Mrs TS resigned on monday. Long story, she was basically subjected to the bosses partronising, antagonistic emails.
Can she use the organisations grievence proceedure or is it too late?
Any suggestions?
if she's still an employee then yes, otherwise no
if serving notice then yes if not then no but she can use ACAS
It is a bit late to try and use the internal procedure for grievance after resigning as you dont work there.
mmm, guess its probably too late now, wasnt holding out much hope. Should have thought it through, would have been further hassle for her.... thanks
you have up to 3 months from your last day of work (including notice) to raise an unfair dismissal claim and I think this applies to constructive dissmissal which it would appear is what this is whether or not it was worded that way in the resignation letter (assuming you have a copy of it).
ring acas for further help is my advice as I might be wrong but I hope not.
EDIT: this only applies if she has been working for them 12 months or greater.
yes 3 months to ACAS
Oh, that interesting, yes shes work for the firm for over a year. Will be ringing ACAS on monday am. thanks again guys.
Her case for unfair or constructive dismissal will be considerably undermined because she hasn't already used the grievance proc and therefore given them the opportunity to take corrective action. Not that a patronizing or antagonistic boss is necessarily a sure fire case.
In cases where an employee has left the employer’s employment and launched a grievance, post termination, then it may be possible for the employer and employee to agree to have the grievance dealt with under what is called a modified scheme, i.e., without the necessity of a meeting, where the employer investigates the grievance as a paperwork exercise. A post termination grievance must be lodged within three months of the date of the termination of employment. The lodging of such agreements may in appropriate cases then extend the time for the filing of a claim form in the Employment Tribunal.
Thanks again for the comments. Much appreciated.