Raised grievance - need advice please

[Getdressed]

Hello

I have raised a grievance as I was made redundant and didn't agree with the reasons why and how it was conducted. Work policy states that I should have a response within 5 working days of grievance being submitted. I am now on day 9 and still no response. I hand delivered it and had an e-mail confirmation.

What should I do now? DH thinks I shouldn't chase it with HR but all this waiting is making me feel sick.

Also, I am worried that I might be offered my job back (very little chance) but have no intention of working there again. Where would I stand legally if that were to happen?

If they have breached their own grievance policy then you can take them to court for unfair dismissal and they are very unlikely to win.

Legally the onus is on the employer to demonstrate that the redundancy process has been fair and that they have operated within their own D&G procedures. If they cannot do this then they are guilty of unfair dismissal and you would be compensated as such.

As your employment has officially ended, they cannot force you to take up a new employment contract in lieu of compensation. They are obliged to make financial compensation governed by official guidelines.

Make sure you have all copies of contracts and employee handbook etc. and then take yourself off to a employment solicitor and let them deal with it.

In general, when threatened by a solicitor in this way they will settle out of court and you will get a decent amount of compensation.

The fact that they have breached their own appeals policy constitutes, in itself unfair dismissal

"If they have breached their own grievance policy then you can take them to court for unfair dismissal and they are very unlikely to win."

Sorry but just because someone doesn't follow their grievance policy doesn't necessarily mean it was unfair dismissal in the first place, although of course it won't help the employer's case.

"As your employment has officially ended, they cannot force you to take up a new employment contract in lieu of compensation. They are obliged to make financial compensation governed by official guidelines."

Not as simple as that I'm afraid. If it's still in the appeal stages it's likely that either employment hasn't actually ended or has only ended very recently. If someone appeals their redundancy and their appeal was upheld and it was found there was in fact a job for them, I think the employee in that situation would struggle to reasonably turn it down (assuming it was suitable work) and claim redundancy pay/compensation for unfair dismissal. If it ends up being a protracted case and there is a tribunal months later, then it would probably be unreasonable to expect the employee to go back, but immediately after dismissal, probably not.

"The fact that they have breached their own appeals policy constitutes, in itself unfair dismissal" again not necessarily, and because unfair dismissal compensation is purely based on financial loss, if the redundancy was genuine and the decision to dismiss was fair, the employer not exactly following to the letter their own procedure is not going to make it worthwhile bringing any kind of claim as there would be no financial loss to demonstrate.

OP why does your DH think you should just sit and wait rather than chasing it up? Also because you don't want your job back does that mean you are reasonably satisfied with the decision to make you redundant but just don't like the way they did it? What's your aim here?

Just to clarify a bit, it's certainly easiest to prove unfair dismissal if the employer hasn't followed a reasonable procedure, definitely.

However depending on their reasons for the delay, and what happens next, a few days delay in one aspect of a grievance procedure after a redundancy is unlikely to be enough to prove unfair dismissal, or to make it worthwhile bringing a case if everything else was fine, including the initial decision. Which it may not have been of course!

Thank you both for your input. My employment is due to end on this friday.

DH thinks I shouldn't have to chase my own grievance with employer and the longer it is left, then the worse it looks on them if i take it to an employment tribunal.

I did want my job back and life would be a lot easier if I did have it but I strongly believe it was very personal so returning would now just be hideous (I am on maternity leave)so am now seeking compensation. I work in the public sector and everyone is waiting now for the October budget cut announcement. My theory being that they will reinstate my position then make me redundant following the proper procedures.

Have you already appealed? If not, why did you raise a grievance instead of appeal? If you have, is this grievance about something you couldn't reasonably have included in the appeal?

TBH, a grievance isn't designed as an extra appeal, so the delay may be them working out whether they need to deal with it.

Thanks Ribena

I was told I was not allowed to appeal and the only way I could object was through a grievance. And it took me the best part of 3 months to find that out as no one (funnily enough) in the company would tell me what my rights were. I stupidly came out of the union a couple of years ago.

What do you think you should be compensated for? Surely you've already been compensated for loss of earnings when you were paid reduncancy pay? If it's proven that you shouldn't have been made redundant, won't you lose the redundancy pay and is any compensation likely to be any more?

Did they know you were pregnant when you were made redundant? I'm no expert, but I thought it was really difficult to make someone redundant while they're on maternity leave.

Were you on maternity leave when you were given notice of redundancy? What's the background: were other people affected and did any of them get redeployed.