RAISING A

GRIEVANCE

Just as an employer can take disciplinary action against you, you can also pursue a complaint against your employer. If you are not happy with something that is happening at work, whether you feel bullied or feel stressed with work matters, your first step is to try to discuss it with your line manager.

If speaking to your employer about the situation is unsuccessful you may then need to pursue a direct complaint with your employer in the form of a grievance.  It is important to note that the content of the grievance may be relied upon as evidence at a later date and hence extremely important for the grievance to be drafted accurately and address the issues.

We can provide expert guidance on whether you should follow a grievance process. If you do, we can help with the formulation of the Statement of Grievance, assist with its presentation and support you through the subsequent process.

DO YOU NEED HELP WITH FILING A GRIEVANCE?

Then speak to us today for a no cost, no obligation discussion about your needs

WHAT TYPES OF GRIEVANCES CAN YOU RAISE?

Issues may relate to heavy workloads to disagreeing with your current pay where you may want to take action against your employer. Examples of possible situations that may encourage you to make a grievance include:

  • An amendment to your contract with which you are unhappy;
  • Asked to take on a new responsibility as part of your job that you feel is not in line with your existing role or work practice
  • An issue with your pay or terms and conditions
  • Poor working conditions, ranging from being bullied/harassed to being obliged to undertake tasks that you believe to be unsafe or inappropriate in any way

HOW DO I RAISE A WORKPLACE GRIEVANCE?

While there is no formal legal process for raising a grievance, both parties to the employment relationship should comply with the ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice. This code of practice encompasses a number of guidelines that should be adhered to by employer and employee alike. Such guidance will help to ensure that the employee procedure is handled fairly and professionally, summarised as follows:

  • Firstly, an employee should inform their employer the details of their grievance (preferably in writing)
  • Once the employer has received the grievance, they should then invite the employee for a meeting to discuss the issues along with a proposed resolution – with the appointment taking place after the employer has had sufficient time to fully consider your grievance.
  • Additionally, the employee has a statutory right to be accompanied by a companion (work colleague, a trade union representative or an official employed by a trade union) during any such meeting, which deals with a complaint about a duty owed by the employer to the employee.
  • A decision will then be made by the employer which will be put in writing to the employee detailing intended steps to resolve the grievance.
  • The employer should then extend a right of appeal to the employee in the event that they are not happy with the initial outcome.

If both yourself and your employer are unable to achieve a resolution following your grievance, then you may consider taking your claim to an Employment Tribunal (it should be noted that any compensation you may receive could be adjusted by up to 25% based on adherence to the ACAS Code of Practice.)

DO YOU NEED MORE INFORMATION?

Then speak to us for a no cost, no obligation discussion on your needs