I am appealing against a grievance. I attended the original hearing after I resigned. Any points I made were misrepresented in the minutes. I objected. I have asked for the appeal to revert to the modified grievance procedure were I will submit comments in writing but this has been rejected.

I want to do this in writing due to the stress it caused me first time round. I am currently unable to wrok due to stress agravating a medical condition. The first meeting was a wasted exercise for me. They simply used it to discredit my claim and left out everything that supported it.

Can I avoid this appeal hearing without damaging my case???????

I think because you've already started the Grievance Procedure using the standard process it may be difficult to change to modified.  Is the grievance post termination?

I know it could be difficult but attend the hearing, make sure you're accompanied and try to make use of your own recording equipment. Make sure you cover all the points you think were misrepresented.

It is post resignation. The tribunal CMD is very soon. I believe they have timed their replies such that I would have to deal with quite alot in a tight deadline. I think this may have been deliberate on their part so as to disrupt my preparations. They have been very difficult throughout.

I feel it would be in the best interests of the truth to submit my statements in writing. They will not be able to change this to suit their own legal case; as they did with the minutes.

Either way, I will not attend the grievance as I must consider my health more important.

I intend to advise them that I will not attend and submit a statement in writing. Should they consider this a reasonable adjustment in terms of the disability discrimmination act?

and will this damage my claim???

Thanks in advance

I don't think doing that will damage your claim and they have a duty to treat your grievance fairly.  In my opinion it would damage their defence more by not acting appropriately to your requests.  For the employer I suppose it's a question of what is just and reasonable.  A subjective one and their call but in line with DDA I'd say it would be a prudent move by the employer. One they'd certainly be questioned over if they chose to stay with the standard process.

The result I wanted was for them to consider the points of the grievance and then respond to them. They chose to pretend I never made the points and ommitted them from the minutes such that it looks like I had no grounds for grievance. If it looks like I didn't get the result I wanted it's because I didn't. A fair and proper application of the grievance process would have suited me fine even if they then made the same decisions. Though this would have been very difficult for them.

As a Lay man, I failed to understand the point of the grievance process post resignation as they were never likely to uphold them. It only added to my ill health and distracted me from other important requirements of the tribunal process. There is no question I have not handled the process particuarly well but I did approach it in the spirit it was intended with absolute honesty. Unfortunately I feel I have had a problem 'playing lawyer' with their legal team through this. My ill health and inability to concentrate left me less than equipped to do so; especially in the deadlines they imposed.

Switching the process would have solved two problems. a)They could not alter my statements b)It would save me alot of stress.

Having disabilities, now no job and an ongoing tribunal claim process is proving very stressfull for me without having to attend the workplace that forced me into this position as well, for a 2nd time.

The Tribunal proceedings have already started and this is stressfull enough.

The result I wanted was for them to consider the points of the grievance and then respond to them. They chose to pretend I never made the points and ommitted them from the minutes such that it looks like I had no grounds for grievance. If it looks like I didn't get the result I wanted it's because I didn't. A fair and proper application of the grievance process would have suited me fine even if they then made the same decisions. Though this would have been very difficult for them.

As a Lay man, I failed to understand the point of the grievance process post resignation as they were never likely to uphold them. It only added to my ill health and distracted me from other important requirements of the tribunal process. There is no question I have not handled the process particuarly well but I did approach it in the spirit it was intended with absolute honesty. Unfortunately I feel I have had a problem 'playing lawyer' with their legal team through this. My ill health and inability to concentrate left me less than equipped to do so; especially in the deadlines they imposed.

Switching the process would have solved two problems. a)They could not alter my statements b)It would save me alot of stress.

Having disabilities, now no job and an ongoing tribunal claim process is proving very stressfull for me without having to attend the workplace that forced me into this position as well, for a 2nd time.

The Tribunal proceedings have already started and this is stressfull enough.

Steve,



As you say as a lay man you make a very valid point about the grievance
process. The intent behind the Govt introducing post termination process was in
an attempt to reduce the number of Employment Tribunal claims. In that it hoped
by forcing employers and employees to at least raise the issue(s) after a
termination that the issues would be discussed and potentially resolved without
the need for the ex-employee to proceed to a tribunal. In theory a good idea,
but in practice it has not worked - the number of claims has not reduced and
all it has done is force both parties down a route prior to a tribunal claim,
which they both may not have any investment in or interest in resolving, its
just another tick in the box before the way is clear to a tribunal.



The feeling amongst the HR community is that it has not worked and certainly
not added much in terms of potential resolutions. So much so now the Govt is
currently consulting with professionals over the modification/removal of the
post termination grievance process - which is likely to happen sometime next
year. Too late for you sadly.



I do sympathise with your situation and what you must be going through with
your disability as well the potential tribunal case.



However, the point of the appeal would have been for you put the points that
you felt they omitted. Yes they could sill decide to ignore if that is the
case, but would have been on record, and would certainly have done them more
damage than you potentially. I think the situation as it stands at the moment
is in your favour, however, you will be asked as to why you didn't appeal, and
the ET may reduce any eventual award as you did not fully utilise the process.



Not sure how the matter has progressed to tribunal if you are still at the
grievance stage. Normally they will grant a 3 month extension to allow the
process to be completed, before a hearing, unless you are just at the CMD Case
Management Discussion stage, but this still sounds a bit premature.



I do hope you have legal representation for the tribunal. The Disabilities
Rights Commission can help you in this regard, and take the case for you. I
know from past experience when an ex-employee was represented by them and force
a settlement. I'm pretty certain they have changed their name now - not sure
what to.



Hope this helps and good luck.



Adrian Dobson PDS-HR.com

Thanks for your advice everyone.

Adrian, can you post a link to the disability rights commision that might represent me? I am unable to find it.