Dismissing Employees

6. Complaints and Help

6.1 An employee must normally raise a grievance with you before complaining to an employment tribunal. Treat the grievance seriously, and apply the statutory procedure.

• Once a complaint has been made an Acas conciliator will contact you and the employee.
• 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 ET 3. This asks whether you intend to contest the complaint and if so, what your grounds are.

• Return the completed form within 28 days of the date it was sent out. Otherwise you may lose your right to take part in the tribunal hearing.

6.4 Most experienced personnel managers will have little difficulty justifying their actions before an employment tribunal. But involve a specialist consultant or solicitor if you are unsure of your grounds.