Employment Law: Raising a Complaint Norwich
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Norwich
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Great Yarmouth
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Clacton On Sea
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Epsom
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Gillingham
Raising a Complaint
Raising a Complaint about your EmployerWhere you have a complaint about your employer, whether whilst you are employed, or following a dismissal, you should raise this complaint formally under the employer's grievance procedure. For those wishing to make such a complaint, the Statutory Grievance Procedures largely mirror the provisions relating to dismissal and disciplinary procedures . The Standard Grievance Procedure is undertaken in three steps as follows: Step 1 The employee must set out the grievance in writing and state the basis for it. The statement or copies of it must then be sent to the employer. Step 2 The employer must invite the employee to attend a meeting to discuss the grievance (which the employee must make all reasonable effort to attend). The meeting must not take place unless the employee has provided the employer a written Statement of Grievance and the employer has had a reasonable opportunity to consider its response to that information. After the meeting has taken place, the employer must inform the employee of its decision on the grievance and notify the employee of the right to appeal against the decision if not satisfied. Step 3 Appeal - If the employee wishes to appeal, he must inform the employer. The employer must then invite the employee to attend a further meeting (which the employee must again take all reasonable steps to attend). After the appeal meeting, the employer must inform the employee of its final decision. The Modified Grievance Procedure is a written short form procedure with no appeal. It is carried out as follows: Step 1: Statement of Grievance The employee must again set out the grievance in writing and state the basis for it. The statement or copies of it must then be sent to the employer. Step 2: Response The employer sets out in writing their response and sends a copy to the employee. The Modified Procedure is only appropriate in situations where employment has already ceased or if both parties have agreed in writing to undertake it. New rules now place a restriction on an employee from bringing a complaint to the Employment Tribunal unless they have used the requisite Grievance Procedure. This means that an employee must have written to their employer setting out their grievance. A claim cannot be presented to the Tribunal until 28 days after this step has been complied with. |
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