Grievance/settlement after resigning

[Toomuchonplate]

I have resigned as at breaking point over a number of issues.

Am I still able to lodge a grievance? (3 month notice period/ still working)

Could I in theory negotiate a settlement agreement now I have resigned?

Hopeful bump?

I'm currently going through this with my work after leaving I had to open a case first with acas, it may be worth discussing details with a lawyer first before proceeding as they'll give you an idea if you have a claim and how much for

Are you in a union? They can advise on this (if not join in your next job). I think some home insurance policies also cover legal costs

I'm an employment lawyer.

You can lodge a grievance anytime, but grievances have little legal protection. Most will come down to your company policies - although some exclude grievances, or insist on a modified process, when you have left, that would not apply whilst you are working your notice.

You can start the process of ACAS conciliation fairly easily online. That does not (contrary to what it says) commit you to making any sort of claim to an employment tribunal (although it is a necessary first step), but will suggest to the company you are interested in taking things further. It takes a few minutes and is free.

If you are looking for a settlement, it would have been better to try and achieved that before you resigned, however I would: a) put in the grievance; b) start the ACAS thing; c) put in a freedom of information request - these are very time consuming for employer. And then, separately, and entitled without prejudice, send them an email trying to get a negotiated position. I would recommend seeking real legal advice before doing this, and getting a lawyer to do it.

As well as the union, check out insurance - home and car insurance often includes legal advice as an extra and people don't realise it.

You are still employed, yes absolutely you can raise a grievance. Consider carefully what you are hoping to achieve.

There is only an incentive for your employer to settle if there is a reasonably high likelihood of a tribunal claim and they feel vulnerable.

Have you sought advice and established that there is any such potential claim?

Unless you have strong proof that they have discriminated against you the chances of them feeling vulnerable are pretty low. They'll have no incentive to uphold a grievance if you've already tendered your resignation unless you're crystal clear in your grievance that any poor behaviours are not down to bullying (not covered under the Equality Act (2010) versus harassment (linked to an EqA protected characteristic).

In honesty I wouldn't expend your emotional energy pursuing a grievance, especially if you are leaving for new employment elsewhere. You may get a greater sense of closure by agreeing to take part in an exit interview, although be careful to keep it factual and professional if you are relying on a reference from them.

iow - you need to specify which protected characteristic you believe is applicable and how their harassment ties to the PC.

Based on your "breaking point" comment it sounds like they've overloaded you with work, or treated you unfavourably but that doesn't necessarily mean they've broken the law, but ACAS can talk it through with you.

@Toomuchonplate

Hopeful bump?

You haven’t really given enough information for any meaningful comments. So taking your questions literally to the first, yes you can lodge a grievance during your notice period, I personally wonder if there is any point, but nothing to stop you.

To the second question, you have already resigned, the only reason a company might consider a settlement at this stage is if they think you are going to turn your resignation into constructive dismissal and take it to tribunal. Constructive dismissal cases are not easy to win, you would certainly need to demonstrate that you tried to resolve the issues inning, do you have this evidence, did you allude to any issues when you resigned?