A common question we get is, should I raise a grievance at work? We also routinely see clients raising a grievance in situations where it is more likely to do harm than good. People often believe, or are wrongly told, that they should raise a grievance at work.
The starting point is to carefully consider the outcome you want to achieve. When the goal is set, it is easier to determine if you should raise a grievance at work. It is also important to apply your mind to what you are hoping to gain from the grievance.
With most problems at work (not all, obviously), the main options are: stay and fix, negotiate an exit, or raise a claim at the employment tribunal.
Should I Raise A Grievance At Work – Stay and Fix
Generally, if you want to stay at the company, but there are serious issues to address, then this is where raising a grievance may be a sensible idea. We stress the “may” here, as often raising a grievance (or the way it is raised) can make matters worse.
However, if you like the job, really want to stay at the company, and informal attempts to resolve the issue have not worked, then raising a grievance (in the right way) is often a sensible way forward.
Should I Raise A Grievance At Work – Negotiating an Exit
There are some specific scenarios where raising a grievance (and making specific allegations clearly) may provide a tactical advantage and/or insulates you from some other legal risks when the goal is to negotiate an exit. These are the exception and not the rule and are advanced tactics that should be used carefully and with professional advice.
Otherwise, our general rule is, if your main aim is to negotiate an exit, then you should start there (the negotiation) and not by raising a grievance. When negotiating an exit, most people want a resolution sooner rather than later, and often raising a grievance will frustrate and delay negotiations. It is not unusual for employers to feel obligated to fully investigate the grievance (which can take months) and to do that before turning to negotiations.
It is often the case, that instead of advising our clients to raise a grievance, we (on their behalf) approach the employer to negotiate an exit, and we are able to get a deal done quickly. Our client is able to leave with a reference, their reputation intact and with financial compensation (a chunk of which may be tax-free). This can be done without having to wait months for a difficult grievance process to play out.
If we approach an employer to negotiate an exit unsuccessfully (we call this level 1), then we may need to progress to level 2 (which may be a grievance). Therefore, raising a grievance may be something we utilise as part of our strategy, but it is not usually (unless there is a specific reason to do so) our starting point.
Should I Raise A Grievance At Work – Tribunal Claim
Many of our clients believe that you have to raise a grievance before being eligible to present a Tribunal claim. This is not correct. You can raise a Tribunal claim without first having raised the issue via a grievance. There are situations where, if you do not raise a grievance first, the employer may argue that any compensation awarded should be reduced. This is fact-specific, and a Tribunal can reduce compensation where an employee has unreasonably failed to follow the ACAS Code. In certain situations, a Tribunal may therefore expect you to have first tried to resolve the issue internally, including through a grievance. However, whether raising a grievance is the right strategic step often circles back to what you are trying to achieve. For example, whether you want to remain in employment or negotiate an exit.
If you want to stay, then trying to resolve the issue first informally, and if that does not work, via a formal grievance, often makes sense. If the issue remains, then a Tribunal claim (or negotiating an exit), may then be more viable options.
If you want to leave, again, trying to negotiate an exit first makes sense. If that does not work out, raising a grievance and/or considering a Tribunal claim may be more viable options. This is often a tactical consideration that requires serious thought and most likely professional advice.
Should I Raise A Grievance At Work? – FAQs
Do I have to raise a grievance before making an Employment Tribunal claim?
No. You do not generally have to raise a grievance before bringing an Employment Tribunal claim. However, in some circumstances, failing to follow the ACAS Code may affect the compensation awarded. Whether you should raise a grievance first will depend on the circumstances and what you are trying to achieve.
Should I raise a grievance if I want to stay in my job?
Potentially. If you want to stay but there is a serious problem that was not resolved informally, raising a grievance may be sensible. How the grievance is raised is important. Approaching it in the wrong may make the situation worse.
Should I raise a grievance if I want to leave my job?
Not necessarily. If your main objective is to leave with compensation, it may make more sense to explore negotiating an exit first. A grievance can take time and may delay negotiations. There are situations where raising a grievance provides a tactical advantage, but this needs to be considered carefully.
Can I negotiate an exit without raising a grievance?
Yes. We regularly approach employers to negotiate an exit without first raising a grievance. If negotiations are unsuccessful, a grievance may then become part of the strategy.
Can raising a grievance make things worse?
It can. A grievance starts a formal process and can impact the working relationship. That does not mean you should never raise one, but it is worth considering before doing so.
What should I do before raising a grievance?
Start by deciding what outcome you actually want. Do you want to stay and resolve the problem, leave with a negotiated package, or potentially pursue a Tribunal claim? Once you know the goal, it is much easier to decide whether raising a grievance helps you get there. As with most employment law issues, there is rarely a straightforward answer, only trade offs. Before making big decisions, such as raising a grievance, we suggest you: Stay Employed, Take Advice, Act Quickly.