Employees, including those in a triangular employment situation, can bring a personal grievance for the following complaints:
- Unjustifiable dismissal (unless the dismissal took place while the employee was on a valid 90 day trial period)
- Unjustifiable action which disadvantages the employee
- Discrimination
- Sexual harassment
- Racial harassment
- Duress over membership of a union or other employee organisation
- An employer’s failure to comply with obligations relating to continuity of employment for employees affected by restructuring
- Disadvantage to an employee due to the employment agreement not meeting legal requirements for:
- agreed hours of work
- availability provisions
- reasonable notice periods to be given before cancellation of a shift
- reasonable compensation to be paid if a shift is cancelled
- secondary employment provisions.
- Unfair treatment of an employee who has lawfully refused work in certain circumstances
- Where an employer engages in adverse conduct for a prohibited health and safety reason in relation to an employee or tries to force or persuade an employee not to perform a function, exercise a power or undertake a role under the Health and Safety at Work Act 2015
- Where an employer, or former employer, takes retaliatory action against an employee who has made a protected disclosure of information
- Where an employer does not agree to protecting an employee’s employment while the employee in participating in Reserve Forces service or training
- Where an employer compels a shop employee to work on Easter Sunday or treats a shop employee adversely because they refuse to work on Easter Sunday.
Page last revised: 28 June 2020