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Right to call witnesses in a grievance meeing

Employment and Discrimination Law

Right to call witnesses in a grievance meeing

Postby south1 » Thu Mar 16, 2017 5:51 pm

I have been reading the ACAS code of practice and I have noticed that for disciplinary meetings employees have the right to call witnesses. However there is not such a right in grievance meeting. does someone have an explanation for this strange difference?
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Re: Right to call witnesses in a grievance meeing

Postby dls » Thu Mar 16, 2017 5:59 pm

If you lay a grievance, you are not in charge of the disciplinary process. It is not about you.
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Re: Right to call witnesses in a grievance meeing

Postby south1 » Thu Mar 16, 2017 11:41 pm

However it could be handy to call as witness anyone who could have information about the events which led to the grievance.
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Re: Right to call witnesses in a grievance meeing

Postby south1 » Fri Mar 17, 2017 1:54 am

You say 'it is not about you'. However how it could not be about me if it is me who made the grievance. Moreover in legal proceedings the claimant who made the grievance and the defendant both have the right to call witnesses and not only the defendant so there is something that I do not understand
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Re: Right to call witnesses in a grievance meeing

Postby Hairyloon » Fri Mar 17, 2017 7:53 am

If an employee at a grievance meeting requests a witness and the request is rejected, then it will not look goon on the company if it moves onto legal action and it transpires that the witness had a significant contribution to make.
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Re: Right to call witnesses in a grievance meeing

Postby south1 » Fri Mar 17, 2017 9:58 am

Yes but the issue is why ACAS put in its Code of Practices that employees has the right to call witnesses in disciplinary meetings but it does say the same for grievance meetings. There should be some philosophical legal reasoning under this and I would like to know which it is

I would like to know also if you know some laws or regulation which say that employees should have the right to call witnesses also during grievance meetings
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Re: Right to call witnesses in a grievance meeing

Postby atticus » Fri Mar 17, 2017 10:36 am

Have you asked ACAS to explain their reasons? They might be able to give you an answer.
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Re: Right to call witnesses in a grievance meeing

Postby south1 » Fri Mar 17, 2017 12:18 pm

Yes I have filled a form in their website asking them why. I received an automatic message which says that they will reply to me within 10 working days.
I have posted this thread to start a discussion about the legal philosophical reason why it is like this to have a second opinion and better understand the reply that I could receive from ACAS to my query and to be able to reply to ACAS if necessary to receive further information from ACAS
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Re: Right to call witnesses in a grievance meeing

Postby atticus » Fri Mar 17, 2017 1:07 pm

Some grievances won't need a witness: the facts won't be disputed.

I can see that if a manager denies whatever is complained of some corroborative evidence would assist.
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Re: Right to call witnesses in a grievance meeing

Postby Millbrook2 » Fri Mar 17, 2017 1:32 pm

As an ex HR Director I can't comment on the legal/philosophical reasoning behind the ACAS stance but would be interested to see their reply.

From a practical point of view I think it would depend on the nature of the grievance.

If a manager refused to let someone take a holiday then no witness would be needed because the facts stand for themselves.

If the grievance was that a manager said something inappropriate to an employee and this was denied I would have allowed a witness to be present.
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