Employee Grievance stage 2

[may1day]

What is to be expected ?

[Maydup]

Its not easy to answer with such little to go on. But at a guess, stage 1 is where the employee submits the grievance in writing to the employer. The employer holds a greivance meeting and then trots off and investigates the problem, interviews people, talks to managers and finds out whats been going on to upset the grieved person.

Stage 2 is likely to be the employer coming back to the grieved employee either in writing or via another meeting to tell them the result. It could be they want to discuss it some more, could be they offer a straight solution, or it could be they do not find the grievenace valid and take no further action.

Stage 3 is the employees right to appeal to the next level up.

Does that help? Or can you give anymore info?

[owdhamer]

if an employer decides to sack an employee, he is going to be sacked, may be not there and then , but he will go.

[buildersmate]

Raising a grievance is not about dismissal, owdhamer (or 'sacking' as you insist on calling it). Perhaps best not to comment if you know nought about these things.

[may1day]

your right nothing at all to do with dismissal, its a formal stage of complaint.

[factor-fiction]

Hi- what happened in Stage 1, may1day?

[may1day]

Stage 1 - was where i presented my argument to employer at an informal meeting. They disagreed that I had the right to work for the other half of my post after the resignation of colleague. My argument being that I had been a job share through custom and practice, thiers being we both had part time contracts not jobshare ones.

[factor-fiction]

Good luck with your grievance. I'd have thought that in law they could decide it is a separate part time role and they want the flexibility to have two part timers, or the right to choose the best person for the other role (which they may feel isn't you)- but I hope you succeed

[factor-fiction]

Anyway, I think stage 2 will probably be as Maidup suggests- they will come back with their decision and/or discuss options

[woofgang]

Your hr dept or manager should be able to give you a written copy of the grievance procedure and process....actually making sure that all parties have one is usually part of th process.

[tomestone]

The answer is if your contract states part time then this is the case,full stop.if there is no contract stated then custom of practice will be in effect.A contract should be presented in statutory terms within three months of being employed.If you have no been given a contract then you can a breech of statutory rights.ps,this is why all employees should be in a union.

[factor-fiction]

^"...this is why all employees should be in a union"

I'm not sure that follows. Your statutory rights(eg to a written statement of the main terms and conditions) still applies even if you are not in a union

[woofgang]

Not sure about the custom and practice thing. When i worked in the NHS, it was standard to review a post whenever someone left to ensure that the post was still what the service required. This happened with both part time posts and job shares and the new post was advertised according to what the service needed.

[buildersmate]

Woofgang
The 'custom and practice' thing referred to above is more correctly known as an 'implied term'. It basically says that if one has enjoyed the benefit of some aspect of one's employment for a length of time, it becomes an implied term and can be treated as part of one's contractual terms. For example if employees have been given holiday on Christmas Eve without it being part of holiday entitlement and nothing was ever said or written on confirm otherwise, it could be argued that the CE holiday has become an implied term.

May1day
Whilst I don't wish to discourage you, if you have something from your employer that confirms your contractual hours as x per week (and you should have, or the employer has fouled up), I don't see how whether your role is job share or part-time working changes anything in law. But do take the grievance process through, now that you have started it - a senior manager reviewing the situation under a the grievance process may be willing to accept your proposals.

[tonywiltshire]

I largely agree with BM. As others have said if you have a part time contract rather than a job share contract of employment you do not have the right to demand the other half of a job share post .I assume your argument is that it is an implied term as “the parties to the contract have shown by their behaviour their acceptance of such terms”. There is no time limit, in the situation you describe, when a working practice becomes an implied term, clearly the longer the better.
I wish you success in your negotiations.

[may1day]

Oh well here I go this week. Union Rep things I have a good chance but who knows..Perhaps next stage will be better, when people outside of department hear it. Just hoping not to be intimidated.

[may1day]

Appeal time now for Grievance - is there any chance a negative decision stage 1&2 will be overturned.