Grievance, Disiplinary proceedings. Getting conflicting advice - what are my rights?

slojo1

Hi,

I have worked for my organisation for less than 2 years.

I am considering raising a formal grievance against the Chief Executive of the organisation. I have written my formal letter, it has been read through and approved by my trade union representative. The reason for the greivance is bullying, aggressive and threatening behaviour. I will not be claiming discimination on any protected characteristics.

By raising this grievance I realise I am putting myself at great risk. I have recieved conflicting advice from various people (trade union, ACAS).

What I would like to know is -

If I raise a formal grievance, and the Chief Executive then decides to sack me (which I suspect he might) would he have to follow a formal disciplinary procedure, including a right for me to appeal? My union thinks he would, ACAS said not. My union rep did then go on to say that it depends what is in my contract. My contract does have a section that mentions something about disciplinary procedures I can't recall exactly what it says however I will check this today.

ACAS said there is no statutory disciplinary procedure, my union said there is. Which is right?

Just to clarify I know I am not entitled to claim unfair dismissal or anything like that. I am just looking for confirmation on whether an employer can dismiss someone without having to declare a reason and follow a procedure.

Although I feel very strongly it is my duty to highlight the issues formally, both for my sake and my colleagues, if I can be dismissed imediately after raising my greivance I want to be prepared for this. I also want to be prepared that I may well damage my chances of future employment if this happens.

Thanks very much

ohreally

Why is the grievance not being heard by your management, why is step 1 directly to the CEO?

ACAS have a code of practice, its not statutory.

http://www.acas.org.uk/index.aspx?articleid=2174

Guest101

You can be dismissed for any reason.


ANY REASON.


(that isn't a protected characteristic).


So if you can be dismissed for ANY reason, do you think this is a good idea?

gwynlas

You have every right to raise your grievance but they also have a right to dismiss you,

It might feel like the right thing to do but think very carefully as it is usually easier to get a job from a job and any employer would require references.

Leave and write your grievances into your resignation letter

slojo1

Thanks for the responses so far. Much appreciated. To answer some questions -

'Why is the grievance not being heard by your management, why is step 1 directly to the CEO?'

I have discussed the incident with my line manager and their manager too (who was actually present during the incident). They both apologised and understood that what happened was horrible. I let them know I was going to raise a grievance, the grievance policy (when the concern is about the Chief Exec) is that it needs to be investigated by the Board of Trustees. Do you mean I may need to send the letter to my line manager in the first instance?

[EDIT: just looked at the policy, it's unclear, it doesn't say who I need to SEND my letter to if the complaint is about the Chief Exec, it just says it would be investigaed by the Board. I probably need to clarify this if I do decide to go ahead].

'So if you can be dismissed for ANY reason, do you think this is a good idea?'

Quite possibly not, I am trying to make an informed decision about this.

'Leave and write your grievances into your resignation letter'

I have thought about this, leaving and starting employment elsewhere and then sending my letter at this point (obviously explaining why I am doing this). I would still achieve my aim of highlighting the concerns but with less risk to myself.

Undervalued

slojo1 wrote: »

I am just looking for confirmation on whether an employer can dismiss someone without having to declare a reason and follow a procedure.

Basically yes and yes.

If your firm has a CONTRACTUAL grievance and disciplinary procedure (check carefully, many are not) and they fail to follow it you may have a claim for WRONGFUL dismissal for which there is no qualifying period.

However, that wouldn't stop you being sacked. All it would get you is a few days pay (maybe a couple of weeks) for however long it would have taken them to do it by the book.

slojo1

Undervalued wrote: »

Basically yes and yes.

If your firm has a CONTRACTUAL grievance and disciplinary procedure (check carefully, many are not) and they fail to follow it you may have a claim for WRONGFUL dismissal for which there is no qualifying period.

However, that wouldn't stop you being sacked. All it would get you is a few days pay (maybe a couple of weeks) for however long it would have taken them to do it by the book.

Thanks. You have just reminded me - this is what my contract says I think, the policy is NOT contractual I am sure.

Guest101

slojo1 wrote: »

Thanks. You have just reminded me - this is what my contract says I think, the policy is NOT contractual I am sure.

If it's not contractual, then it doesn't exist as such...

slojo1

Thanks for clarifying. It's frustrating that I am so vulnerable and am unable to raise an important concern but I understand that that is how it is. A person could essentially be victim to endless abuse, bullying and threats (worse than I have been) and have no options open to them except to leave the job.

Guest101

slojo1 wrote: »

Thanks for clarifying. It's frustrating that I am so vulnerable and am unable to raise an important concern but I understand that that is how it is. A person could essentially be victim to endless abuse, bullying and threats (worse than I have been) and have no options open to them except to leave the job.

Not quite.


There are of course some criminal offences related to such things.

slojo1

Guest101 wrote: »

Not quite.


There are of course some criminal offences related to such things.

Yeah true. I guess maybe harassment and intimidation possibly but it seems unlikely to stick.