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28 May 2009 / Tom Walker
Issue: 7371 / Categories: Opinion , Disciplinary&grievance procedures , Employment
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New beginnings

Tom Walker says it’s time to review our approach to grievances

A sceptical view of the grievance process has always been that it was no more than the first step in litigation. Owing to the legal requirement to enter a grievance under the Employment Act 2002 (Dispute Resolution) Regulations 2004 (SI 2004/752) (the Regulations), at times its status simply became procedural. However, with the birth of the new procedure last month, is it time to reassess our attitude to grievances?

Despite the ever-changing, finer definitions of constructive dismissal, it was a general rule of thumb that someone who resigned claiming constructive dismissal ought first to enter a grievance to show that they had attempted some form of resolution. Having entered their grievance and having had it turned down they could then proceed with their claim. Following the Regulations this, of course, became a legal requirement.

Adversarial
The situation all too often became one of attack and defence. The employee digging up every upset suffered in their career and the employer closing management ranks and refusing to give an inch. Perhaps this is just an inevitable

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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