A grievance gives you the opportunity to raise your concerns with management.
What can I raise a grievance about?
- Terms and conditions of employment
- Health and safety
- Work relations
- Bullying and harassment
- New working practices/organisational changes
Should I raise a grievance?
You’ll want to know what’s the best thing to do to get the outcome you want. As specialist employment solicitors, we’ll advise you on your options.
Starting a grievance can protect your position by putting down a ‘marker’ of why you are not happy. The timing of it is crucial.
Whether you are in the middle of a redundancy consultation, facing allegations of poor performance or suspect you are about to be dismissed, the grievance allows you to set out your complaints formally before your employer takes further action. This can often halt your employer’s intentions in its tracks whilst your grievance is being investigated, and may frustrate your employer’s ability to proceed in the way they had originally intended.
What if I don’t raise a grievance?
There are good reasons to not raise a grievance – especially if you are ready to resign and claim constructive dismissal. Some claimants don’t raise grievances because they have already lost trust and confidence in their employer.
The law has changed. Not raising a grievance is no longer fatal to your Employment Tribunal claim. However, if the Tribunal considers it was unreasonable for you to have missed out the step, your award can be reduced by up to 25% – the idea being you should have tried to resolve matters with your employer before bringing a formal claim.
How do I raise a grievance?
Speak to us first. We are specialists in employment law and because we act for businesses too, we know what to say to have the effect you want.
Call us anytime for free on 08000 614 631, in confidence and without any obligation.
Your employer will usually already have a grievance procedure. This will often require you to submit it in writing to your line manager (or a more senior manager if the grievance relates to your line manager). In the absence of a policy, you should lodge the grievance in any event with your manager or HR.
The grievance should set out in detail why you are dissatisfied:
- Start by setting out that you would like to lodge a formal grievance
- Set out the circumstances of your complaint such as feeling bullied, discriminated against or maybe your pay was not correct, which has led you to write the grievance – or why a process being followed wasn’t fair
- Set out a chronology, with reference to relevant facts, including dates, times, parties to any discussions and reference to any relevant documents
- If relevant, say how it has affected your health
- Importantly, be clear what you want to happen as a result of your grievance
You will then have a meeting to elaborate on your grievance and after an investigation, you will be told the outcome.
We can prepare you so you can go into the meetings with confidence.
Will my employer put a disciplinary process on hold to hear my grievance?
Each case will depend on its particular facts and your employer will have to show that not suspending the disciplinary process to investigate your grievance was a fair and reasonable thing to do. A dismissal will not necessarily be unfair if your employer does not put a disciplinary process on hold to deal with your complaint.
Can I raise a grievance after I have left?
You can, but your employer is not obliged to consider it. Any grievance you have should really be lodged whilst you are still an employee.
What happens if the grievance is unsuccessful?
If your grievance is unsuccessful, you will be given an opportunity to appeal.
We will advise you whether an appeal is the best thing to do or whether you have cause to resign and claim constructive dismissal.
Negotiating an exit from work
Negotiating an exit from work is never easy – especially when you are on your own. That’s where we can help.
Your working relationship may have broken down or it could be the time is right for you to move on from your current position.
When the time comes to leave your employer it can be challenging making sure your interests are covered. You will want to leave on the best terms, but emotions may be charged and a dispute can leave you uncertain of your financial future and your confidence low.
We’ve spent years working with employees helping them to negotiate. We provide clear, frank and practical advice to make sure the terms of your Settlement Agreement reflect the best deal possible. Our expertise in employment law, contracts, Employment Tribunals and benefits packages all ensure you get the best advice.
This is where we come in. Employment law is all we do.
Whether you want to take the initiative or if you are asked to leave, it can often feel that your employer holds all the power. They will likely have experienced HR professionals or a solicitor working in the background. That’s why you need the best support and advice available. You need a specialist employment lawyer – one who will push for the best deal possible in negotiating an exit.
We understand how it feels. We have helped hundreds of employees and because we act for businesses too, we know the tactics you’re likely to face from your employer. We know every trick in the book.
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