>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.
Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.
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?
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
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