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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47624
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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How long does an employer have to respond to a formal grie

Customer Question

How long does an employer have to respond to a formal grievance?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

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?

JACUSTOMER-x0fi8ir2- :

Not that I have seen but it is a local authority so there probably is.

Ben Jones :

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:

www.acas.org.uk/CHttpHandler.ashx?id=1047

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.

JACUSTOMER-x0fi8ir2- :

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.

Ben Jones :

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.

Ben Jones :

As your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do. I can then continue providing further advice and answer follow up questions if needed. Thank you.

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