Stay ahead of the curve with our exclusive Q&A series, brought to you by leading law firm, Arthur Cox, LLP, designed to answer your most pressing legal questions. These expert insights provide clear guidance to ensure your HR practices remain compliant and protect your organisation.  

This month's question:

What are the risks for an employer if they choose to ignore a grievance from a ‘worker’ on the basis that a worker does not have the right to not be unfairly dismissed.
 

Firstly, any employer considering this situation should be aware of the distinction between an employee and a worker. An employee is someone who has a contract of employment whereby it provides obligations on both the employer and employee. In contrast, a worker is a lot more casual. This is exemplified by worker having more flexible hours and no obligation on the employer to provide the worker with work.

This is an important distinction because an employer may not be obliged to complete a grievance procedure in relation to a worker’s grievance. The first stop for an employer is to identify whether a grievance procedure is contractual and if it applies to workers. If contractual, failure to follow the procedure could give the worker a claim for breach of contract. 

Even when not contractually obliged, an employer may still choose to undertake an investigation or conduct a grievance procedure in relation to a worker. It would help to maintain good employment relations, the business reputation and reduce the exposure to claims by the worker.

Employers should also still be alive to potential other claims raised by the grievance, for example, a discrimination claim as the legislation provides protection to both employees and workers from discrimination. 

In summation, an employer should take a careful and diligent assessment when dealing with any grievance raised. They should be aware of the employment status, if the grievance raises other potential claims and finally if the existing grievance procedure is contractual in nature.