Dismissing Employees

6. Complaints and Help

6.1 An employee must normally first raise a grievance with you before complaining to an employment tribunal. Treat the grievance seriously, and apply your procedures fairly and consistently.

• If the employee then complains to an employment tribunal an Acas conciliator will be appointed. Acas has the discretionary power to provide conciliation.
• A conciliator cannot help without the consent of both you and the employee.

6.2 It may be possible to reach an 'out of court' agreement. Only two forms of agreement are legally binding:

• A 'COT3' agreement reached with the participation of an Acas officer.
• A 'compromise agreement' in a suitable form where the employee has had appropriate independent legal advice.

6.3 Once an employee has complained to a tribunal, you will be sent form ET3. This asks whether you intend to contest the complaint and if so, what your grounds are.

• Return the completed form within 28 days. Otherwise you may lose your right to take part in the tribunal hearing.

6.4 Most experienced HR managers will have little difficulty justifying their actions before an employment tribunal without support.

• You may want to involve a solicitor (or personnel consultant) who specialises in employment law if you are unsure of your grounds, as the outcome could have major implications for your business.