Raising a Grievance During Notice Period: Rights and Process

Grievances raised during notice periods require careful handling as the employment relationship is ending. Both employees and employers have rights and obligations that continue until employment terminates.

When Grievances Arise During Notice

Common Scenarios

Grievance during notice:

• Raised after resignation
• Raised after dismissal
• About dismissal itself
• Unresolved issues from employment
• Treatment during notice
• Final pay disputes

Why It Matters

Still important because:

• May affect references
• Settlement possible
• Tribunal claim implications
• Final pay issues
• Reputation matters
• Legal obligations continue

Rights During Notice

Employee Rights

Still entitled to:

• Raise grievance
• Fair investigation
• Grievance hearing
• Written outcome
• Right to appeal
• Same process rights
• Protection from detriment

Employer Obligations

Must still:

• Follow ACAS Code
• Investigate fairly
• Hold hearing if possible
• Provide outcome
• Allow appeal
• Act without unreasonable delay
• Complete process

After Resignation

Employee Resigns Then Grieves

Process:

• Grievance during notice valid
• Employment relationship continues
• Full process required
• May complete during notice
• Or extend beyond leaving date

Constructive Dismissal Context

If alleging constructive dismissal:

• Resignation IS the grievance often
• But formal grievance still possible
• May support tribunal claim
• Employer should investigate
• Consider settlement

Notice Period Impact

Practical considerations:

• Time pressure to complete
• Employee availability
• May need to extend process
• Might not finish before leaving
• Outcome still required

After Dismissal

Dismissed Then Grieves

Common situation:

• Grievance about dismissal
• Or other matters
• Full process required
• May reduce notice period risk
• Appeals overlap

Grievance vs Dismissal Appeal

Different processes:

• Appeal challenges dismissal decision
• Grievance raises complaint
• Both can run together
• Different focus
• Consider relationship

Overlap Considerations

If both processes:

• Deal with grievance first if affects dismissal
• Or run parallel
• Consistent findings
• Fair to employee
• One may resolve both

Raising Grievance After Employment Ends

Post-Employment Grievances

Can still raise:

• After leaving date
• About employment matters
• Employer should respond
• Investigation appropriate
• Outcome provided

But:

• Not full procedure required (no meeting necessary)
• More like formal complaint
• Less scope for remedy
• Focus on explanation
• Compensation unlikely

ACAS Early Conciliation

If considering tribunal:

• ACAS conciliation first
• Mandatory step
• Extends time limits
• May resolve without tribunal
• Free service

Tribunal Time Limits

Don't forget:

• Most claims: 3 months less 1 day
• From date of act
• Notify ACAS before deadline
• Employment ending doesn't extend
• Act promptly

Managing Grievances During Notice

Timing the Investigation

Act quickly:

• Limited time available
• Don't delay
• Expedite where possible
• But don't compromise quality
• Focus on key issues

Arranging Hearing

During notice period:

• Schedule promptly
• Employee must attend
• Reasonable notice still
• During working hours
• Count as working time

If Grievance Raised Late

Near end of notice:

• Still must process
• May extend beyond leaving
• Do what you can
• Outcome after leaving acceptable

Process Adaptations

Compressed Timeline

Possible to:

• Shorten timescales
• With agreement
• Don't skip steps
• Focus on essentials
• Maintain fairness

Remote Participation

If employee left:

• Video call hearing
• Telephone hearing
• Written submissions
• By mutual agreement
• Better than nothing

Deferred Process

If can't complete:

• Continue after leaving
• Write to ex-employee
• Invite to meeting
• Provide outcome
• They can decline

Impact on Leaving

Can't Withdraw Resignation

Resignation stands:

• Unless employer agrees
• Grievance doesn't undo
• Employment still ends
• Process continues separately

Can't Delay Dismissal

Dismissal stands:

• Date remains
• Unless varied
• Grievance doesn't extend notice
• Separate processes

May Affect Final Pay

Grievance about:

• Pay issues
• Holiday pay
• Notice pay
• Other payments
• Hold payment pending outcome

Settlement Opportunities

Settlement During Notice

Good time to settle:

• Both moving on
• Clean break possible
• Settlement agreement
• Reference agreed
• Final payments
• Tribunal waiver

Negotiating Settlement

Considerations:

• Grievance waived
• Compensation amount
• Reference terms
• Confidentiality
• Final payments
• Tax treatment

Reference Negotiation

Agreed reference:

• Wording agreed
• Factual or neutral
• Part of settlement
• Removes uncertainty
• Helpful for both

Special Situations

Constructive Dismissal Claims

Process:

• Employee resigns
• Claims forced out
• Raises grievance
• Or goes to tribunal
• Employer should still grieve

Employer approach:

• Investigate thoroughly
• Consider settlement
• Fair process
• Document everything
• Legal advice

Dismissal Grievances

About the dismissal:

• Appeal process exists
• Grievance also possible
• May prefer appeal
• Or both
• Avoid duplication

Disciplinary and Grievance

If both running:

• Grievance first usually
• If may affect disciplinary
• Or parallel
• Fair process
• Clear records

Outcomes During/After Notice

Limited Remedies

After employment ends:

• Can't reinstate
• Can't change job
• Financial remedy only
• Apology possible
• Reference (if negotiated)
• Learning for employer

Outcome Letters

Still required:

• Full written outcome
• Decision and reasons
• Any action taken
• Appeal rights
• Even after leaving

Appeals After Leaving

Can still appeal:

• Right continues
• Same timeframes
• Remote hearing possible
• Final decision
• May matter for tribunal

Employer Best Practice

Don't Delay

Act promptly:

• Limited time
• Process quickly
• Maintain standards
• Complete if possible
• Outcome even if not complete

Remain Professional

Throughout:

• Fair process
• No shortcuts
• Proper investigation
• Objective decision
• Clear communication

Consider Settlement

Often appropriate:

• Both moving on
• Clean break
• Avoid tribunal
• Agreed terms
• Final resolution

Employee Best Practice

Raise Promptly

Don't wait:

• Notice period limited
• Raise early
• Give time for process
• Or may not complete

Be Realistic

Limited remedies:

• Job ending anyway
• Reference or payment
• Settlement option
• Tribunal consideration
• Move forward

Consider Priorities

What matters:

• Reference?
• Final pay?
• Compensation?
• Explanation?
• Closure?

Tribunal Implications

Exhausting Internal Process

Tribunal expects:

• Internal process used
• Grievance raised if possible
• Not always required
• But often advisable
• Shows attempted resolution

Evidence for Tribunal

Grievance process provides:

• Documentary evidence
• Employer's response
• Investigation findings
• Admission of facts
• Timeline of events

ACAS Uplift

If employer fails:

• Breaches ACAS Code
• During notice period
• Tribunal may increase award
• Up to 25%
• Poor process costly

Key Principles

Rights Continue

• Until employment ends
• Full process due
• Same standards apply
• Legal obligations continue

Time Pressure

• Act quickly
• Don't delay
• Complete if possible
• Outcome even if incomplete

Settlement Opportunity

• Good time to settle
• Clean break
• Agreed terms
• Move forward
• Avoid tribunal

Professional Approach

• Fair process
• Clear communication
• Proper documentation
• Legal compliance
• Reputational impact

Grievances during notice periods require swift but fair handling. While time pressures exist and remedies may be limited, following proper process protects both parties and reduces tribunal risk. Settlement often provides the cleanest resolution for both sides.