Assistance with Tribunal Advice

Peanutmac30

Hi, I have searched the web for this information, but seem unable to find anything...

Can any of the employment law specialists on here tell me what the rules are surrounding submitting a tribunal around a grievance.

A colleague submitted a grievance against her boss and also an appeal against her dismissal back in September. She had an appeal and grievance hearing in October and has STILL not received an answer, despite chasing them up several times.

Despite her official leaving date being mid-Sept, does she still have a case for a tribunal on the grounds that her grievance has not been dealt with? If so, would this be classed as Breach of Contract?

She has been treated really badly by the company - not given proper support, wasn't given letter of notice until over 2 weeks after she'd had a discussion with her boss, and even then only after she had complained twice to the company about events, was supposedly dismissed on the grounds of unsuccessful probationary period, but wasn't given any chance to speak for herself and had requested training and support on several occasions (noted in her grievance).

Sadly as she is short service, she can't claim unfair dismissal (despite being told at her dismissal meeting that she was being made redundant, then later being told in her letter that it was failure of probationary period), so I am wondering if she can do anything about the huge delay - she was signed off by her GP mid-notice period as a direct result of the stress she was under, and this is still a problem for her as she has been unable to put the matter to bed.

Any advice as to how best to proceed would be appreciated.

Thanks.

cockaleekee

You have already had this question answered:

https://forums.moneysavingexpert.com/discussion/4408859

Peanutmac30

Not entirely, nowhere on that thread does it tell me how long someone has got to lodge a claim against an unsatisfactory grievance - this is what I need to know.
Thanks

Uncertain

Peanutmac30 wrote: »

If so, would this be classed as Breach of Contract?

Only if her contract had a contractual disciplinary and grievance procedure (which would be rare). Although wise for firms to follow the ACAS guidelines there is no longer a statutory requirement to do so.

Even in the unlikely event there was a contractual requirement to follow a laid down procedure the maximum she would be likely to get would be a few days pay i.e. how ever long it should have taken to do things properly.

...... she was signed off by her GP mid-notice period as a direct result of the stress she was under, and this is still a problem for her as she has been unable to put the matter to bed.

If she has medical evidence that the employer caused her illness then she MIGHT have a personal injury claim although this would be very hard to prove.

Any advice as to how best to proceed would be appreciated.

To be blunt, move on I'm afraid.

The real problem is that without long enough service to have protection from unfair dismissal the firm could simply have terminated her employment without even giving a reason. All they would have had to pay was her notice and any outstanding holiday.

cockaleekee

Peanutmac30 wrote: »

Not entirely, nowhere on that thread does it tell me how long someone has got to lodge a claim against an unsatisfactory grievance - this is what I need to know.
Thanks

It seemed clear to me - the relevant date is when the employment ceased.

Peanutmac30

cockaleekee wrote: »

It seemed clear to me - the relevant date is when the employment ceased.

So if I still worked for my employer, and put in a grievance which wasn't dealt with what date would I use as the 3 month guideline? Sorry, if I wasn't clear on this (I appreciate that she has left, but if she hadn't then surely there is a guideline for this)?

Peanutmac30

Thanks Uncertain, that is most helpful. Is it worth trying anyway, being that she now has nothing to lose?