The following Employment guidance note provides comprehensive and up to date legal information covering:
Note: this letter is drafted in general terms without a specific situation in mind. You will need to tailor the letter if advising about a specific employee on particular facts.
If the employer has its own grievance procedure, you will need to cross-refer to it throughout the letter, in relation to each stage of the procedure and in relation to any timescale set down by the procedure. If the grievance involves discrimination or bullying/harassment, then the employer’s procedures for these will also be relevant and more detailed advice included on how to handle the allegation, including possible disciplinary action against any perpetrator.
[Name and address of client]
Dear [name ]
I am writing to set out my advice regarding how to handle a grievance raised by an employee. The main reason that grievances must be handled carefully is to avoid as far as possible claims for constructive dismissal and unlawful discrimination. A key issue will be your documenting the various stages along the way, as a ‘paper trail’ can greatly assist in defending employment tribunal claims—I deal with this issue at the end of this letter. Another important factor is following [your own grievance procedure as well as complying with] the Acas Code of Practice on Disciplinary and Grievance Procedures (and the further guidance on it)
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