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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50209
Experience:  Qualified Employment Solicitor
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Employment issue

Customer Question

I put an official grievance in About an issue at work - this was investigated and I received an outcome letter there was no mention on the letter or at the outcome meeting of my right to appeal. This was a few months agoi can I still appeal the grievance outcome ?
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. How long have you worked there for and what was the nature of the complaint?
Customer: replied 2 years ago.
12 years and it was about the behaviour of another employee - parts of the grievance were upheld
Expert:  Ben Jones replied 2 years ago.
By law you are entitled to appeal the outcome of the grievance if you are unhappy about it. The employer should have advised you of your right to do so. Ideally you should have asked to appeal at the time or reminded them that you should have been given that opportunity. They may take try and argue that by not raising the issue at the time you had accepted the situation as it was and have now forfeited the right to appeal. At the same time you can argue that they never advised you that you can appeal and that they have not followed the ACAS Code of Practice. So they should allow you to appeal even after the time that has passed. The issue is that if they do not allow you to appeal you cannot force them to. Apart from raising a further grievance you are really only looking at resigning and claiming constructive dismissal. So it can be a risky move if you opt for resignation if you have not managed to persuade them to allow you to appeal but hopefully it won't get to that.
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 2 years ago.
Thank you for the above - after raising a grievance should I be able to return to your old position with no detrimental effect from management or the person you put the grievance in against ? Should this be communicated in writing from the company ?
Expert:  Ben Jones replied 2 years ago.
Have you experienced any detrimental treatment?
Customer: replied 2 years ago.
I have been asked to move to another department - can they make me do this ?
Expert:  Ben Jones replied 2 years ago.
Does your contract state you can be moved?