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
