We are profoundly grateful to you for your expert guidance throughout this matter, …. being such able contributors to such a formidable team on our behalf. It has been a great pleasure working with you all to enable us to emerge from this onerous and challenging situation…. we all ‘fought the good fight’.
I have read your draft reply and have to begin by saying how brilliantly you have both done…
Thank you for the vast amount of work particularly Cameron has ploughed through I am grateful for your efforts.
Thanks for all your help and assistance. I am delighted we got a result in the end.
Thank you for all your support as ever, calm, strong, always well considered advice.
Thanks for all your hard work and endeavour, David.
A true war of attrition but a good win in the end all things considered.
I would like to take this opportunity to thank you for your work for us so far. These deals have taken a huge amount off our plates and even though there is a way to go …. we appreciate your help getting to this point.
Thank you so much for all your work in preparing this latest settlement agreement. And doing so for the charity on a pro bono basis. Your help, support and counsel together with Divyesh has been invaluable to us at a very challenging time for Rays of Sunshine. We do not underestimate the amount of effort and time you have donated to us. Goodwill and help from kind (and talented) people like you and your firm IWG makes such a difference to us. You’re the unsung heroes!
A note of thanks for your recent communication via my colleague Paul.
I appreciate your support in this matter, thank you.
Excellent service and valuable comfort provided throughout the process.
Dealing with employee grievances can sometimes seem like a thankless drain on a business’s management and resources. But a prompt investigation could uncover inappropriate behaviour or poor management that needs to be nipped in the bud, avoiding bigger problems down the line and reputational risk for the organisation.
Employers must comply with the Acas Code of Practice on Disciplinary and Grievance Procedures (the Code), which sets out the basic steps and principles for dealing with a grievance.
‘While this encourages employers to ‘have a quiet word’, investing time and resources in dealing with a grievance can pay off in the longer term,’ explains Elizabeth Bartle a partner in the employment team with Ingram Winter Green Solicitors. ‘An informal approach could backfire as the employee may feel their concerns have not been taken seriously and this in itself could be an act of discrimination.’
Elizabeth sets out why employers should take grievances seriously from the outset and how to take a proportionate approach, as well as highlighting the legal protection given to some employees who raise a grievance.
When is a grumble a grievance?
If an employee raises a grievance, the employer should not dismiss it just because it may seem petty or insignificant. Generally, any grumble raised as a grievance should be treated as a grievance. In rare cases, it may be legitimate to not look into a grievance if it is vexatious or in bad faith, but please speak to us first. If the grievance seems like a minor grumble that could be resolved informally, employers should try this first.
Care should be taken if the allegation is potentially serious, for example sexual harassment. How the employee perceives the behaviour is an important factor in considering if conduct is harassment or not. Just because it appears to the employer to be a ‘bit of harmless fun’ does not mean a tribunal will agree. Employers should err on the side of caution by looking into the grievance and hearing from the employee how they have been affected. Care should also be taken if the employee is raising an issue that could give them protection as a whistle-blower. We can advise you on how to respond.
In some circumstances, if an employee keeps grumbling about an issue, it can be sensible to suggest the employee brings a formal grievance or that they drop it. In rare circumstances, instigating the grievance procedure on the employee’s behalf can help close down an issue. Once the grievance procedure has been exhausted, it will usually be reasonable to tell the employee that the issue is closed.
If an employee raises a complaint about an ongoing disciplinary procedure against them, in many cases you will not need to open up a fresh grievance process. We can advise you on whether the complaint can be safely fed into the disciplinary procedure.
What are the risks of not looking into a grievance?
Employees have a right to redress of a work-place grievance. If the grievance is ignored or only considered very superficially, this can give the employee the option to resign and claim constructive unfair dismissal. In most cases, the employee needs two years’ service for this. However, depending on the background, employees may also be able to argue that the failure to deal with a grievance properly is discriminatory or is a detriment for blowing the whistle, in which case the employee would not need to have two years’ service to bring an unfair dismissal claim.
Employers who do not follow the steps and principles set out in the Acas Code, risk the tribunal increasing the employee’s award by up to 25 per cent. This applies to claims such as discrimination, disputes over pay and detriment as a whistle-blower.
Do we have to investigate?
Most grievances need at least a brief investigation. Unless you carry out a reasonable investigation, the employee can argue that they were not given a reasonable chance for redress of their grievance. This could lead to a constructive dismissal claim.
How far do we have to investigate?
This will always be a balancing act. On the one hand, employers should deal with grievances promptly to comply with the Code and to ensure the fair treatment of the complainant and any employees named in the grievance. On the other hand, the investigation needs to be thorough enough so that the manager deciding on the grievance can reach a reasoned view.
A desk-top investigation may be sufficient, for example into a pay error. In dealing with more complex allegations, such as of bullying and harassment, a reasonable investigation is likely to involve interviewing individuals.
What can we do if the grievance is unfounded?
Grievances can be very damaging to working relationships. If the employer dismisses the grievance, the employer should pause for thought before dismissing an employee due the breakdown in relationships caused by the grievance. If the employee alleged discrimination, they will be protected from victimisation including dismissal because they raised a grievance. Sometimes it will be possible to fairly dismiss in these circumstances, but please speak to us first to help you navigate your way through this. Similarly, employers can take action if grievances have been brought in bad faith or are vexatious. Again, this needs careful consideration.
How we can help
Employee grievances will crop up from time to time, and handling them effectively can really pay off. Dealing with these carefully, and the fall-out from grievances, can require careful management.
Sometimes employees bring a grievance to use as leverage in negotiations for an exit payment. Promptly and effectively dealing with the grievance can strengthen the employer’s bargaining position.
