Grievance appeal

[Alexxxy]

I submitted grievance appeal to hr the end of November and I had an email 7 working days later saying the appeal will be heard and that I will be contacted in a couple of days when the appeal manager has been appointed up to now no news from hr to add I am currently off sick. I know acas rule is 5 working days for the appeal to be heard. Can someone guess what might be happening here and where do I stand?

We have max 10 working days which is ample. If there are any delays we would inform.

Have you chased (I know you shouldn't have to) but a prompt may help?

I chased ones by email and got automated out of office email back 15 minutes after sending an email. I think ET is my answer here.

For what? You can't complain to a tribunal that they haven't heard a grievance.

There is no "ACAS rule" - it's guidance and reality depends on circumstances. One of which may be that if you are off sick then the employer may have "decided" that they will progress matters when you return to work in case they are accused of making you more sick by continuing when you have been judged to be too ill to attend work.

Is this related to the question you posed in Novemver about the "friend" who was off sick with work related stress but wanted to continue to work a second job?

Hi. What's the latest?

1. When you say you submitted a grievance appeal, I presume you were appealing the outcome of a grievance that YOU raised?

Whilst there is a future prospect of the Tribunal route (depending on some of the questions I've asked), there are a lot of things you could, and need to do first.

The ACAS Code of Practice does say you have the right to make a Grievance and have an Appeal heard. Whilst this isn't law, it is more than just guidance, insofar if you do end up in a Tribunal, such a breach could be considered and your employer penalised. However before that;

2. Does your employer have it's own grievance / appeal procedures? You might find that their apathy towards your appeal constitutes a breach of contract.

3. Do you see your Employers actions to be harassment or victimisation against you? Are you in a Protected category under the Equality Act 2010?

4. I can only really speak from my experience in the Public Sector, but I'm sure your employer can't just "decide" what's best for you in terms of whether the hearing goes ahead based on your health; it should be a two-way discussion. Do you have regular "keep in touch" meeting with your manager?

If the delay in the Appeal is actually hampering your health, you should highlight this. Moreover, if your sick leave is linked to your employers behaviour, don't be shy in making sure any subsequent health conditions are put on your fit note. e.g. If you were off work with a prolapsed disc, but your employers behaviour is causing you to be depressed, seek a GP/Mental Health assessment, and have Depression added onto the Fit Note.

Don't rule out that you could always raise a grievance against the Appeal Manager for not progressing your appeal!

The first step is I suggest you write (and I do mean formally write by email or letter) to your employer or the Appeal Manager asking when they intend to progress your case.

I stress that matters shouldn't be left as the passage of time might hinder you taking future action against any relevant employees.

Happy to discuss!

Personally I would talk to ACAS.