A grievance in work is often a major and daunting step.
However, below we cover ways issues at work can be dealt with, including raising a grievance and whether such a step is a good idea.
Issues at work rarely resolve themselves so it is important to focus on what is in your control and to take the necessary steps.
We are specialists in helping people resolve their Grievances / issues at work, either through advice or negotiating an exit.
What is a Grievance?
A grievance can be any concern or problem at work, but is usually a reference to a process where an employee raises a formal complaint at work with the expectation that the employer will investigate it.
There is no legal definition of a grievance.
However, it is usually seen as more than a general moan or expression of dissatisfaction. In most cases, a grievance will be made in writing and marked as a “grievance.” We recommend a grievance takes that form (so is made in writing and clearly marked as a “grievance”.
How To Raise Grievances At Work?
The starting point is to firstly check if your employer has a grievance policy.
If it does, then it is likely to explain how to start a grievance.
If there is no policy or guidance on how to start a grievance, it makes sense to send it in writing to your line manager. If the grievance is about your line manager, consider who else it can be sent to.
As covered below, first consider if a formal grievance is necessary and if it can be dealt with informally instead.
Learning how to write a grievance well is important too.
When Should I Raise a Grievance At Work?
This depends on what you are trying to achieve.
Our general rule is, if you want to stay at the business, you should first try and resolve the issue informally and then formally (if needed) by raising a grievance. However, if you want to leave the business, you start formally with “without prejudice” communications and see if you can agree exit terms (a helpful guide to negotiating an exit can be found following the link in summary section below).
If exit terms are not agreed, then raising a grievance at a later stage may be an option.
Raising a grievance about trivial matters is not a good idea. In most cases, the first step is to try and resolve issues informally via your line manager or HR (as set out above, grievances at work can be stressful).
It is also important to consider what outcome you want from the grievance and to make this clear during the process. You are more likely to get the outcome you want if you make clear what you are looking for. We see lots of grievances that make a complaint, but do not set out what resolution is sought.
If you are having issues at work, we cover some key considerations in this article here.
We cover the main ways to deal with issues at work in this article here.
How should my grievance be dealt with?
If you raise a formal grievance (in writing) then the Acas Code of Practice will apply. This sets out that:
- The grievance should be in writing.
- Your employer should acknowledge the grievance and carry out any necessary investigations.
- You will then be invited to a grievance hearing.
- You should receive an outcome to your grievance in writing and be afforded the right to appeal the outcome.
- If you decide to appeal, the appeal must also be in writing.
- The employer should then hold a grievance appeal meeting, decide if any other investigations are required, and then provide a final outcome in writing.
An employer should investigate and resolve your grievance within a reasonable timeframe and investigate the issues to the extent it is able to reasonably do so. How to write a grievance at work well is an important skill, because if the complaints are not fully understood, they are less likely to be fixed.
There is an implied term in employment contracts that your employer will reasonably and promptly afford redress to any grievance raised. Further, a failure to handle a grievance properly might amount to a breach of the implied term of mutual trust and confidence.
Therefore, the inept handling of a grievance may give rise to a claim for constructive unfair dismissal, if the employee has at least 2-years of continuous service.
IN SUMMARY
If you are experiencing issues at work, first consider if these can be dealt with informally.
If not, think carefully about whether you want to stay employed and fix the issues (in which case a grievance may be an option) or if you would prefer to leave the business (in which case, we recommend that you stay employed and seek to negotiate an exit).
If there is a specific outcome you would like, then make this clear during the grievance process. If you don’t have a specific outcome in mind, consider if a grievance is even necessary (grievances at work are often difficult for all involved).
Grievances at Work – Frequently Asked Questions
1. What is a grievance at work? A grievance is a formal complaint made by an employee regarding a workplace issue, often concerning unfair treatment, discrimination, bullying, or contractual disputes. It is usually submitted in writing and requires an employer to investigate and respond appropriately.
2. Is there a legal definition of a grievance? No, there is no specific legal definition of a grievance. However, it generally refers to a formal complaint, rather than a general expression of dissatisfaction.
3. How do I raise a grievance at work?
- Check if your employer has a grievance policy and follow the outlined procedure.
- If no policy exists, submit your grievance in writing to your line manager or an alternative senior figure.
- Consider whether an informal resolution is possible before escalating to a formal grievance.
4. When should I raise a grievance?
- If you want to stay in the business, attempt informal resolution first, then escalate to a grievance if necessary.
- If you want to leave the business, consider “without prejudice” negotiations to secure exit terms before submitting a grievance.
- Avoid raising grievances over trivial matters that could be resolved informally.
5. What happens after I submit a grievance? Under the Acas Code of Practice, employers should:
- Acknowledge receipt of the grievance.
- Conduct an investigation into the complaint.
- Hold a grievance hearing where you can present your case.
- Provide a written outcome, including the decision and any actions taken.
- Allow you to appeal the decision in writing, leading to a grievance appeal hearing and a final written outcome.
6. How long should my employer take to handle my grievance? Employers are expected to investigate and resolve grievances within a reasonable timeframe. Delays in addressing complaints may breach the implied term of mutual trust and confidence and/or that employers must reasonably and promptly address employee grievances in your employment contract.
7. Can poor handling of my grievance lead to a legal claim? Potentially. If an employer mishandles a grievance, it may amount to a breach of contract or constructive unfair dismissal (if you have at least two years of continuous service).
8. What should I consider before raising a grievance?
- Can the issue be resolved informally? If so, a grievance may not be necessary.
- What is my desired outcome? Be clear about what resolution you seek.
- Do I want to stay or leave? This will affect your approach.
- How will my employer react? Consider the workplace dynamics and possible repercussions.
9. Should I get legal advice before submitting a grievance? If your case is complex or involves serious issues (e.g., discrimination, harassment, contractual breaches), seeking legal advice before submitting a grievance may help strengthen your case and protect your rights. If you want to negotiate an exit, you should seek legal advice immediately and before raising a grievance (or doing anything else), as this may prejudice the negotiations.
10. What if my grievance is ignored or dismissed unfairly? If your employer does not respond properly, you may:
- Raise an appeal within the company.
- Consider mediation or Acas early conciliation.
- Seek legal advice on further action, including potential claims in an Employment Tribunal.
In Summary:
- First, try to resolve issues informally where possible.
- Decide whether you want to stay and fix the issue or leave and negotiate an exit.
- Ensure your grievance clearly states the issue and desired resolution.
- If your grievance is mishandled, it could support a legal claim.
- Legal advice may be helpful, especially for serious matters or if you want to negotiate an exit.
For more detailed advice, consider speaking to an employment law specialist.
Disclaimer:
This blog is for information purposes only. Nothing should be relied upon as a substitute for legal advice and nothing written should be construed as legal advice or perceived as creating a lawyer-client relationship.