Dismissal After Raising Grievance

Dismissing someone after they've raised a grievance is highly risky for employers and often automatically unfair. Timing and reason are everything.

Legal Protections

Multiple Protections Apply

If dismissed after raising grievance, you may be protected by:

Protection	Legal Basis
Victimization	Equality Act 2010 (if discrimination grievance)
Asserting statutory right	Employment Rights Act s.104
Protected disclosure	ERA s.103A (if whistleblowing)
Ordinary unfair dismissal	If reason was grievance

Automatically Unfair Dismissal

No qualifying service needed if dismissed for:

• Asserting statutory right
• Making protected disclosure
• Protected act under Equality Act

Victimization

What Is Victimization?

Treating someone badly because they:

• Brought discrimination proceedings
• Gave evidence in discrimination case
• Alleged discrimination
• Did anything under Equality Act
• ("Protected act")

Applies to Discrimination Grievances

If your grievance alleged:

• Race discrimination
• Sex discrimination
• Disability discrimination
• Age discrimination
• Any other protected characteristic

Dismissal after may be victimization.

No Need for Original Claim to Succeed

Protection applies even if:

• Grievance was unsuccessful
• Discrimination claim would have failed
• Made in good faith
• Reasonable to raise it

Burden of Proof

If you show:

• You did protected act (raised grievance)
• You were treated badly (dismissed)
• Close in time

Then:

• Burden shifts to employer
• They must prove grievance wasn't reason
• Or it was justifiable
• Very difficult for employers

Asserting Statutory Rights

Protected Activity

Includes raising grievance about:

• Unlawful deductions from wages
• Holiday pay
• Rest breaks
• Working time violations
• Statutory sick pay
• Maternity/paternity rights
• Any statutory employment right

Automatically Unfair

Dismissal for asserting these rights is automatically unfair:

• No 2 years' service needed
• No cap on compensation
• Employer must prove different reason

Protected Disclosures (Whistleblowing)

If Grievance Was Whistleblowing

Grievance might be protected disclosure if about:

• Criminal offence
• Breach of legal obligation
• Health and safety danger
• Environmental damage
• Cover-up of above

Strong Protection

Whistleblowing dismissals are:

• Automatically unfair
• Uncapped compensation
• No service requirement
• Heavily protected

Timing Is Crucial

Suspicious Timing

Dismissal soon after grievance:

• Days or weeks after
• Before grievance concluded
• After you won grievance
• During grievance process

Creates strong inference that connected.

Tribunal Scrutiny

Tribunal will examine:

• How close in time?
• What was employer's explanation?
• Was there other valid reason?
• Was process fair?
• Were decisions documented before grievance?

Example Timelines

Timeline	Tribunal View
Dismissed next day	Highly suspicious
Dismissed within weeks	Very suspicious
Dismissed within months	Still scrutinized
Dismissed after year	Less connection

But even long gaps can be connected if evidence of link.

Can You Ever Be Fairly Dismissed?

Yes, If Genuinely Unrelated

Can be fairly dismissed after grievance if:

1. Completely separate reason - gross misconduct, redundancy, capability
2. Evidence existed before - documents show issue predated grievance
3. Process was fair - proper investigation and procedure
4. Timing coincidental - can explain why happened then
5. No connection - decision-makers unaware of grievance

Burden on Employer

Employer must prove:

• Real reason for dismissal
• Reason unconnected to grievance
• Fair process followed
• Decision would be same anyway

Very difficult burden, especially with close timing.

Employer Tactics to Watch

Retaliatory Dismissal

Red flags suggesting retaliation:

• Dismissed immediately after grievance
• Previously good performance suddenly criticized
• Trumped-up charges
• Disproportionate response
• Different treatment from others
• Process rushed
• Decision-makers involved in grievance

Creating False Reasons

Watch for:

• Sudden "performance issues" after grievance
• Manufactured misconduct allegations
• Exaggerated minor issues
• Selective application of rules
• Documentation created post-grievance

Constructive Dismissal

Sometimes employer makes position untenable:

• Hostile treatment after grievance
• Undermining your role
• Excluding from meetings
• Spreading rumors
• Making life difficult
• Hoping you'll resign

Grievance Process Protections

During Grievance

While grievance ongoing:

• Shouldn't be dismissed for raising it
• Entitled to fair investigation
• Protection from victimization
• Right to be accompanied
• Reasonable time to resolve

After Grievance Outcome

Whether grievance succeeds or fails:

• Still protected from victimization
• Cannot be punished for raising it
• Decision to dismiss must be unrelated

Evidence to Gather

Document Everything

From when you raise grievance:

What to Record	Why Important
Date grievance submitted	Shows timing
Treatment after	Evidence of victimization
Performance reviews	Shows capability before/after
Communications	Demonstrate hostility or fairness
Comparator treatment	Others treated differently?
Witnesses	Who saw what happened

Prove Connection

To show dismissal connected to grievance:

• Close timing
• Change in treatment after grievance
• Comments made about your grievance
• Hostile atmosphere after
• Involvement of same people
• Process failures

