Helen [Broughton] is still away pursuing her dreams and so I am once again given the honour of writing her blog. For those who did not get to read the last blog, I am Charles Millett and specialise in employment law at Morecrofts. Last week I promised that I would be more controversial in my next blog. So if you are easily offended, please stop reading now.
Okay, perhaps I had better not go too far. Nevertheless, I would like to have a rant about the statutory grievance procedures. They are unlikely to be around for much longer and their passing will not be lamented by many people.
Initially they just seemed like an irritant – a hurdle over which the employee had to stagger before embarking upon a Tribunal claim. For employers, they presented a further strand of red tape in dealing with employee relations. In many claims that were not about dismissal, the employee had to present a grievance to their employer before bringing a claim to the Tribunal.
In practice, when a client comes to see me and wants to bring a claim for discrimination (for example), I explain that we firstly have to raise a grievance. Often by this stage, positions are fairly entrenched. The employee is intent on proceeding to Tribunal or obtaining a settlement and the employer knows that they cannot uphold the grievance without opening themselves up to liability.
The greatest concern I have identified is that vulnerable claimants are forced to attend stressful and pressurised meetings with their employers without legal representation. Their only right of accompaniment is from a trade union official or a work colleague. Many will not be in trade unions and will not have access to union officials.
Often the employee will be suffering from stress, anxiety or depression. Yet they have little alternative but to endure a meeting with their employer, whose objective at the meeting will be to search for discrepancies and holes in the employee’s argument. It is little wonder that many employees in these positions end up being signed off work with depression for months on end.
As I am writing this blog, I am aware that tomorrow morning I have to be awake to attend my weekly breakfast networking meeting. It means getting up at 5.30am but it is only once a week and the people there are always entertaining. I have to say that in case any of them read this blog.
I am not sure whether Helen will be doing her blog next week or whether I will be given another go. If so, I will aim to reach the heights of controversy.