Grievances at work
Raising a grievance at work through your employer's internal procedure is a difficult step to take. It means putting your head above the parapet and making your employer aware of serious issues. It may make you fear repercussions, whether in the form of an immediate backlash, or future impact on your employment.
Only if your without prejudice letter doesn’t result in a decent settlement, should you then raise a grievance.
Read this practical guide about grievances at work in combination with our other articles and guides on different aspects of the subject – see below.
What is raising a grievance at work?
‘Raising a grievance’ is the term generally used when you want to complain formally about something serious that has happened to you at work.
Your complaint could be about almost anything, from the behaviour of your manager or colleagues, through to health and safety issues.
What happened (or is continuing to happen) to you may clearly contravene your employer’s written policies and practices or might be rather more subtle, like discrimination.
Whatever your complaint is, it will adversely affect your ability to perform your work properly. It will be significant. It won’t be trivial or something that’s just annoying but really isn’t important.
When you raise a grievance at work, that means you will be making a complaint to your employer by way of a formal letter or email, detailing what your complaint is about.
On receipt of such a formal letter, your employer is obliged to set up an investigation into your complaint.
If your employer doesn’t have their own grievance policy and procedures, then they would be expected to follow those laid down in the Acas guide on Disciplinary and Grievance Procedures.
Should I raise a grievance?
Raising issues with your employer formally and openly by way of a grievance forces them to investigate the allegations, possibly instruct solicitors and then spend time and money in managing the process.
That is time and money which could have been spent by them in negotiating a fair deal for you.
Your employer won’t always suggest a settlement
Raising a grievance at work puts a legal obligation on your employer to act fairly and not to discipline you or otherwise punish you in any way in reaction to your complaint, as that could be seen as victimisation.
For example, let’s say you raise a formal grievance regarding discrimination or whistleblowing. In such cases, your employer will almost never propose a settlement agreement with the termination of your employment.
This is because their action could be seen as them dismissing you and therefore being held liable for victimisation against you for raising a grievance. (See our guide to discrimination at work for more about victimisation.)
If you want a settlement, then tell your employer
Whereas if you raise the same issues on a without prejudice basis and suggest termination and a settlement agreement, they are free to negotiate, as you have made the first move regarding a settlement.
This guideline isn’t always to be followed as there are circumstances in which raising a grievance and then starting settlement negotiations can put pressure on HR to settle with you, rather than having to conduct a potentially disruptive grievance investigation.
However, if a settlement is what you actually want, then don’t sit and wait for your employer to make an offer of settlement as it is unlikely that it will be forthcoming.
Instead, be proactive and initiate without prejudice negotiations towards a settlement, alongside a formal grievance procedure.
When is raising a grievance a good idea?
If you want to make your employer aware that you have been subject to breaches of contract, including breaches of ‘trust and confidence’ and that you want to start negotiating an exit package, it can be a good idea to raise a formal grievance.
Constructive dismissal is not seen as being as serious as, for example, discrimination, and so an employer will sometimes be willing to negotiate an exit package once these issues are raised.
If you have been subject to unlawful deductions of wages, your contract has been breached or changed and you wish to work under protest, then you should consider raising a grievance if your informal efforts, such as raising the issue with your line manager, have failed.
If you have been the victim of harassment or illegal or unlawful behaviour, it is usually best to raise a formal grievance as these are serious issues that your employer needs to be aware of, especially if you wish to remain in employment.
This not only makes your employer aware of the issue but also can afford you protection from victimisation and also, in some circumstances, from unfair dismissal.
When is raising a grievance a bad idea?
It’s not a great idea to raise a grievance about trivial matters, especially when those matters could have been resolved through informal channels via your line manager or HR.
If, for example, you believe that your manager is not affording you proper opportunities to progress, or is not crediting you properly for your achievements, then this is not the sort of matter which should be the subject of a grievance.
Likewise, if you have had a disagreement with a colleague, you may be seen as disruptive if you raise a formal complaint rather than attempting to resolve the matter informally or via your line manager or HR.
Why go through the grievance process and not just resign?
There are several advantages of participating in the grievance process, rather than just resigning, including the following:
It’s a chance for your employer to consider a settlement agreement
After you’ve submitted a grievance is the perfect opportunity for your employer to consider offering you a settlement agreement.
They will be forced to think about your case at the time, and will not want to spend unnecessary hours doing unproductive grievance hearings.
In addition, they probably don’t really want employees who submit grievances as it could affect the rest of the workforce.
So long as your case isn’t about such matters as whistleblowing or discrimination (see above), then what better timing for them to offer you a settlement agreement?
It helps to set the record straight
When the letters go back and forth, it makes both sides think about exactly what has happened and set out their explanation for it. So your employer will have to nail their colours to the mast.
This could prove very useful later on in any employment tribunal action.
It also gives you the formal opportunity to have your questions answered in writing rather than being fobbed off in endless meetings.
It may result in additional compensation for you
If you do go to an employment tribunal and win, the tribunal can award you additional compensation if your employer has failed to follow the grievance process correctly.
Similarly, if you have failed to follow it then your compensation can be reduced. The range of possible adjustment is 0-25%.
It helps prove procedural unfair dismissal
If you are dismissed, it will help you to prove a claim for unfair dismissal if you can show that the proper procedure was not followed by your employer. So by doing this now you are helping yourself later on.
If your employer sees that you have a good chance of succeeding at a tribunal, the more likely they are to offer you a decent settlement agreement, whether or not you actually have any intention of going to tribunal.
How to address grievances at work: An expert’s view
You should see raising a grievance as a tool to get you what you want, whether it’s a resolution so that you can continue working, or the first stage of negotiating a settlement agreement.
It’s a means to an end and not an end in itself.
By raising a grievance you may think this will be the end to all your problems, however, this is unlikely.
Indeed it may just be the start of them, so be smart and know what you want to gain from this process before even sitting down at your computer and starting to type.
If you can’t think of a resolution, then ask yourself whether you should be raising a grievance in the first place?
How can I get help with raising grievances at work
Monaco Solicitors are specialist employment lawyers who can help you with all stages of raising a grievance. We can also help you reach a settlement with your employer, or take your case to an employment tribunal, whichever is best for you.
Just click the button below to get started and find out if we can help you.
Our related guides
- Grievance procedures at work
- Grievance meetings at work: advice for employees
- Grievance letters and how to write them, plus letter templates & examples
- Settlement agreements, compromise agreements and how much should I get?
- Without prejudice: How and when to use it in negotiations?
- Without prejudice communications
- Without prejudice letter templates