What should an employer do if an employee who has submitted a grievance then submits a claim to the tribunal before the grievance has been dealt with?

Posted in : First Tuesday Q&A NI on 7 August 2018
Chris Fullerton
Arthur Cox NI
Issues covered:

Firstly, employers should note that there is no legislative prohibition on an employee commencing a tribunal claim before their grievance has been concluded. In fact, it is relatively common for employees or ex-employees to bring a claim prior to a grievance outcome being reached. This is due to the strict time limits set by tribunals for bringing a claim e.g. three months from termination for unfair dismissal and three months from the last act complained of for discrimination claims.

Therefore, even after a claim has been submitted, employers should continue to carry out the grievance process (which should be clearly set out in the contract of employment or appropriate policy document).

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Back to Q&A's This article is correct at 07/08/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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