Defending Unfair Dismissal Claim

Employer Must Show

To defend claim:

1. Principal reason - what was real reason?
2. Not grievance - reason unconnected to grievance
3. Fair process - proper procedure followed
4. Reasonable - dismissal proportionate
5. Evidence - documentation from before grievance

Documentation Is Key

Employer needs:

• Performance records from before grievance
• Evidence of investigation begun before grievance
• Notes showing decisions predated grievance
• Clear separation of decision-makers
• Fair process throughout

Multiple Grievances

Raising Several Grievances

If you raise multiple grievances:

• Each is protected act
• Cumulative protection
• Pattern of retaliation clearer
• "Troublemaker" label not defense

"Serial Grievances"

Even if employer views you as:

• Difficult
• Complaining frequently
• "Problem employee"

Still cannot dismiss for raising grievances if:

• Made in good faith
• About genuine concerns
• Protected matters

Practical Scenarios

Scenario 1: Dismissed Week After Grievance

Raised grievance about discrimination Monday, dismissed Friday for "poor performance".

• Timing highly suspicious
• Burden on employer to prove
• Likely automatically unfair
• Strong case for victimization

Scenario 2: Under Investigation, Then Raised Grievance

Under investigation for misconduct, raised grievance about discrimination during process, then dismissed.

• Timeline shows investigation first
• But must check if grievance affected decision
• Process must have been fair throughout
• No escalation after grievance

Scenario 3: Grievance Failed, Then Dismissed Months Later

Grievance rejected, three months later made redundant.

• Still protected
• But timing less suspicious
• Must check if redundancy genuine
• Could be fair if proper process

Settlement After Grievance

Common Resolution

Often employer offers:

• Settlement agreement
• Payment to leave
• Reference agreed
• Grievance unresolved

Consider Carefully

Weigh up:

• Amount offered
• Strength of potential claims
• Impact of dismissal
• Tax treatment
• Legal advice required

Don't Be Pressured

You can:

• Refuse settlement
• Pursue grievance
• Challenge any dismissal
• Take time to decide

If Dismissed After Grievance

Immediate Steps

1. Request written reasons - statutory right
2. Note connection - document timing
3. Appeal dismissal - raise victimization
4. Gather evidence - treatment after grievance
5. ACAS early conciliation - required for claim
6. Seek legal advice - complex area

Potential Claims

Consider:

• Automatic unfair dismissal
• Victimization
• Discrimination
• Constructive dismissal (if forced out)
• Wrongful dismissal (if no notice)

Time Limits

• 3 months less 1 day from dismissal
• Or detriment if constructive dismissal
• Don't delay - ACAS conciliation takes time

Compensation

If Automatically Unfair

• Basic award (if eligible)
• Compensatory award
• No cap on compensatory award
• Can be substantial
• Loss of earnings
• Future loss
• Pension loss

If Victimization

• Injury to feelings award
• Financial losses
• No cap
• Aggravated damages possible
• Can be very substantial

Protecting Yourself

Before Raising Grievance

• Document issues thoroughly
• Get advice on wording
• Keep evidence secure
• Note your performance records
• Consider timing
• Prepare for potential retaliation

After Raising Grievance

• Continue performing well
• Document everything
• Note any changes in treatment
• Keep communications professional
• Seek support
• Know your rights

Employer Best Practice

Handling Grievances

Should:

• Investigate fairly and promptly
• No retaliation against employee
• Separate grievance from any performance issues
• Document everything
• Train managers on victimization
• Be aware of timing perception

If Need to Dismiss After Grievance

Must:

• Have clear, documented, unrelated reason
• Evidence predating grievance
• Follow exemplary process
• Separate decision-makers if possible
• Get legal advice
• Accept high risk of claim

Summary

Strong Protections

Dismissing after grievance risks:

• Automatically unfair dismissal
• Victimization claim
• Asserting statutory right claim
• Whistleblowing claim
• High compensation

Timing Matters Most

Closer the dismissal to grievance:

• More suspicious
• Harder to defend
• Stronger inference
• Greater scrutiny

Can Still Be Fair

Dismissal after grievance CAN be fair if:

• Genuinely unrelated reason
• Evidence predates grievance
• Exemplary process
• Decision would be same anyway
• Can prove no connection

Key Points

• Raising grievance is protected activity
• Dismissal after faces intense scrutiny
• Burden on employer to prove no connection
• Timing creates inference
• Compensation can be substantial
• Get advice if this happens to you

For Employees

• Don't be deterred from raising genuine grievances
• Protection is strong
• Document everything
• Seek advice if treated badly after
• Know time limits for claims

For Employers

• Never dismiss in retaliation for grievance
• Timing will be scrutinized intensely
• Any dismissal after grievance needs exceptional justification
• Get legal advice before proceeding
• Be prepared to defend at tribunal

Dismissing someone after they raise a grievance is one of the riskiest things an employer can do. The protections are strong, and tribunals view such cases with significant suspicion.