Legal Services for Employees and Employers
From time to time issues arise at work. In most cases it is usually a good idea to initially raise it informally.
However, in some cases you may need to submit a formal grievance (complaint). This might be because;
- raising it informally has not worked
- you do not want it dealt with informally
- it's a very serious issue
Your employer should have a written grievance procedure that tells you what to do and what happens at each stage of the process. As a minimum the procedure should follow the ACAS Code of Practice.
Similarly, if your employer does not have it's own procedure, they should follow ACAS guidance and the ACAS Code of Practice.
Failure to do so could be taken into account if the case reaches an employment tribunal. .
HOW TO RAISE A GRIEVANCE
It is always best to put your grievance in writing and submit it to the person mentioned in your employers grievance procedure. If this is not possible or appropriate, you could send it to your line manager, HR manager or a more senior figure in the organisation.
Sending your grievance by email is beneficial as it creates an audit trail. However, in some circumstances it may not be appropriate, especially if the email inbox can be accessed by someone other than the intended recipient.
If you decide to submit your grievance directly to the relevant person as a hard copy, it is always a good idea to ask them to formally acknowledge it in writing or by email.
WRITING A GRIEVANCE
The grievance letter or email should include:
- what the grievance is about
- what you may have done to resolve the matter informally (optional)
- any relevant evidence which you think is important at this stage
- where appropriate, the name of any witnesses
- how the issue has affected you
- what you want the employer to do about it resolving it
THE GRIEVANCE PROCESS
THE GRIEVANCE PROCESS
Regardless of the size of your organisation, all employers should follow a full and fair grievance procedure. They should:
- acknowledge receipt of the grievance
- meet you to discuss the issue
- allow you to bring a support person to the meeting
- investigate to get as much information as possible
- interview any witnesses; and allow them to bring a support person to the meeting
- act fairly and consistently
- give everyone a chance to have their say before making a decision
- take actions and make decisions as soon as they can
If you are the complainant, you can appeal if you do not agree with your employer’s decision.
Technically, there are no appeal rights if you are the subject of the complaint. You will need to state your case at the Disciplinary hearing as to why a penalty should not be imposed.
If you are successful, this scenario often creates a conflict of outcomes. For example, the Disciplinary Decision Maker may find there is "No case to answer", but the complainant still believes the other party is guilty by virtue of the "upheld" decision.