Round #932

An employee raised a grievance and then resigned before the hearing date. Do we still have to investigate and what are the risks if we do not?

When an employee raises a grievance and then resigns before the hearing date, it can complicate the investigation process. Here's how you should proceed: 1. **Review the Grievance**: First, review the details of the grievance to understand the nature of the issue and whether there are any grounds for further investigation. 2. **Consider the Employee’s Resignation**: If the employee resigned voluntarily before the hearing date, it might be challenging to gather all necessary evidence or witness statements. However, you can still investigate if: - The resignation was due to a genuine reason (e.g., health issues, personal reasons). - There are any other relevant circumstances that could affect the investigation. 3. **Document Everything**: Keep detailed records of all communications with the employee and any other relevant parties. This includes emails, notes, and any other documentation related to the grievance and resignation process. 4. **Seek Legal Advice**: If you're unsure about how to proceed or if there are legal implications, consider consulting with a lawyer who specializes in employment law. They can provide guidance on whether to pursue an investigation and what steps to take next. 5. **Risk Assessment**: The risks of not investigating include: - Potential legal consequences for the employer. - Damage to the company's reputation and employee morale. - Loss of evidence that could be crucial if the grievance is later pursued. - Increased workload and potential delays in resolving other issues within the organization. 6. **Consider Alternative Dispute Resolution (ADR)**: If the investigation seems unlikely to yield a positive outcome, consider alternative dispute resolution methods such as mediation or arbitration. These can help resolve the issue without going through a formal hearing process. In summary, while it might be challenging to investigate in this situation, you should carefully review the circumstances and seek legal advice before making any decisions. This will help ensure that you handle the matter appropriately and minimize potential risks.

We should investigate, as it's required by the ACAS Code of Practice and procedural fairness principles. If we don't, there's a risk of unfairness to the employee and potential legal consequences for the employer. Explanation: The ACAS Code of Practice requires employers to investigate all grievances raised by employees, regardless of whether they have resigned or not. This is based on procedural fairness principles, which ensure that employees are treated fairly throughout the grievance process. If we don't investigate, it could lead to unfairness and potential legal issues for the employer.