This procedure applies only where the employee has a grievance which relates to statutory employment rights such as equal pay, discrimination, redundancy, maternity etc. It must be used in constructive dismissal cases and where the employer believes they are being victimised.
3 Stage Procedure
In step one an employee must set out their grievance in writing and send a copy to their employer. A questionnaire issued by an employee to gather information for a potential discrimination or equal pay claim will not be treated as invoking the first step of the three stage procedure.
In step two the employer must invite the employee to attend a meeting. The employee has the right to be accompanied by a work colleague or union representative. The meeting must take place at a reasonable time and at a convenient location. At the meeting the employer should state his/her grievance and give the employer an opportunity to respond. Following the meeting the employer should notify the employee of their decision and tell the employee that they may appeal against the decision if they feel the grievance has not been satisfactorily resolved.
In step three the employee may appeal against the decision and choose to be accompanied at the appeal meeting, which should ideally be heard by a different or more senior manager. The employer should inform the employee of the decision of the appeal. The employee must appeal in order to complete the statutory procedure.
2 Stage Procedure (the "modified procedure")
If the employee has left their employment and wants to raise a grievance they can still use the three stage process. However, if the employee left before making the employer aware of the grievance or before the three-stage process was completed they can still use the two stage process if they and their employer agree in writing to use it.
In step one the employer must write to the employer setting out the nature of their grievance.
Step two will involve the employer writing back to the employee giving their response to the points made
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