Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Right to call witnesses in a grievance meeing

Employment and Discrimination Law

Re: Right to call witnesses in a grievance meeing

Postby south1 » Fri Mar 17, 2017 4:22 pm

Yes for grievance meetings it is like for disciplinary meetings sometime witnesses are necessary and sometimes they are not. However according to ACAS code of practice the employee can call witnesses during a disciplinary meeting but not during a grievance meeting. This remains a mystery. I do not know which reply ACAS will provide to me and if it will reply to my query because ACAS could never reply to me
south1
 
Posts: 872
Joined: Sun Jan 13, 2013 6:44 pm

Re: Right to call witnesses in a grievance meeing

Postby dls » Fri Mar 17, 2017 4:38 pm

S1, I apologise

I was thinking more about a grievance against another employee. Situations differ.
In general, but not always, the stakes are not as high in a grievance procedure
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11856
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Right to call witnesses in a grievance meeing

Postby Millbrook2 » Fri Mar 17, 2017 6:42 pm

Are you sure that you are not confusing the right to be accompanied by someone with witnesses.
Millbrook2
 
Posts: 731
Joined: Tue Nov 27, 2012 9:05 am

Re: Right to call witnesses in a grievance meeing

Postby south1 » Fri Mar 17, 2017 10:19 pm

It could be a grievance against another employee or against the employer himself. The stakes are no so high with a grievance meeting than with a disciplinary meeting because with disciplinary matters we can be dismissed but with grievances also we can be dismissed it is what we call constructive dismissal. Therefore there should be another explanation.

The right to bring a companion to a disciplinary or grievance meeting is a different matter.
south1
 
Posts: 872
Joined: Sun Jan 13, 2013 6:44 pm

Re: Right to call witnesses in a grievance meeing

Postby atticus » Fri Mar 17, 2017 10:34 pm

For the benefit of others who read this, constructive dismissal is when an employer acts in a way that amounts to a repudiatory breach of the employment contract, which breach causes the employee to resign.
User avatar
atticus
 
Posts: 18851
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Right to call witnesses in a grievance meeing

Postby Hairyloon » Sat Mar 18, 2017 7:55 am

Though I recall case law where the failure to properly address a grievance was judged to amount to a repudiatory breach. Am a bit rusty so I don't recall the name.
Take me to your lizard...
User avatar
Hairyloon
 
Posts: 9423
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Right to call witnesses in a grievance meeing

Postby atticus » Sat Mar 18, 2017 9:13 am

I was clarifying the OP's gobbledegook, his throwing out the words "constructive dismissal" without having the slightest idea what they mean.

Constructive dismissal does not occur if the employee does not resign.

If the employee does resign, she then has to prove that it was in circumstances that amount to constructive dismissal.
User avatar
atticus
 
Posts: 18851
Joined: Sun Nov 11, 2012 2:27 pm
Location: E&W

Re: Right to call witnesses in a grievance meeing

Postby dls » Sat Mar 18, 2017 3:00 pm

Though I recall case law where the failure to properly address a grievance was judged to amount to a repudiatory breach. Am a bit rusty so I don't recall the name.


Such can so amount - but it depends enirely on the circumstances.
David Swarbrick (Admin) dswarb@gmail.com - 0795 457 9992
User avatar
dls
Site Admin
 
Posts: 11856
Joined: Thu Nov 01, 2012 1:35 pm
Location: Brighouse, West Yorkshire

Re: Right to call witnesses in a grievance meeing

Postby south1 » Sat Mar 18, 2017 3:23 pm

If an employee makes a grievance it could be because he is harassed because his employer wants to push him to leave his job which would be construtctive dismissal. What I would like to show is that during a grievance meeting what is at stake could be as high as what is at stake in a disciplinary meeting. Thereforethe the reason why according to ACAS code of practice an employee can call witnesses only in disciplinary meetings and not during grievance meetings could not be because what is at stake in a disciplinary meeting is highter that what is at stake during a grievance meeting
south1
 
Posts: 872
Joined: Sun Jan 13, 2013 6:44 pm

Previous

Return to Employment

Who is online

Users browsing this forum: No registered users and 11 guests

cron