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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Over 3 months ago I submitted a grievance procedure against

Resolved Question:

Over 3 months ago I submitted a grievance procedure against my employer citing breaches of H&S legislation and lack of duty of care. This was as a result of a breakdown in my health due to stress caused by overwork and my line manager's oppressive refusal to address the issue. The grievance has just been listed for mid October but now the employer wants to separate the grievance into 2 separate hearings. One focusing on the bullying aspect of the case, the other on the H&S aspects. They are strongly inter-related and a separation of the issues is likely, in my view, to weaken both cases - bullying, in particular, will be very hard to establish without the breaches of the H&S legislation being taken into account. It also means two separate stressful processes to endure. Is this usual, or acceptable?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Ben Jones :

To be honest there is no specific law that deals with this. The main legal reference to grievances in the workplace and how they should be handled is the ACAS Code of Conduct and that is silent on the issue. Therefore, how such an issue is handled will very much be left down to the employer. Whilst the employer may wish to separate the two issues, there may still be aspects from both, which can be brought up in both meetings. It is important to note that the employer does not need a specific document which allows for the issues to be separated – this can be done if they believe that they are dealing with two separate issues and that they need to be looked at as two distinct matters. If you disagree all you can do is challenge them at this stage and then also bring this up on appeal. However, it is not possible to force the employer to keep them together, especially as there is no law or other legally binding rules which would prevent them from separating the issues. Your rights will become clearer once the grievance procedure has actually been completed and you know what the outcome is – that is when you can appeal, challenging the earlier decision to separate them, and if necessary take the next step in dealing with this, which would be to resign and claim constructive dismissal.

Ben Jones :

Can I clarify anything else for you in relation to this?

Customer:

Your system says you haven't finished answering, so can't, at the moment, rate the reply. Will do if system allows, or do you have something to add?

Ben Jones :

Well the above is the initial reply, I can of course answer any follow up queries you may have in relation to it?

Customer:

No, think this clarifies the matter for me. It was useful info, so thanks.

Ben Jones :

you are welcome, all the best. Also apologies if you cannot rate, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here (e.g. OK, Good, Excellent) then we will process it manually later. Thank you

Customer:

Good Service, so smiley face.

Ben Jones :

many thanks, ***** ***** case it does not work :)

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