In the case of Kennedy Scott v Francis at the EAT, a verbal complaint to an employer was held to be a grievance.

The reasoning for this is that the employer held a meeting to discuss the complaint. As such the employer had committed it to paper and acknowledged that a grievance had been raised.

The tribunal held that ‘step one’ of the statutory grievance procedure had been complied with and the employee was able to bring a tribunal claim.

In order for a member of staff to bring a claim for constructive dismissal to a tribunal, they must submit a grievance to their employer and wait 28 days.

Employers must make sure that if they receive a verbal complaint which they respond to in writing, it is dealt with as a formal grievance. The employer must write to the employee inviting them to a meeting to discuss their grievance. The employee has the right to be accompanied to this meeting by a trade union representative or work colleague and they have the right to appeal the decision.

If not, there is a danger that an employee will resign and make a claim to the tribunal as they have sent a ‘step one’ grievance to their employer. If the statutory grievance procedure is not followed by the employer then the resignation could be a constructive unfair dismissal, resulting in an uplift of damages awarded to the employee.