A guide to workplace grievances
Dealing with workplace issues can be tricky. When problems arise, understanding how to address them professionally and effectively is essential. If you’re feeling uncomfortable, unhappy, or treated unfairly at work, filing a grievance might be the right step. This guide will walk you through the basics of workplace grievances in the UK, covering what they are, the steps involved, and what you can expect throughout the process.
Whether it’s your first time considering a grievance or you’re just curious, we’ve broken down the essentials to help you navigate these often tricky situations confidently and knowledgeably.
1. What is a grievance?
A grievance is a formal way for employees to raise concerns or complaints about their workplace. Grievances can cover a wide range of issues, including (but not limited to):
- Discrimination, bullying or harassment
- Unfair treatment by a manager or colleague
- Health and safety issues
- Pay or contract disputes
- Working conditions or work-life balance issues
In essence, a grievance allows employees to express any dissatisfaction they feel regarding their working environment, relationships, or treatment.
Grievances can be informal or formal, depending on the nature of the complaint and the employee’s preferences. Understanding the difference and knowing when to take which path can make a big difference in how effectively your issue is addressed.
A well-structured grievance procedure helps both the employee and employer address issues in a fair and systematic manner, potentially avoiding escalation or legal action. It is likely your employer has a grievance policy in place, so it is well worth reviewing this before you consider your next steps. If there is not a policy in place, the employer should follow the ACAS Guide to Discipline and Grievances at Work.
There is also an ACAS Code of Practice on Disciplinary and Grievance Procedures (“ACAS Code of Practice”), which presents the rules that both employers and employees should follow during this process. A failure to follow the rules in this document could result in either a reduction or increase in any compensation due at a Tribunal by up to 25%.
2. Informal procedure: Starting with a conversation
Before moving straight to a formal grievance, many workplaces encourage employees to try an informal approach first. This means bringing up the issue directly with the person involved or discussing it with a manager or HR representative. Informal conversations can often lead to faster, less stressful solutions.
Why choose the informal route?
An informal approach is generally quicker and less confrontational. If your issue is a minor misunderstanding or a problem that could be easily fixed with clear communication, it may be best to try this route first. This approach can also preserve working relationships and keep a friendly, cooperative atmosphere.
How to approach an informal grievance
If you choose this route, start by arranging a private meeting with the relevant person. Explain your concerns clearly, staying focused on facts rather than emotions. Offer possible solutions, if appropriate, and remain open to feedback. If the issue involves your manager, you might want to speak to a different manager or a representative from HR.
3. Formal procedure: When to file a formal grievance
If an informal conversation doesn’t resolve the issue or if the problem is too serious to handle informally, the next step is to follow a formal grievance procedure. This is a structured process and involves written documentation of your complaint.
How to start a formal grievance
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Prepare a written statement: Outline your grievance clearly and concisely. Be specific, providing dates, names, and any evidence (like emails or notes) that support your complaint. State what outcome or solution you are hoping for.
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Submit the grievance: Follow your workplace’s grievance policy to submit your complaint. Most companies in the UK will have an HR department or grievance officer who will handle formal grievances, so it’s important to know the correct contact.
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Keep copies of everything: Ensure that you keep copies of all documents related to your grievance. This includes your written complaint, any correspondence related to the grievance, and notes on any conversations you have with HR or managers about it.
Formal grievances can feel intimidating, but remember that this process is there to protect your rights as an employee and ensure you’re treated fairly.
4. The grievance meeting: Presenting your case
After submitting a formal grievance, you’ll likely be invited to a grievance meeting. This meeting gives you a chance to explain your complaint in person and provide further context or evidence. It’s also an opportunity for your employer to ask questions and clarify details to better understand the issue.
What to expect at the meeting
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Attendees: The meeting will usually include you, a manager or HR representative, and possibly a note-taker. You are entitled by law to bring a trade union representative or work colleague to support you, so long as your grievance concerns a duty owed to you by your employer. However, it’s worth being aware that paragraphs 35 and 39 of the ACAS Code of Practice say a request must be reasonable. Your companion is entitled to speak on your behalf, so it’s important to choose someone who will help explain your issue, rather than antagonise the situation. Where your employer refuses a reasonable request to be accompanied this is illegal and you can bring a complaint to an employment tribunal.
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Preparation: Before the meeting, review your grievance statement and gather any supporting documents. Prepare a list of key points and any additional details you’d like to mention. You will also need to explain how you would like your grievance to be resolved, so consider this before the meeting including potential reasons your employer may object to this.
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During the meeting: Answer questions clearly and stay focused on the facts. It’s natural to feel emotional, especially if the issue has caused stress, but try to remain calm and professional. This will help you communicate your case more effectively.
The meeting is a formal step, so treat it seriously. Take notes if needed, and make sure all your concerns are clearly stated before the meeting concludes.
5. Outcome: Finding resolution
After the meeting, your employer will consider all the information provided and make a decision. This is known as the “outcome” of your grievance. You should receive the decision in writing, along with an explanation of how the decision was reached.
Possible Outcomes
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Resolution in your favour: If your grievance is upheld, the company will likely take steps to address your concerns. This could mean a change in procedure, disciplinary action against another employee, or other adjustments to improve your work environment.
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Resolution not in your favour: Sometimes, the employer may find no sufficient evidence to support your grievance. This doesn’t mean they’re dismissing your concerns, but they may not feel there’s enough to warrant further action.
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Alternative solutions: In some cases, a compromise or alternative solution may be suggested, especially if the complaint is complex or involves multiple perspectives.
It’s natural to feel disappointed if the outcome isn’t exactly as you’d hoped. However, companies are required to take grievances seriously, and a fair investigation will often lead to reasonable solutions.
6. Appeal: Taking it one step further
If you’re unhappy with the outcome of your grievance, UK law allows you to appeal the decision. An appeal is essentially a request for your employer to reconsider the case, often because you feel key evidence was missed, or you disagree with the outcome.
How to appeal a grievance decision
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Prepare an appeal letter: This should outline why you disagree with the initial decision. Be clear and concise, referring to specific reasons or evidence that supports your position.
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Submit your appeal: Follow the company’s procedure for submitting an appeal. Just as with the initial grievance, make sure to keep a copy of your appeal letter and any additional documents.
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Attend the appeal meeting: Much like the grievance meeting, you may be invited to an appeal meeting. This is your chance to further explain your perspective and highlight any aspects you believe were not adequately considered.
An appeal is usually the final stage of the grievance process. If you still feel your issue hasn’t been addressed, you may need to consider other options. You could contact ACAS, a free government service, to initiate conciliation with your employer. This could result in your grievance being reconsidered or a financial settlement being negotiated. If conciliation is unsuccessful, you could choose to resign and bring a claim of constructive dismissal at Tribunal.
Conclusion: Moving forward after a grievance
Workplace grievances can be challenging, but they also provide a necessary path for employees to address issues and foster a fairer work environment. By understanding the process, preparing thoroughly, and maintaining a professional attitude, you’ll be better equipped to handle any grievance that may arise.
The grievance process is ultimately about finding solutions, not creating conflict. In the UK, most companies want to work with their employees to resolve issues positively, and by following these steps, you can help create a healthier, more supportive workplace for everyone.
If you’re considering a grievance or are currently dealing with one, remember that you have the right to be heard and treated fairly.
