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
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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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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