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Original poster

Formal Grievance advice please

16 replies

Alexxxy · 25/08/2023 21:14

I am not sure where I stand can someone explain this procedure to me please. I have raised a formal grievance I have had the meeting to explain my claim. Now it’s unlikely that the employer’s investigation will be complete sooner which means if I wait for them I will miss the 3 months 1 day rule. Now I am thinking of filling the acas reconciliation form to be on the safe side, however I am not sure of at what stage will acas inform my employer as I am hoping not so soon to allow them time to investigate or do acas do inform my employer as soon as I fill the form?

OP posts:
shitt · 25/08/2023 22:40

Call acas for advice

OdeToBarney · 25/08/2023 22:52

You can ask acas not to contact them straight away, but some over zealous conciliators will then say they have to issue the conciliation certificate - which is a problem as you aren't extending your primary limitation period as much as you could be. Speak to an employment lawyer who can advise you on tactics.

HermioneWeasley · 25/08/2023 22:57

What are you intending to sue them for and why do you think the investigation will take more than 3 months?

Invisimamma · 25/08/2023 23:04

Yes make sure you get those forms in before the deadline even if you don't end up seeing it through it keeps your options open and shows your employer you're serious.

Follow Valla on tiktok or insta they have loads of helpful videos and resources about this. They helped me win a settlement from my employer.

Original poster
Alexxxy · 25/08/2023 23:30

Invisimamma · 25/08/2023 23:04

Yes make sure you get those forms in before the deadline even if you don't end up seeing it through it keeps your options open and shows your employer you're serious.

Follow Valla on tiktok or insta they have loads of helpful videos and resources about this. They helped me win a settlement from my employer.

That’s interesting I will follow them can I message you please thanks?

OP posts:
Original poster
Alexxxy · 25/08/2023 23:32

HermioneWeasley · 25/08/2023 22:57

What are you intending to sue them for and why do you think the investigation will take more than 3 months?

Answering you will be outing just Incase they are also here sorry.

OP posts:
Aprilx · 26/08/2023 07:47

From when are you counting the three months? As I do not understand why a grievance investigation would take three months, this surely is against their own policy.

Banditqueen12 · 26/08/2023 07:54

Assuming that you have a legal case (having a grievance and having a case not being the same thing) the clock starts from the end of the grievance process (including appeal - the law expects you to appeal if you don't get a satisfactory outcome) not the original event. So, for example, if you claim that you have been unlawfully discriminated against, the three months less a day doesn't start at that event, it starts at the point that your appeal is dismissed because refusing to acknowledge or act upon the discrinimatory act is the last act of discrimination. It is the last act, not the first, that is counted.

Banditqueen12 · 26/08/2023 08:02

Invisimamma · 25/08/2023 23:04

Yes make sure you get those forms in before the deadline even if you don't end up seeing it through it keeps your options open and shows your employer you're serious.

Follow Valla on tiktok or insta they have loads of helpful videos and resources about this. They helped me win a settlement from my employer.

I would strongly advise against being sucked into a "magic solution" ideation. These people are charging an absolute fortune for templates that are freely available all over the place - £20 for a grievance template, £96 for an ET1 template. No matter what might be free or useful, always double and triple check your sources and advice. The reason that lawyers make a lot of money out of the law is that there is no single answer to anything.

You are being extra specially careful not to share details in case your employer is on here (highly unlikely as it may be) so you should be just as careful about posters - for all you know this poster could be recommending their own business.

Original poster
Alexxxy · 26/08/2023 11:21

Aprilx · 26/08/2023 07:47

From when are you counting the three months? As I do not understand why a grievance investigation would take three months, this surely is against their own policy.

Thanks for your input. Let me ask something that I may not be aware of when does 3 months 1 day rule starts? Does it start when the last incident that triggered my grievance happened or after the outcome of the grievance?

OP posts:
Banditqueen12 · 26/08/2023 11:29

Alexxxy · 26/08/2023 11:21

Thanks for your input. Let me ask something that I may not be aware of when does 3 months 1 day rule starts? Does it start when the last incident that triggered my grievance happened or after the outcome of the grievance?

Show quote history

I answered that point at 7:54. It is from the point of the outcome of an appeal, which is counted as the last act in a series.

Original poster
Alexxxy · 26/08/2023 11:38

Banditqueen12 · 26/08/2023 11:29

I answered that point at 7:54. It is from the point of the outcome of an appeal, which is counted as the last act in a series.

Show quote history

This explains otherwise.
https://www.acas.org.uk/employment-tribunal-time-limits

Employment tribunal time limits - Acas

Time limits for making a claim to an employment tribunal, what you can do if your time limit has passed, and how early conciliation pauses time limits.

https://www.acas.org.uk/employment-tribunal-time-limits

OP posts:
Banditqueen12 · 26/08/2023 15:51

Alexxxy · 26/08/2023 11:38

Show quote history

Well if that is the case that is a change - when I made a claim the grievance procedure and appeal were expected to have concluded before you made a claim unless it was a constructive unfair dismissal claim

curaçao · 26/08/2023 16:18

Alexxxy · 25/08/2023 23:32

Answering you will be outing just Incase they are also here sorry.

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With 70 million people in the country, you think it will be outing??

Doggymummar · 26/08/2023 16:21

curaçao · 26/08/2023 16:18

With 70 million people in the country, you think it will be outing??

Show quote history

I know right so many people are cagey about thinks they can't get proper help

Original poster
Alexxxy · 16/09/2023 16:37

OMG I have just read the minutes from
my formal grievance meeting. I am looking at it to amend if needed. I am surprised as It says this is investigation for informal grievance present is A, B,C instead of this investigation for formal grievance. I raised this formal grievance as an informal grievance that I raised was not investigating properly. Surely it is wrong can anyone tell if it is acceptable to resign and claim constructive dismissal this really breaks my heart please advise me somebody.

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