EMPLOYMENT

Employees can choose to use the modified statutory grievance procedure if they are no longer in employment.

HELD For the purposes of step one of the modified grievance procedure, an employee must set out in his statement the essential reasons why he holds his grievance, in sufficient detail to enable the employer to respond. Where the employee knows as much as or more than the employer, eg where the grievance relates to harassment or bullying, the employee will be expected to set out his account in reasonable detail, informing the employer of the important matters which the employer should investigate and consider.

Where the employee may not have full access to the facts, but suspects that certain facts exist, it will be sufficient that the written statement identifies in reasonable detail why he holds those suspicions. In considering whether the statutory requirements have been met, a tribunal will not necessarily expect the original basis of grievance to be as detailed as the subsequent claim