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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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I have a grievance appeal with my employer at the moment.

Resolved Question:

I have a grievance appeal with my employer at the moment. my original greavance outcome was 30th 'May 2014 where the greavance was upheld but I was not given my desired outcome of a job with the relevant salary, I put an appeal in on the 27th June 2014 I received a letter of acknowledgement on the 17th July 2014 than heard nothing until I rang my employer on 7th August enquiring about my appeal I was told it was due to annual holidays that a suitable manager hadn't been assigned to my appeal. I received a letter 14th August confirming our telephone conversation and that I had not been assigned a hearing manager who would be in touch with me. I received at letter 21st August 2014 a meeting to hear my appeal had been arranged for 3rd September 2014 at 3pm. On the morning of the 3rd I received a call from HR Department advising me that the Hearing Manager had gone sick therefore hearing has had to be cancelled, she also informed me that the hearing manager from my original greavance was going on fortnight annual holiday therefore no new date could be set yet. I have rang the HR department this morning. 18th September to enquire whether a new date had been set as this manager should be back from holiday next only to. Be told that she had spoken to my union rep who is now fortnight annual holiday. I am off work with work related stress due to this greavance and am due to go on half salary on the 13th 9ctober2014 and I had really hoped this would be resolved by than. My question is does my employer have to follow any time line to an appeal and if so do I have any come back when clearly this has gone on far too long which isme laying my return to work and adding to my already stressful situation . Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked for your employer for?

Customer: It will be 18 years in December.
taratill :

Does the grievance procedure itself give time lines or not?

Customer: Yes it does unfortunately I don't have a copy of the procedure at home and have been unab,e
Customer: Sorry about that. Contd. I have been unable to access it on our intranet.
taratill :

No problem I would suggest you phone and ask them to email you a copy. It is highly unlikely that they are working to the timescales in their own procedure and in any event any procedure should be reasonable which clearly is not happening here.

taratill :

You can raise a further grievance to say that their failure to deal with matters promptly is in breach of their own proceure (if this is the case)

taratill :

In addition you can say it is in breach of the implied contractual duties of trust and confidence and to take care of your health and safety and that your health is suffering as a direct consequence.

taratill :

You can say that if matters are not now swiftly addressed you may have to consider resigning and claiming constructive dismissal. Obviously that would be a last resort.

Customer: Thank you I will take your suggestions to my union representative, as he seems to think I have no redress and just has to wait and that the appeal decision is final.
taratill :

NO problem If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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