Raising a Grievance at work

What do I do if I have an issue at work?

Situations often arise in the workplace where an employee feels they need to raise concerns or make a complaint to the employer.  However, what is best for you will depend on the situation, how serious the problem is, your confidence in internal processes and how your employer is dealing with the problem.

Step 1: Have an informal conversation with your employer

It may be possible by talking to your employer informally initially,  that the issue raised can be resolved. You should never underestimate the power of calm, honest communication.

You should ask to speak to  your immediate manager to explain your concerns. You might find it helpful to suggest to your employer what you would like them to do to resolve the problem. If you don’t feel you can talk to your immediate manager, you could speak to someone else in the organisation, either in the HR department, a Union Representative,  or someone else in a position of authority who can help you to resolve.

Step 2: Raising a formal Grievance

If you feel that trying to resolve the issue informally has not been effective, or if the nature of your grievance is more serious, for example, if it involves sexual harassment or unwanted conduct, then the next step is to raise a formal grievance.

Formal grievances involve a structured process that follows the employer’s grievance procedure, often outlined in the employment contract or the staff handbook policies. You should, wherever possible, follow the process, when raising the grievance with your employer.

You may wish to raise a grievance for a variety of reasons. The following are common reasons for grievances being raised:

• Concern about the tasks you are being asked to do as part of your job role.
• Changes to your terms and conditions of your employment contract for example changes to pay, working hours, or location.
• The way you are being treated at work, such as being overlooked for promotion.
• You are being bullied by a colleague.
• Feeling that you are being discriminated against and/or harassed due to a protected characteristic, such as age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

Step 3: Try to resolve your issues with a grievance before pursuing an employment tribunal claim

In some cases, it is crucial that you make attempts to try to resolve your work issues by way of the grievance procedure before resigning and/or pursuing a claim in the Employment Tribunal. You should at least give the Employer the opportunity to resolve the matter internally before going to the Employment Tribunal.

If you do not bring the issues to your employer’s attention somehow or have not raised a grievance before making a claim at the employment tribunal, your Employer will argue in their defence that they would have taken steps to resolve the issue had they have known about it at the time.

There are of course some cases where this is unrealistic or not possible, and if you do not pursue a grievance in these circumstances this will not be criticised.

Grievances are crucial to claims for constructive unfair dismissal, i.e. where you resign in response to your Employer’s behaviour. Resigning from your employment is a big step, and it is advisable to try to resolve matters by way of a grievance first and if this process fails, then try to obtain legal advice from an employment law solicitor before you resign.

Impact of the ACAS Code on Grievances

The ACAS code of practice on disciplinary and grievance procedures sets out guidance on how grievances should be dealt with by the employer and what you can expect from the process.

It is not mandatory to follow the ACAS code of practice, but the Employment Tribunal will take it into consideration if you have failed to follow the procedure and as a result may reduce any compensation that you may be entitled to by up to 25%.