ACAS guidance suggests that any employee who has a complaint or grievance should raise the grievance in writing with his employer, before commencing Employment Tribunal proceedings. An unreasonable failure by an employee to take the first step of raising the grievance in writing could mean that any award that is subsequently made to them at an Employment Tribunal is reduced by up to 25%.
Of course, Employment Tribunal proceedings may not be at the forefront of your mind when you lodge a grievance. Most employees lodge written grievances in order to try and resolve the problem without the need for Tribunal proceedings.
In your grievance letter you should set out the basis of your complaint. Your employer may well need to ask you for further information but your letter should set out sufficient detail so that your employer knows what and who you are complaining about and what you would like to see happen to put things right.
Once your employer receives your written grievance, it is under a duty to investigate matters promptly. This will involve meeting with you if further details are needed or clarification is required and it may involve meeting with any person you're complaining about and any other relevant witnesses who may be able to shed light on the matter.
There will then be a formal meeting at which you may be accompanied by a work colleague or a trade union representative.
Following the grievance meeting, the employer should write to you with its decision. Hopefully this will put matters right but, if not, you should be offered a right of appeal to a more senior manager.
You should then be invited to an appeal meeting following which the employer should write to you with the outcome.
Usually this is end of the internal grievance procedure. If you are still unhappy and are considering whether to resign and claim constructive dismissal you must act promptly. See the section here on You want to leave your job. Any significant delay in resigning could result in you losing your claim.
You may want to bring some other type of claim that does not involve resigning (e.g. discrimination or non-payment of wages). Most such claims have strict, and fairly tight, time limits so it is important to take advice promptly.
Darbys' Employment Team has substantial experience of advising employees who have a workplace grievance. As well as the law, we can advise you as to when the grievance should be lodged, to whom the grievance should be directed, and the contents of the grievance letter.
Although solicitors are not entitled to accompany employees to grievance meetings, we can guide you through the process, including any internal appeal and, finally, on whether an Employment Tribunal claim would be appropriate.
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