An “omission” is where the employer fails to do anything to remedy a situation, whether that ‘omission’ is either deliberate or inadvertent.

For example, a failure by an employer to investigate an employee’s grievances adequately and promptly or not at all, can give rise to the employee making a claim to an Employment Tribunal for constructive unfair dismissal. Put shortly, a failure or omission to investigate an employee’s grievance complaints can fundamentally destroy the implied term of mutual trust and confidence, which enables the employee to repudiate the contract of employment.

W. A. Goolds (Pearmak) Ltd v McConnell [1995] IRLR 516 –

“The employers duty to reasonably and promptly afford an opportunity to the employee to obtain redress of any grievance they may have”.

In the case of Dr S Stothard v Durham University 2500306/2019, Employment Judge Morris held the following at paragraph 41:

“In relation to the grievances, it was found in W A Goold (Pearmak) Ltd that there is “an implied term in the contract of employment that the Employers would reasonably and promptly afford a reasonable opportunity to their employees to obtain redress of any grievance they may have”. In this case, the respondent failed to provide that opportunity to the claimant and there was, therefore, a breach of that implied term.”

Omission To Act:

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Once the employee has lodged a letter of grievance for harassment, discrimination, or unlawful victimisation, that grievance letter becomes what is called a ‘protected act’ in accordance with s.27(2)(d) of The Equality Act 2010.

A ‘protected act’ is any complaint (preferably in writing) that a person or the employer has breached or is breaching The Equality Act 2010. Put shortly, you are then protected by the law from any ‘detriment’ by reason that you made a complaint for harassment, discrimination or victimisation.

If your employer omits to investigate the contraventions of The Equality Act 2010, as outlined in your grievance letter, this could leave your employer exposed to a claim in the Employment Tribunal for discrimination and victimisation as held in the authority of Iwuchukwu v City Hospital Sunderland NHS Foundation Trust [2019] EWCA Civ 498.

A Fair Grievance Procedure:
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Wigan Borough Council v Davies [1979] ICR 411
An implied term in contracts of employment is that the employer will provide reasonable support to ensure that the employee can carry out his/her duties without harassment or disruption by fellow workers; and where an employer has an obligation to take reasonable steps to achieve something and takes few or no steps, the onus of proving what steps would have been reasonable is on the employer.

Bracebridge Engineering Ltd v Darby [1990] IRLR 3 EAT
A failure to seriously consider a genuine grievance, or to operate an ineffective grievance procedure could be grounds for constructive dismissal.

Goolds v MccOnnell [1995] IRLR 516
The duty to reasonably and promptly afford an opportunity to employees to obtain redress of any grievance they may have.

Spink -v- Express Foods Limited [1990] IRLR 320
“It is a fundamental part of a fair disciplinary procedure that an employee know the case against him. Fairness requires that someone accused should know the case to be met; should hear or be told the important parts of the evidence in support of that case; should have an opportunity to criticise or dispute that evidence and to adduce his own evidence and argue his case.

Sam Stone and his wife Amy are employment consultants with 26 years combined experience. Over the last decade Sam and Amy have helped thousands of clients with employment disputes. Sam and Amy can assist you in obviating the common mistakes, which they often see employees make when writing a letter of grievance. You only get one chance to get your letter of grievance right, so make sure you do just that! Sam and Amy can have a telephone consultation with you or write you a custom letter of grievance if:

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Sam and Amy charge £35 for an initial telephone consultation up to one hour, and £50 an hour thereafter.