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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48196
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can a company legally ignore a grievance (s)??

Resolved Question:

Can a company legally ignore a grievance (s)??
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail
Customer: replied 2 years ago.

My apologies had to go out for a few of hours. My situation is extremely complex, and I do not think that without seeing related paperwork and knowing more of the history (this has been on going for some time) you will be able understand fully. In brief, I submitted a Grievance to the Company on 1st September 2013 relating to be being bullied. Although acknowledged and a promise of being contacted - nothing ever came of it. I have chased the Union on many occasions but I believe they have been negligent and are covering up by a union officer stating that a Company has no legal responsibility to address grievances. I hope this helps.

Kind Regards

***** *****

Expert:  Ben Jones replied 2 years ago.
Hello Stephen, an employer does have a duty to deal with grievances in a formal manner and this is something expected of them under the ACAS Code of Conduct (page 10 onwards):
http://www.acas.org.uk/media/pdf/f/m/Acas-Code-of-Practice-1-on-disciplinary-and-grievance-procedures.pdf
Failure by an employer to deal with a grievance fairly or at all could make them in breach of the Code and also in breach of the implied term of trust and confidence which exists in every employment relationship. The affected employee could then consider resigning and making a claim for constructive dismissal. However, that is not really an option for you as such actions must be done without undue delay and if this happened in 2013 t is way too late to argue that you are resigning in response to the employer’s failures.
So you could try raising a new grievance but it should really be on more recent grounds – for example if the bullying has continued then you could use these more recent examples to make your complaint. Relying on the old facts could make your complaint weak and the employer could refuse to deal with them now. You should have taken more formal steps at the time but leaving it for 2 years means that your position in terms of challenging what happened (or has not happened) means your rights have now weakened somewhat.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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