Submit grievance before unfair dismissal?

marmage

I'm currently under a disciplinary investigation which I believe is being handled unfairly. I’m considering raising a formal grievance about HR’s conduct in the process. Should I submit this grievance before any decision on dismissal is made? I’ve been employed here for less than two years and am not currently a union member, so I’m unsure what support options are available to me at this stage.

Marcon

marmage said:

I'm currently under a disciplinary investigation which I believe is being handled unfairly. I’m considering raising a formal grievance about HR’s conduct in the process. Should I submit this grievance before any decision on dismissal is made? I’ve been employed here for less than two years and am not currently a union member, so I’m unsure what support options are available to me at this stage.

How does this tie in with your previous post: https://forums.moneysavingexpert.com/discussion/6619537/i-am-a-witness-should-i-approach-investigator/p1

It's hard to think that the two are unconnected, but of course they may be.

marmage

They tie in, but I'm yes I am speaking for someone else in this post

QrizB

Join your union ASAP.

Even if they refuse to help with whatever the grounds for dismissal are (since it predates your joining), they should still be able to help with your grievance.

Emmia

With less than 2 years employment, your friend/you can be dismissed for any reason...

marmage

Emmia, would he have a right to appeal if that's the case, or are you saying the company can literally do whatever they want, right or wrong

LightFlare

marmage said:

Emmia, would he have a right to appeal if that's the case, or are you saying the company can literally do whatever they want, right or wrong

they can "release" for whatever reason they wish as long as its not based around one of the current protected characteristics

marmage

What is protected characteristics? So that's it? You know you've been treated unfairly and your colleagues are avoiding you like the plague because they've been alerted to the situation, and you just walk away?

Emmia

marmage said:

What is protected characteristics? So that's it? You know you've been treated unfairly and your colleagues are avoiding you like the plague because they've been alerted to the situation, and you just walk away?

• Age: This covers people of all ages. 
• Disability: This includes both physical and mental impairments. 
• Gender reassignment: This refers to the process of transitioning from one gender to another. 
• Marriage and civil partnership: This protects individuals in these legal relationships. 
• Pregnancy and maternity: This covers the period of pregnancy and maternity leave. 
• Race: This includes colour, nationality, and ethnic or national origins. 
• Religion or belief: This covers all religions, as well as philosophical beliefs like atheism. 
• Sex: This refers to whether someone is male or female. 
• Sexual orientation: This covers whether someone is heterosexual, homosexual, bisexual, etc. 

You'd have to be able to cite one of these as the reason for the action/dismissal.

Emmia

marmage said:

What is protected characteristics? So that's it? You know you've been treated unfairly and your colleagues are avoiding you like the plague because they've been alerted to the situation, and you just walk away?

Actually yes, walking away can be the best thing.

Whilst a company wide memo won't go out saying X is the subject of an investigation, those involved will know about the investigation, even if they can't discuss it with colleagues who are not involved, and this could manifest itself in various ways.

If your colleagues don't want to be around you, then you can end up in a situation where people are civil, but not friendly towards you. In that situation why on earth would you carry on working there? 

If the investigation is about bullying, harassment (sexual?) then whatever the outcome/findings you'll probably forever be on a tightrope in the workplace. As they say "there's no smoke without fire".

It's really best to learn any lessons and move on.

Jaybee_16

https://www.acas.org.uk/disciplinary-procedure-step-by-step/step-2-following-a-fair-

If the employee raises a grievance

If the employee raises a grievance during the disciplinary procedure, the employer can pause the disciplinary and deal with the grievance first.

It might be appropriate to deal with both at the same time if the grievance and disciplinary cases are related.

The key here is 'can pause the disciplinary'. The employer is not obliged to.