Workplace grievances. Supporting you through difficult situations. Managing workplace grievances requires both sensitivity and strategy. Our employment lawyers will help you address your concerns constructively as well as guiding you through the grievance process. Understanding your options Many workplace challenges can be resolved through open dialogue, and we’ll help you assess whether an informal discussion might achieve your goals. If you need to take more formal steps, we’ll be by your side, explaining your rights and guiding you through each stage of the grievance process. Is it worth raising a grievance at work? It is often in an employee’s best interests to raise a grievance at work if they feel they have been treated unfairly. Employees can elect to start the process with an informal discussion, and you may find that the employer is willing to listen and improve the situation. If not, you may escalate matters by raising a formal grievance or in some circumstances opt to go straight to a formal grievance. Employers and employees should comply with the ACAS Code of Practice on disciplinary and grievance procedures. Failure to do so could have a significant impact on the outcome of any subsequent Tribunal proceedings. A breach of the Code on the part of the employer could result in the Tribunal increasing the compensation awarded in the event of successful claim by up to 25%. Conversely if the employee were to breach the Code any award could be reduced by up to 25%. Most employers have their own disciplinary and grievance procedures. You should be able to find details of your employer’s grievance procedure in your Company Handbook, Intranet or simply by requesting a copy from your manager or HR. Our employment lawyers can assist by drafting or advising on the contents of the grievance or any supporting witness statement and any other relevant documentation in support. We can also advise on proposing or negotiating a settlement with your employer or, in some circumstances, whether you should resign and seek to pursue a claim or claims (if more than one) in the Employment Tribunal. Can I be sacked for raising a grievance? Any dismissal may be ‘automatically unfair’ if the subject matter of the grievance involves an employee seeking to assert or complain about a statutory right e.g. working time or ‘whistleblowing’ and the employer terminates the employee’s employment as a result. Unlike ‘ordinary’ unfair dismissal claims, the employee does not have to have two year’s continuous service to pursue such claims. In addition, whereas the level of compensation awarded for ‘ordinary’ unfair dismissal is capped there is no cap or limit on the compensation which may awarded for most automatically unfair dismal claims. Disciplinary proceedings Disciplinary proceedings may be commenced by an employer in cases of misconduct or poor performance. Some employers may have separate procedures for dealing with poor performance as opposed to misconduct. The ACAS Code should always be adhered to by an employer when drafting or implementing a disciplinary procedure. The key principles of fairness outlined in the ACAS Code are that: Employers and employees should raise and deal with issues promptly and without unreasonable delay Employers and employees should act consistently Employers should carry out necessary investigations, to establish the facts of a case Employers should inform employees of the basis of the problem and give them an opportunity to “put their case in response” before any decisions are made Employers should allow employees to be accompanied at formal meetings Employers should allow an employee to appeal against any formal decision made The ACAS Code is supplemented by the non-statutory ACAS guide which provides practical guidance on the handling of disciplinary matters, based on good industrial relations practice and several decades of unfair dismissal law. Get in touch Contact Mel McCrum Partner, Head of Department Employment 01737 854500 Message Connect On this page Contact our employment law team Get in touch
