Employees sometimes make complaints and specifically request that their employer deals with the matter informally. However, employers should be aware that they are required to follow the statutory grievance procedure once a complaint has been put in writing by an employee.
In a recent case, an employee had a complaint of race discrimination against his employer. The employee wrote to his employer, explaining his complaint and suggesting that it should be dealt with informally. In the letter, the employee said that if his complaint was not resolved within 14 days, he would then lodge a formal grievance letter.
The company rejected the grievance. However, it did not notify the employee of his right of appeal in accordance with the statutory grievance procedure, as it did not consider that the statutory procedure had been activated. The company assumed that the employee would go on to submit a formal grievance if he was not satisfied. Instead, the employee resigned and subsequently submitted a tribunal claim for race discrimination.
The Employment Tribunal (ET) decided that it had no jurisdiction to hear the claim because the employee had not initiated the statutory grievance procedure. On appeal, the Employment Appeal Tribunal found that if the grievance is sent in writing to the employer, that is sufficient to commence the statutory grievance procedure. It is irrelevant that the grievance states that it does not fall under the statutory procedure. Therefore, the ET did have jurisdiction to hear the employee’s claim.
Employment Specialist at Frettens Solicitors, Kate Fretten, says “Where an employer does not follow the statutory grievance procedure, the compensation awarded to the employee can be increased by up to 50%. A reasonable employer should deal properly with each grievance raised, even if the employee asks for it to be dealt with informally. Employers should not be confused by the label an employee attaches to any workplace concern.”