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Grievance letter - your thoughts...

5 replies

MissMitford · 08/02/2010 14:33

Hello all
Am on a course for an Employment Tribunal with my formal employers. Unfair dismissal and sex discrimination following birth of DS. Happily discovered I have legal insurance through my household insurance, so waiting for that to come through and then will appoint big f-off sex discrim lawyer to take their sorry a**es to the cleaners. (bitter, moi?) anyway - have been advised to submit a grievance letter to my former employers to demonstrate that I have followed all measures available to sort the situation out short of legal action. As I have already exchanged letters with the compnay and they are being incredibly bullish, I am 100% convinced that submitting a formal grievnce will get my nowhere - will be my former boss who will be judge and jury, and he's the one who fired me, made my life miserable, etc. So my question is, do I just put down minimal details on the grievance letter or do I go into all dates and times etc? I guess I am thinking that the calvalry are coming and maybe I should keep all details back for the lawyer to pursue?

OP posts:
MadameDefarge · 08/02/2010 15:04

Call ACAS. They will be able to tell you what to do.

lal123 · 09/02/2010 20:51

I'm pretty sure that you should be giving all the information - as you need to actually go through internal grievance procedure and not just be seen to be going through it. Any future tribunal is not likely to look favourably on you if you bring up things which you haven't previously given your emplyer an opportunity to deal with

Janeybobs · 09/02/2010 22:24

Just done similar and incredibly cathartic eventually. Give dates, what was said down, who overheard / witnessed and most importantly how it made you feel. Not enough to say 'he did this' - even it is obviously a crappy thing you must say 'and it made me feel ....'. You are not giving anything away and are giving them the opportunity to rectify it. Any quasi quango shite approach to your grievance will be picked up by any decent tribunal. Got my official redundo notice today and will be phoning by home insurance tomorrow - completely stitched up as working mother. Not bitter just fighting for our rights - funny how many think that is being a nuisance. Good luck - take them to the cleaners and be sure to keep that Sketchleys receipt!

Wizpunzel · 10/02/2010 09:56

You say you ?have been advised to submit a grievance letter? ? who exactly gave you this advice? If your household insurer is covering legal fees, there may be terms and conditions which require you to do this ? so it may be wise to keep them sweet bearing in mind the exorbitant nature of costs. If the insurer is willing to cover these then you should follow the advice of the lawyers they recommend.

You say you have ?exchanged letters with the company? ? did these take the form of an objection or a complaint? Even if you didn?t specify these as grievances exactly, they could be accepted as such ? and it will work in your favour if your employer did not follow their grievance procedure or fully consider your objections before you were dismissed.

Normally employers have a Grievance Procedure (ensure you have a copy of this) which they should have followed while you were still there. A failure to follow the Code does not, in itself, make a person or organisation liable to proceedings, however employers and employees are advised to follow at least the ACAS Code of Practice, and not to do so (on either side) can affect any compensatory award you may get. There is plenty of information on the ACAS websitehttp://www.acas.org.uk/index.aspx?articleid=2175

If you do write a further grievance letter, IMO you should include the basic facts (no assumptions, hearsay or emotion) of your grievance, details like dates and quotes from correspondence/emails will help. Your solicitor should be able to help you compose this. However, if you are no longer employed by them, your ex-employer may choose not to take any action but this would be an unwise decision on their part.

You may wish to suggest independent mediation to them; even if you no longer work for them it can still be used as a method of reaching a resolution and settlement. There are loads of expert organisations that specialise in this ? your solicitor may be able to put you in touch with one. Normally, the employer would bear the costs of mediation as this is far more cost-effective for them than preparing and attending a tribunal; and is a far less adversarial approach to the problem. You should be clear in your own mind what outcome you want whether it?s reinstatement or compensation etc.

If your grievance is not resolved amicably and you proceed to Tribunal then all the information and the outcomes will form part of your witness statement. Tribunals expect you to have raised all your grievance points plus any supporting evidence with your employer before going to Court, they don?t like ?surprises? at the hearing. However, do remember a Tribunal is an extremely stressful experience, could last several days and even when you are sure you have a cast-iron case, the employer?s barrister will give you severe grilling and pick holes in your arguments; there is never a guarantee you will win. However, if your solicitor agrees you have a strong unfair dismissal and discrimination case, the burden of proof is on them to justify their actions and you can enjoy watching your lawyers put your ex-employer though the mill!
Good luck!
Wizzie

MissMitford · 11/02/2010 22:55

Thanks so much everyone. The thing is that I am waiting to have the legal insurance 'through' - it's a slam dunk for both unfair dismissal and discrimination.

Wizzie - it was the person on the legal advice line (available until solicitor formal appointed through insurance) that suggested I do a formal grievance letter. After my dismissal, I wrote to my former employer (on an 'open' basis) saying that I thought that their behaviour was appalling and that I wanted to register this as a grievance. They refuted everything (of course) and said that my letter was not a grievance but an appeal against dismissal and if I wanted to register a grievance I should do so formally. since then I have been waiting to sort out the insurance stuff.

hmmmm maybe I should wait until I have a solicitor who I can talk to about it one to one and help me compose a formal grievance letter. It seems that this is a really important letter to write and I would like to do it with a legal eagle on hand.

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