Sham Grievance Investigation

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Establishing a well written grievance letter, will make it very difficult for an employer to conduct a sham grievance investigation, and where it does, inference can be drawn against the employer in an Employment Tribunal.

Bracebridge Engineering Ltd v Darby [1990] IRLR 3 EAT):

“A sham grievance investigation breaches the implied term that employers would reasonably and promptly afford a reasonable opportunity to their employees to obtain redress of any grievance they may have……the right to obtain redress against a grievance is fundamental.”

A Fair Grievance Procedure – Case Law
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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.

My wife Amy and I are employment consultants with 26 years combined experience helping employees like you. Amy & I can assist you in obviating the common mistakes, which we often see employees make when resigning or submitting their letter of resignation. You only get one chance to get this right, so make sure that you do! Amy & I can have a telephone consultation with you or write you a custom letter of grievance if:

• You need to raise a grievance letter for bullying and harassment at work.
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• You want to know stress at work employee rights UK.
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• You want to know your employee rights occupational health report.
• You want to know what not to say to occupational health UK.
• You need to know how to write a resignation letter to your workplace.
• You have been subjected to bullying and harassment at work and want to raise a grievance at work.
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• You have been put on a capability or performance improvement plan and want to know how to beat it.
• You want to know how to beat a disciplinary hearing.
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• You are being investigated at work and want to know your employment rights UK.
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• You have been put on an unfair disciplinary.
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• You need to appeal a grievance outcome.
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• You want to know your employee rights UK for a performance improvement plan (PIP).
• You need help with a pay related matter.
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• You need to know your employee rights reasonable adjustments equality act 2010.
• You need a grievance letter example template for pregnancy and maternity discrimination
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• You are being subjected to discrimination because of pregnancy or maternity.
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Visit our testimonials page.

Amy & I have created some new webpages for 2026 for you to look at:

• 20 Hot Tips on how to write a grievance letter.
• Free grievance letter example for ‘work-related stress, bullying, harassment and discrimination’.
• What not to say in a grievance meeting.
• How to win a grievance appeal.
• How to fight and beat a Performance Improvement Plan.
• Covert recordings.
• Pregnancy & Maternity Discrimination.
• Whistleblowing

Reach out to us at: myrightsuk@protonmail.com or call during working hours 9-5 on 07775943414.

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