Updated to take into account an increase in the cap on a week's pay, with effect from 6 April 2017.
In Local Government Yorkshire and Humber v Shah EAT/0587/11 & EAT/0026/12, the EAT held that the potential uplift in compensation awarded where an employer unreasonably fails to comply with the "Acas code of practice on disciplinary and grievance procedures" applies only in the case of employees. A worker who was subjected to an unlawful detriment was not entitled to an uplift.
A model letter responding to an ex-employee who has raised a grievance.
A model letter informing an employee of a delay in a grievance investigation.
A model letter confirming to an employee that a grievance has been dealt with informally.
Georgina Kyriacou and David Malamentenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
The Employment Appeal Tribunal has held that only employees, and not workers, can be awarded a compensation uplift of up to 25% where the respondent has unreasonably failed to comply with the "Acas code of practice on disciplinary and grievance procedures".
As this case shows, employees with less than one year's service can still claim unfair dismissal if the principal reason for their dismissal is that they accompanied, or sought to accompany, colleagues at disciplinary or grievance hearings.
HR and legal information and guidance relating to employee grievances.