Can I put in a grievance while suspended?
Asked by: Mr. Domenic Gibson DDS | Last update: February 9, 2026Score: 4.1/5 (19 votes)
Yes, you absolutely can and often should file a grievance while suspended, as suspension is often part of a disciplinary process, and a grievance can challenge the suspension itself or related unfair treatment; you should review your company's policy, document everything, and consider contacting a union or HR, as your employer generally must address the grievance, even if it pauses the disciplinary process.
On what grounds can you raise a grievance?
You might want to raise a grievance about things like:
- things you are being asked to do as part of your job.
- the terms and conditions of your employment contract - for example, your pay.
- the way you're being treated at work - for example, if you're not given a promotion when you think you should be.
- bullying.
What is the employee entitled to during suspension?
Employees receive a specific percentage of their salary during their suspension. Also the term subsistence allowance refers to the allowance which is paid to an employee when he is suspended due to allegations of miss conduct, and the investigation or inquiry into the allegations of misconduct is pending.
Can you raise a grievance if you have been dismissed?
A grievance can be made at any time- even in response to disciplinary, redundancy or performance process against you if you consider your employers actions to be unfair, or unwarranted.
Can I hand my notice in while suspended?
You can resign whilst you are suspended but there is nothing to prevent your employer from carrying on with the potential disciplinary action that it may take against you as a result of the allegations even though you have handed in your notice.
Charged for Misconduct? Use These 5 Defences to Clear Your Name
Can I raise a grievance during a disciplinary?
If the employee raises a grievance during the disciplinary procedure, the employer can pause the disciplinary and deal with the grievance first. It might be appropriate to deal with both at the same time if the grievance and disciplinary cases are related.
What is the 3 month rule in a job?
The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI).
What qualifies as a valid grievance?
Define what constitutes a grievance
Start by clearly outlining what types of workplace issues qualify as formal grievances. Include specific examples such as discrimination, harassment, unfair treatment, policy violations, workplace safety concerns, and contract disputes.
What are the chances of winning a grievance?
Be prepared to appeal – 99% of grievances are dismissed by the employer.
What are 5 automatically unfair dismissals?
Automatically unfair reasons for dismissal
family, including parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants. acting as an employee representative. acting as a trade union representative. acting as an occupational pension scheme trustee.
Can I get fired while being suspended?
California Employee Suspension Laws
Employees are protected from unfair treatment, discrimination, or retaliation during a suspension.
How serious is suspension from work?
Suspension is often part of an organisation's disciplinary procedure, to allow an investigation to take place. Employees can be suspended for medical or health and safety reasons. You remain an employee and your employment rights continue while you are suspended.
What are 5 examples of serious misconduct?
Here are 7 examples classed as workplace misconduct
- Theft. This may sound obvious, but theft isn't limited to financial fraud like embezzlement or money laundering. ...
- Sexual harassment. ...
- Abuse of power. ...
- Falsifying documentation. ...
- Health and safety breaches. ...
- Damage to goods or property. ...
- Drug and/or alcohol use.
What are the three types of grievances?
The three main types of grievances, especially in unionized environments, are Individual, Group, and Policy grievances, focusing on a single person's rights, a collective issue affecting several employees, or broad contractual/policy interpretation, respectively, though broader categories like Work Conditions, Compensation, and Discrimination/Harassment also define common workplace issues.
When should you file a grievance at work?
If managers have conflict with an employee and retaliates by gossiping, punishment or harassment, the employee may file a grievance with the employer entities involved. Harassment grievances may be reported to law enforcement, depending on the severity.
Can a union refuse to file a grievance?
Sometimes a union shop steward or other representative may refuse to file a grievance. If this happens, you can ask a union officer or someone else who holds a position of power in the union to file a grievance for you. Unions do not have to represent all employees in all grievances.
What is the average grievance payout?
Lower-value claims may fall between $30,000 and $100,000, while moderate cases often settle from $100,000 to $300,000. High-damage cases—especially those involving discrimination, retaliation, or whistleblowing—can exceed $1,000,000, depending on the evidence and severity of the employer's conduct.
Is it worth putting in a grievance?
Filing a grievance is often worth it because it formally documents issues, potentially resolves them faster, protects you from retaliation, holds employers accountable, and creates a record for legal action if needed, but its success depends on strong evidence, clear policies, and whether the issue is legally wrong or just morally wrong, as outcomes vary from positive resolution (even promotions) to stress and damaged working relationships, so weighing potential benefits against risks with a union rep or legal advisor is key.
How to prove you are being treated unfairly at work?
To prove unfair treatment at work, you must meticulously document every incident (dates, times, people, details), gather evidence like emails, texts, performance reviews, and witness statements, review and compare company policies, and consider filing complaints with HR or the EEOC, noting that comparator evidence (how others were treated) is key, often requiring legal counsel to build a strong case.
How to let go of unfairness at work?
Talk to someone
Take the first step by talking to someone. It's often best to try to sort things out informally if you can, so consider speaking to someone appropriate. If the issue is with your boss, for example, then you could speak to HR or another more senior colleague.
Can an employee be fired for filing a grievance?
Complaining to HR Is a Protected Activity in California. Under California employment law, employees are legally protected when they report certain workplace issues, including: Discrimination or harassment. Retaliation by a supervisor.
How long does a grievance process usually take?
Example Grievance Procedure Timeframes for Employers
Step 1: Raising the Grievance – Employee submits grievance (usually in writing) Step 2: Acknowledgement – Within 5 working days, manager/HR acknowledges receipt and explains the next steps. Step 3: Investigation – Fact-find or gather evidence (target: within 2 weeks)
What is the 30-60-90 rule?
The "30-60-90 rule" refers to two main concepts: a special right triangle in geometry with angles 30°, 60°, 90° and sides in the ratio x∶x3∶2xx colon x the square root of 3 end-root colon 2 x𝑥∶𝑥3√∶2𝑥, and a professional development/onboarding framework that breaks down the first three months in a new role into learning (days 1-30), contributing (days 31-60), and leading/optimizing (days 61-90). It also appears as a productivity technique for structuring a morning (30 mins journaling, 60 mins exercise, 90 mins deep work) or a plan for settling into a new home.
What is the 70 rule of hiring?
The 70% rule of hiring is a guideline suggesting you should apply for jobs or hire candidates if they meet about 70% of the listed requirements, focusing on trainable skills and potential rather than a perfect match, which often leads to better hires by bringing fresh perspectives and fostering growth, while also preventing paralysis by analysis for both applicants and recruiters. It encourages focusing on core competencies, transferable skills, and a candidate's eagerness to learn the remaining 30%.
Can a job fire you in the first 90 days?
In most U.S. states, employment is at-will, which means an employer can terminate an employee at any time, with or without cause, as long as it's not for discriminatory reasons. This could happen during the 90-day probationary period, or any time after the probation as well.