookmark that tribunal site too and have a good read.

DH is going to speak to the head of HR today and find out the grievance procedure exactly so that he can follow it next Friday if no money appears.

One problem is that the reason negotiations have been unsuccessful up to now is that the company is owned by another company. The owning company people are the ones that have been refusing to sign off the payment and the CEO is the one who has been chasing them to do so.
Now DH has written the formal letter the CEO has said 'I understand why you're doing this, sorry I couldnt help' and has effectively washed his hands of the matter.
DH has no idea who the appropriate people above the CEO are to chase up himself and they are all in India, so a time difference etc too.

I have said to DH that he needs to tell the head of HR this today and tell her that it is her responsibility now to find out who has authority to sign off the bonus payment and to make sure that the letter gets presented to them in good time before next Friday so that they can decide whether to sign off or not before DH is forced to raise a grievance.

If this doesnt happen then we can just see the letter sitting on a desk for a week and a bit and nothing being done before next Friday at all!!

[2point4kids]

Is that right? Is it HR's responsility? or should DH somehow be finding out who to approach and doing it directly?

The head of HR works only part time and according to DH is not the most efficent of people!!

Its all such a mess!

[flowerybeanbag]

It's not HR's responsibility particularly, no. Neither is it your DH's responsibility. It's the CEO's responsibility. If he's a CEO he shouldn't be promising bonuses that he doesn't have the authority to sign off, quite frankly, and I would be surprised if he doesn't have that authority.

Regardless of whether a company is owned by another company, if he is a CEO responsible for running the first company, he shouldn't have to check with the umbrella company to pay someone.

Anyway, if he does, that's his problem to sort out, not your DHs.

What your DH needs to say to the Head of HR is not to tell her that it's her responsibility- it's not up to him to decide whose responsibility it is - he just needs to make sure she is clear that a formal grievance will be raised on Monday morning if the payment is not forthcoming as promised on Friday, and make sure she is aware that this grievance is being raised as a first step required so that he can then bring a tribunal claim for unpaid wages should that be necessary.

She should then hopefully be galvanised into action. But he shouldn't tell her it's her responsibility, she presumably reports to the CEO and it's his responsibility. He needs to just make sure she is fully aware of the consequences of non-payment so that she can communicate that to the necessary people.

[2point4kids]

Ok thank you, will let DH know that.

The main problem is that DH was employed by the CEO and contract drawn up etc before the company was bought, so when contract was made the CEO did have authority to make bonus decisions. Now he doesnt seem to, but its obviously still in DH's contract so not DH's problem hopefully at the end of the day!

Thanks for all advice