ACAS grievance procedure 365in lieu. Generally, a worker can take leave whenever he wants by giving the employer
notice. However, the employer is entitled to give notice that leave must be taken on par-
ticular days.
Enforcement
In these Regulations, ‘workers’ are defined in much the same way as they are in the
National Minimum Wage Act 1998. The Regulations are enforced by the Health and Safety
Executive and by local authority inspectors. Employers can be prosecuted for breaching the
Regulations. Employees can enforce their rights before an employment tribunal and must
not be victimised for having done so. A dismissal in connection with the Regulations will
be automatically unfair.
ACAS grievance procedure
When an employee raises a concern, problem or complaint with his employer, the ACAS
Code of Practice should be followed. The Code advises that employers and employees
should try to resolve disciplinary and grievance matters informally in the workplace, and
should consider using independent third parties to help if necessary. However, where this
is not possible the Code sets out procedures which aim to ensure fairness and a standard of
reasonable behaviour.
First, the employee should formally raise the grievance with the employer, via a manager
who is not the subject of the grievance. This should be done in writing and without
unnecessary delay.
Second, the employer should hold a formal meeting with the employee, without unreason-
able delay, to discuss the nature of the grievance. The employer and the employee should
make every effort to attend the meeting. The employee should be given a chance to explain
the grievance and how he thinks it should be resolved. The employer should consider
adjourning the meeting to conduct any necessary investigation. The employer should allow
the employee to be accompanied at the meeting by a companion, such as a fellow worker
or a trade union representative.
Third, the employer should decide on appropriate action and communicate this to the
employee in writing. The employee should also be told of the right to appeal against the
decision.
Finally, the employer should allow the employee to appeal against the decision if he does
not think that the grievance has been satisfactorily resolved. Appeals must be submitted in
writing and without unreasonable delay. An appeal should be heard without unreasonable
delay, preferably by a manager who has not previously been involved. The employee has
the right to be accompanied at the appeal. The outcome of the appeal should be commun-
icated in writing without unreasonable delay.
The grievance procedure does not apply when a recognised trade union, or other appro-
priate workplace representative, raises a grievance on behalf of two or more employees. In
such cases the organisation’s collective grievance procedures will apply. If an employee
raises a grievance during a disciplinary process, the disciplinary process can be suspended
until the grievance has been dealt with. However, where the disciplinary and grievance
cases are related, both can be dealt with in the same proceedings. An ACAS Guide provides
sample grievance procedures and sample letters which might be used by the employer.
The Code is not legally binding but is admissible as evidence and can be taken into
account by the employment tribunal. A tribunal, if it considers it just and equitable, can