We are highly experienced in these areas and can support you in managing the risks. For further information, please contact Elizabeth Bartle in the employment team on 020 7845 7400 or email elizabethbartle@iwg.co.uk. Ingram Winter Green has offices in London.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
As a supplier you rely on the contractual relationships with your customers for many reasons. As well as helping to forecast the income stream for your business, you need to be able to ensure that you can plan how much stock and materials you require to fulfil your contractual obligations, and how many staff you need to deliver services and production.
‘A customer might want to terminate a supply contract for any number of reasons, but normally you would expect there to be some notification and discussion before coming to a mutually satisfactory arrangement, especially if there is to be a deviation from the terms of the contract,’ says Divyesh Popat, dispute resolution partner with Ingram Winter Green Solicitors in London.
But what can you do if a customer decides to terminate their contract without your agreement? This can have a devastating effect on your cash flow, your profits and potentially the viability of your business.
Divyesh looks at what you can do if your contract has been unlawfully terminated, and whether you can claim damages for your loss as a result of the termination.
There are two standard methods of termination of a contract: by following a contractual termination clause; or by using common law termination practice.
Under common law your customer can terminate if there has been a ‘repudiation of contract’, but they must prove that a repudiatory breach (i.e., a serious breach) has occurred, for example:
Whether there is a contract or not, either party can rely on one of the common law reasons for terminating a contract.
Can a customer terminate by giving notice, even if there is no breach of contract?
Some contracts may give either party the right to terminate a contract for no reason, as long as they give sufficient notice. If a contract is short term or low value, this notice period may be short. For higher value and more involved contracts, longer notice is usually agreed and there may be a minimum period agreed before any notice can be given.
If there is no such notice allowed for in a contract, then there must be a reason for termination.
What are your remedies if notice is not properly served?
Whatever the reason for termination, proper notice should be given to you or the termination can be invalid. A contractual term may provide a specific method and time period for the notice to be given.
If the contract is silent on the subject of termination notice periods, what is ‘reasonable’ notice will depend on the type of arrangement you have with your customer (including complexity, length of contract, damage to jobs etc). It must be very clear that this is a termination notice.
Grounds for lawful termination of a contract
If there is no right to terminate in a contract simply on notice, then your customer will need to provide sufficient grounds to show that the contract can be lawfully terminated.
If you have a contract that sets out what is to be considered a breach that justifies a termination, then they must be able to prove that your actions or inactions constitute a breach of contract.
Has the customer reported the breach promptly?
A customer should provide you with timely notice of their requirement to terminate for a breach. Depending on the terms of your contract, it may be that you should have been given a chance to rectify the breach before notice is served.
If a serious breach has occurred, but your customer has appeared to accept that breach by continuing to deal with you for a period of time, they may lose their rights to terminate the contract.
What do you need to prove your contract has been unlawfully terminated or notice not provided correctly?
This will depend on the type of contract, and the reasons given for termination (if any). When you know what has been alleged against you, gather all the paperwork you can find. For example:
All this will help our solicitors to establish if the termination notice has been validly completed and served.
What remedies are available?
You may be able to claim damages against your customer for reasonable losses that you have incurred as a result of an unlawful termination. This can be resolved through negotiation, or some form of alternative resolution (such as arbitration), or by a court looking at the evidence and granting an order. You can explore the best options with your solicitor.
How to assess the damage to be claimed
We will consider the overall gain that you should have, or could have, made from this contract had it not been terminated unlawfully, including possible loss of profit, as well as more obvious losses incurred such as unsold stock.
Factors to take into account in assessing damage can include the investment you made in order to meet the contract. For example, payment for materials in advance, specialist equipment, extra staff costs or premises.
This is likely to be reduced by:
How we can help
As a supplier you rely on your customers to keep their side of the bargain and continue a supply contract unless they are entitled to terminate or they discuss ending the contract with you first. If you have had a supply contract terminated unfairly, speak to one of our team. Our solicitors have many years of experience in seeking damages for losses for our clients in these circumstances.
There may also be additional concerns if you have had a contract unlawfully terminated. For example, you need to be sure that any confidentiality clause will continue to be honoured, and you might need to apply for an injunction to prevent damage.
For further information, please contact Divyesh Popat in the dispute resolution team on 020 7845 7400 or email divyeshpopat@iwg.co.uk. Ingram Winter Green has offices in London.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
Thank you so much for your exceptional representation, good advice, and explanations all the way, and absolutely outstanding work. It was really a pleasure working with you
Ben provided a professional, efficient and friendly service, I was extremely satisfied with his work and advice and wouldn’t hesitate to use again and recommend.
I take this opportunity to thank you personally and your excellent team for the excellent and quick response to my case.
Thanks for your efforts today, I know you’re doing your absolute best for me and you helped put my mind at ease. It really does make a difference when you feel like someone is in your corner.
You and Elizabeth were brilliant. Absolutely delighted with how the day turned out. Far better than I expected although your forecasts all the way through were spot on. Amazing! Thank you for your support and help over the last 3 years. Really appreciated.
David and Elizabeth – thank you both, you are a great team!
I thoroughly enjoyed working with you on this and I thought that the original strategy and the way you executed it, clearly got the other side jumping in a manner which I’m sure they weren’t anticipating. To have a achieved such a rapid result is indeed even more gratifying and has certainly saved on further, unnecessary stress. Thank you again to Elizabeth and David.
Today you were brilliant but everything you have done over the last three years has been amazing. I know it’s your job, but the way you have grasped my grievance and taken me from a position of deep frustration to one where I feel a sense of victory has been terrific.
Just to say thank you so much for all your help in getting this over the line so quickly, I was relieved we got there in the end! It was greatly appreciated you pulling everything together so quickly and managing all the different parties, thanks once again!
A good result made possible by your considerable forcefulness.