Grievance claims

The JIB also hears grievances arising out of the application of the JIB National Working Rules. Such claims include matters such as wages, travelling time and travel allowance, lodging allowance, holiday pay etc. In addition the JIB will deal with claims for notice pay, redundancy pay etc. (usually these arise whilst included within an unfair dismissal claim but they are on occasion raised in their own right).

Again, there is no automatic right to a hearing and the authority for this lies with the Chairman and Deputy Chairman of the appropriate Regional Board. The JIB will also need to be satisfied that the Company’s internal procedures have been exhausted. Similarly, as above, should a Dispute Committee be sanctioned then the Parties will have further rights of appeal to the National Appeals Committee and ultimately to the JIB Independent Chairman. Again, the individual can make a claim to the Employment Tribunal.

Whilst technically individuals have the right to pursue these claims directly to an Employment Tribunal, in practice these types of claim are normally referred to and resolved within the JIB procedures. Whilst it increases the burden on the Disputes Procedure, it decreases the burden on the Employment Tribunal system. It is therefore a saving for the taxpayer if the JIB resolves the matter within its own machinery. The JIB procedures are also less formal than the Employment Tribunal procedures and the Parties normally feel more comfortable dealing with cases on this basis rather than the more legalistic approach under the Employment Tribunal machinery.

Under both the Unfair Dismissal and Grievance procedures the JIB is obliged to have due regard to the appropriate employment legislation and remedy because any JIB Dispute Committee decision will be cited as evidence should there be a subsequent Employment Tribunal hearing. Therefore the reasons for the decision must fully be explained. The remedy will also be clearly set out. If this includes a financial award then the amounts will be clearly explained and calculated. Failure to do so may result in the Employment Tribunal disregarding or varying the JIB decision. The success of the JIB’s procedures and the high regard in which it is held by the Parties, are evidenced by the fact that to date no JIB Dispute Committee decisions have reached an Employment Tribunal.

A decision of a JIB Dispute Committee resulting in a financial award is enforceable through the County Court although again, it is extremely rare that this happens due to the honouring of and the integrity of the JIB’s procedures.

It is worth noting that no Dispute Hearing has ever taken more than one day.