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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can I continue to pursue a Grievance about unfair treatment

Resolved Question:

Can I continue to pursue a Grievance about unfair treatment at work if I am made compulsory redundant? My Union rep (UNITE) says not, and that the Grievance will be closed as soon as I leave (if it comes to that), since it is an internal procedure that is under the University's control.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.ehat is the grievance for?
Customer: replied 1 year ago.

It's about:

(1) How I've come to find myself facing redundancy when I've been carrying out a substantive role for the past two years (but one that never had a Job Description, which is why I remained on the 'Redeployment Register'). It's also a line of work (Bibliometrics/citation analysis) that is supposedly of increasing importance to the University and my Line Manager is stressed out of his mind with his ever-increasing workload;

(2) How nothing whatsoever was done to help me find another role when my former (Scholarly Publications) role disappeared, despite there being an official University policy to help all such staff. When I asked about this, a Senior HR Manager said that 'Meetings had been held', but when I pushed for details (since I obviously wasn't present at any such meetings, a clear procedural breach), my emails went unanswered;

(3) About how my former role was not analysed correctly, which now means that my salary has now been dropped to a level that I last earned in 1998 (I have worked here since 1990).

Expert:  Ben Jones replied 1 year ago.
It is true that once your employment terminates the employer is no obliged to continue with the grievance process. A grievance is an internal procedure and once your employment terminates the employer will have no further obligations towards you in terms of dealing with your grievance. However, if the grievance remains unresolved and you believe that you have been unfairly dismissed (e.g. the redundancy was not carried out correctly) then you have the option of considering a claim for unfair dismissal in the employment tribunal. That is an external procedure and the employer cannot choose whether to ignore it or not so they will have to defend it if it is made against them. 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
Customer: replied 1 year ago.

If I submitted my Grievance two weeks ago, though, is the University obliged to at least start to investigate it (parts of which could be resolved very quickly, I believe), instead of just taking the attitude of, 'Oh well, she'll be leaving in another few weeks anyway, and so why should we even bother?

My Union seems to think that this attitude is reasonable, but I do not.

Expert:  Ben Jones replied 1 year ago.
It needs to be investigated without unreasonable delay, although the law does not stipulate what a reasonable time to do so is. If you have a few weeks left then they should at least start to investigate it in the meantime. They need to follow the ACAS Code of Conduct in the circumstances: http://www.acas.org.uk/media/pdf/f/m/Acas-Code-of-Practice-1-on-disciplinary-and-grievance-procedures.pdf
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46792
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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