Firstly, employers should note that there is no legislative prohibition on an employee commencing a tribunal claim before their grievance has been concluded. In fact, it is relatively common for employees or ex-employees to bring a claim prior to a grievance outcome being reached. This is due to the strict time limits set by tribunals for bringing a claim e.g. three months from termination for unfair dismissal and three months from the last act complained of for discrimination claims.

Therefore, even after a claim has been submitted, employers should continue to carry out the grievance process (which should be clearly set out in the contract of employment or appropriate policy document).

Employers must ensure that they are carrying out the grievance process in line with any contractual requirements (express or implied). Employers should also familiarise themselves with the Labour Relations Agency Code of Practice and take this into account when dealing with a grievance.

As mentioned above, when dealing with a grievance, employers should pay close attention to implied contractual terms. The most prominent example is the implied duty of trust and confidence owed by employers to employees. Failure to conduct the grievance procedure appropriately could lead to employees claiming a breach of this duty and taking a breach of contract claim against the employer.

Further, an employer’s failure to address a grievance or failure to address a grievance promptly or sufficiently could amount to a fundamental breach of contract and entitle an employee to resign and claim constructive dismissal.