If you leave a job but still have an outstanding grievance, you can pursue it using a shorter two-step procedure known as the modified procedure if:
- you and your employer agree in writing to use the modified procedure
- your employer did not know about the grievance procedure or the procedure was either not started or was started but not completed before you left the employment.
The two steps are:
- you send a written statement of grievance to your former employer
- your former employer writes back to you, answering the points you have raised.
Consequences of not following the statutory grievance procedures
Not following the procedures could have serious implications:
- unless you have first put your grievance in writing and you have allowed at least 28 days to pass, as a general rule you will no longer be able to make a claim in an employment tribunal, unless your grievance is about dismissal
- if the grievance, disciplinary or dismissal procedures have not been followed before the case goes to tribunal, the tribunal will decide whether it is the fault of the employer or you. If it is you, any money awarded will normally be decreased by at least 10% and possibly up to 50%. If the employer is at fault, any money awarded will normally be increased in the same way.