Problems at Work - the Grievance Procedure
grievances at work?
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Are you experiencing problems at work?
Most of us at some stage experience problems or concerns about their work, working conditions or relationships with colleagues. If you are experiencing problems of this nature, you will want your grievance to be addressed.
Typical issues that may cause grievances to arise within the workplace include:
- Health and safety
- Working environment
- Discrimination
- Organisational change
- Bullying and harassment
- Work relations
- New working practices
- Email and Internet monitoring
- Terms and conditions of employment
- Equal pay
In most cases, you should initially attempt to raise your grievance with your employer on an informal basis as many workplace problems can be resolved and settled during the course of an everyday working relationship. Raising your grievance in this way can help settle the matter quickly without the need to follow a strict grievance procedure.
If however the problems that you are experiencing at work cannot be resolved informally, you should raise a grievance in writing. Ask your employer for a copy of its grievance procedure. This procedure should be followed where possible as the grievance procedure should set out key information for example, to whom your grievance should be submitted; the form in which you should submit your grievance, any time limits and further steps that will be taken by the employer to deal with your grievance.
You should fully set out your grievance to your employer in writing without delay. Your employer should then hold a grievance meeting with you promptly, and should not unreasonably delay meetings. During this grievance meeting you should be given the opportunity to explain your grievance to your employer and to make suggestions as to the steps that your employer could take to resolve your grievance.
The ACAS Code of Practice on Disciplinary and Grievance procedures states that both you and your employer should make every attempt to attend the meeting.
You have a statutory right to bring a companion with you to a grievance meeting. You must first however make a reasonable request to be accompanied at the grievance meeting. The ACAS Code suggests that it would not normally be reasonable for the companion to be someone whose presence would prejudice the meeting, for example an employee who is involved or implicated in your grievance. Employment law solicitors are not normally permitted to attend.
Following on from the grievance meeting, your employer may hold an investigation into your grievance before communicating their decision to you. You have a right to appeal against your employer’s decision if you are not satisfied with the outcome of your grievance. This appeal should be raised in writing, specifying the grounds of the appeal. If you bring an Employment Tribunal claim against your employer without raising a grievance or without pursuing an appeal, any compensation that you may be awarded at an Employment Tribunal could be reduced. An Employment Tribunal would usually expect you to have tried to resolve matters direct with your employer first.
Practical steps for employees
- Seek to resolve problems at work informally, but, if this is not possible, do not delay unreasonably before submitting a formal written grievance.
- Try and follow your employer’s grievance procedure where possible.
- Make every effort to attend meetings and consider bringing a companion.
- Submit a written appeal if you are not satisfied with the outcome of the meeting and set out the reasons why you are not happy with the outcome.
- Be aware of the time limit for bringing a claim at the Employment Tribunal if the appeal is not successful or if your employer does not resolve it promptly.
Disclaimer – The contents of this page are provided for general guidance only and do not replace the need to obtain legal advice about any given situation.
