EMPLOYMENT LAW

Workplace Grievances

Expert Employment Law Solicitors

It can be a stressful situation when making a grievance at work. You may wish to take legal advice to ensure that you get your desired outcome and that you are treated fairly. Our experienced team of Employment Law Solicitors are ready to assist you to resolve your problem with your best interests at heart.

A Grievance can be anything from a verbal complaint to a superior to a letter or an email complaining about the situation in detail. Grievances are a serious matter and should be dealt with quickly and fairly by your employer.

All situations are different and require serious amount of attention. Depending on the severity of the situation, your employer may need to launch an investigation into what has happened to find out the different points of view and facts.

What Grievance Related Services do we provide?

If you haven’t raised your Grievance yet, our team can provide expert advice about your current situation and what the best approach to take and outcome might be.

 If you’re in a situation where you’ve already made a grievance and the situation is not resolved, our team of expert Employment Law Solicitors can help you accomplish a resolution, either through negotiation, or perhaps a settlement agreement or further legal process.

Workplace Grievance FAQs

What is a Grievance?

A grievance is a complaint that you raise with your employer. This may initially be on an informal basis, with the option of it becoming formal if it’s not resolved informally. Or you can raise a formal grievance straight away and ask your employer to deal with it under their formal grievance procedure.

How should my employer react to a Grievance?

Once you’ve raised a grievance, your employer should look into your complaint and report back to you with the outcome. If they have a written grievance procedure, then they should follow this when they are dealing with your grievance. If an employer doesn’t have its own grievances policy it would be well advised to follow the ACAS code of practice on grievances. As part of your employer’s investigation of your grievance, they may hold a grievance meeting with you to help them fully understand your grievance and to discuss how the matter will proceed. Once your employer has reached a conclusion on your grievance, they should get back to you as soon as possible with the outcome in writing.

Do I need to give my employer a Grievance Letter?

You don’t need to give your employer a grievance letter. Any verbal or written complaint you make to your employer can be a grievance. So, if you make any sort of complaint, your employer should respond to it. They should ask you how you’d like them to deal with it. This can include not doing anything further, dealing with the complaint informally or dealing with it as a formal grievance. If it is a formal grievance the issue should be investigated according to your employer’s grievance policy.

Even though employees can raise grievances orally, we normally recommend that they do so in writing so that they have a record they can use later if they need to.

Can I Appeal a Grievance?

Yes. You should be allowed to appeal against a grievance outcome.

Your employer should have a grievance procedure and that procedure should say you can appeal and explain how you go about doing it.

Even if your employer doesn’t have a written grievance procedure, you should be allowed to appeal because the right to appeal forms part of what is accepted as being a fair grievance procedure. It is also a right that is included in the ACAS code of practice on grievances. ACAS code sets out minimum acceptable standards for how grievances should be handled by employers. The code of practice isn’t law but it is accepted as being best practice and an employment tribunal will look at the code when deciding whether or not an employer has acted fairly.

What can I do once the grievance procedure has been exhausted?

When the grievance procedure has been completed, you may be content to accept the outcome and continue to work for your employer as your complaint has been dealt with. If, following the grievance procedure, you feel that you can no longer work for your employer. You may decide to resign from your employment. If you resign because the procedure or the outcome was unsatisfactory you may be able to claim that you’ve been constructively dismissed and bring a claim against your employer for damages and compensation. It may be possible to negotiate a settlement agreement with your employer, in which your employer agrees to pay you certain sums in exchange for you giving up your right to bring a claim against them in a court or employment tribunal.

Can I be Disciplined for raising a Grievance?

If your grievance is a genuine grievance brought in good faith, then your employer cannot formally discipline you for raising it. If you make a complaint that isn’t true or genuine, your employer will be able to discipline you for doing that.

Employment Law Specialists at Atkins Dellow

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