Employment procedures play a vital role part in resolving disputes between employers and employees and failure to follow them can significantly effect any tribunal claim.
As an employee, you should have at your disposal a company grievance procedure that will enable you and your employer to effectively resolve any grievances raised by you. Your employer is obliged to give serious consideration to any such disputes.
Though the procedure will not form part of your contract and is therefore not strictly binding, it is essential that you submit your grievance in writing to your employer in accordance with the first step of the procedure, as set out by ACAS. Failure to do so could adversely effect any claim you bring against your company.
There should also be in place a disciplinary procedure designed to ensure that you, as an employee, subject to scrutiny, are given a fair opportunity to argue your case and, if necessary, appeal.
Before reaching a decision, your employer should thoroughly investigate the matter before informing you in writing of the problem and inviting you to a hearing, where you will be entitled to be accompanied and argue your case.
If your employer does not comply with a fair procedure and dismisses you, subject to your length of employment, you could have a successful claim for unfair dismissal.
Non-Compliance with Employment Procedures
If your employer does not follow the necessary process in relation to any grievance raised by you or disciplinary matter and you subsequently bring a claim, a tribunal could increase any award achieved by up to 25%.
Equally, if you do not comply with the steps to be followed by employees, any tribunal award could be reduced by up to 25%. In some cases failure to submit a grievance can even bar you from issuing proceedings against your employer.
If you are subject to disciplinary proceedings or have a grievance you wish to raise with your employer and are unsure what to do or feel you are being treated unfairly then give us a call. Our team of Employment Law specialists can advise you of your position, draft letters on your behalf, walk you through the next steps to be taken and issue proceedings against your employer.