Does the statutory grievance procedure apply in cases of bullying and harassment?
The DTI Guidance makes it clear that where an employee wishes to complain about actions taken by colleagues, such as instances of bullying or harassment, then the employee should initiate the standard grievance procedure. In practice this means that a complaint of bullying or harassment could be brought under the employer’s workplace bullying and harassment policy providing that it meets the minimum statutory requirements. If the workplace policy does not meet the required standard, for instance by not providing a right of appeal if the employee is not happy with the action taken by the employer to address their complaint, then the employee will be able to begin proceedings under the statutory grievance procedure. However, an employee may not have to raise their complaint through the statutory grievance procedure if they have grounds to believe that doing so would result in further harassment. In such circumstances, an employment tribunal will not bar a claim because the employee had n
