Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today. Is there a formal grievance policy in place with that employer?
Not that I have seen but it is a local authority so there probably is.
The first step would be to check if there is a workplace policy that specifies a period for a grievance to be dealt with. In the absence of such you need to refer to the ACAS Code of conduct:
It states that " Employers should arrange for a formal meeting to be held without unreasonable delay after a grievance is received."
The guidance notes to the Code also state the employer should "arrange a meeting, ideally within five working days".
Of course if there are genuine reasons why this may not be possible a reasonable delay would be allowed.
One of the managers named in the grievance has now gone on holiday for 3 weeks. I handed the grievance in on the tuesday 3rd sept, she left for hols on tuesday 10th sept and to date I have had no response to the grievance other than to say they had received it and would be in touch.
if someone is on holiday then the grievance can be delayed until they return. There is no obligation on an employer to force someone to return early or to bother them whilst they are away, if their evidence is needed to investigate the grievance then it can only be gathered once they are back into work. Of course if they are away for a prolonged period, months instead of weeks, other arrangements may be made, but 3 weeks is not an unreasonable delay in the circumstances.
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