Can an employee ignore my grievance procedure and go straight to the Employment Tribunal?
Yes. Employees can bring a claim arising from a grievance, or for constructive dismissal, before the Employment Tribunal whether or not they have followed your grievance procedure. This contrasts with the pre-2009 rules, which said an employee had to file a grievance and wait 28 days before bringing an Employment Tribunal claim. However, if the employee has unreasonably failed to follow the provisions of the 2009 Acas Code of Practice (see question three), the Tribunal may reduce any award made against you by up to 25 per cent.
