In a recent Court of Appeal case an employee was suspended from work for seven months for serious misconduct, based on her involvement in an altercation with another employee.

After she was suspended she was contacted by a union representative, who claimed that her suspension from work was unjustified and explained that if she was dismissed from her job she could raise a personal grievance with her employer.  The union representative accompanied the employee to the next meeting with her employer where she was, in fact, dismissed. 

After this meeting the employee assumed the union representative would send her employer a letter giving notice of her personal grievance, as was union practice, so the employee could contest her dismissal.

The law requires that an employer must be notified of any personal grievance within 90 days of either the incident occurring, or it coming to the employee’s attention.

Unfortunately, the union representative went on holiday the next day and did not arrange for anyone else to notify the employer of the grievance.

Once the employee realised that the notice of her personal grievance had not been sent, four months had passed since her dismissal.  She herself sent a letter notifying her previous employer of her grievance as soon as she realised this.  However, the notification reached her previous employer about a month after the 90 day period had expired.

The Court of Appeal recognised that the employee was “understandably confused” and “had not been well served” by the union representative. Despite this however the Court held that because her grievance had not been raised within 90 days she was ultimately barred from contesting her dismissal in Court.

This case highlights the importance for employees to ensure that an employer is notified of a personal grievance within the 90 day time period. As is demonstrated by the Court’s tough approach, failure to raise a grievance within 90 days will mean an employee is unable to contest their dismissal in Court.

For further information or advice on raising a personal grievance or contesting your dismissal, call Alan Knowsley.