Should i write a work grievance or not

The difference between submitting a formal grievance and an informal email may be quite a small difference.

On paper, they would both set out your complaint – but there is a big difference in practice.

This is because the ACAS code of practice sets out a procedure which employers should follow upon receipt of a grievance letter.

Full transcript:

Should I write a grievance or not that's
the question you're asking yourself
right now you're at work you're being
treated badly or something's going wrong
and you're just wondering whether you
should write a grievance letter a formal
letter grievance to your employer or not
well firstly ask yourself what do you
want out of the situation so that's the
first piece of advice you need to
understand in other words do you want to
leave your job or do you want to keep
your job alright if you want to keep
your job then obviously may be raising
it informally it's probably the best way
to start off with and if you haven't got
a management structure if you look your
line manager isn't good enough or
management or HR isn't good enough to
understand your informal raising the
issue you probably going to be asking
yourself why do I want to stay in this
job anyway so it's actually it can be a
little bit of a self-destruct button
right here grievance for a job in as
much as that for the other approach
which is where you want to leave your
job yeah okay you can see that right
agreements might work but ultimately you
know we're going to talk about what you
want from that so do you want an exit
package do you want to negotiate a
severance payment food for leaving but
if you don't want to negotiate severance
payment if you want to keep your job the
thing about writing a grievance is it's
going to put you at odds with your
employer however there are certain
situations where it might work for
example there might be a bunch of you
like a group of individuals all clubbing
together to kind of complain about a
manager of sins situations where that it
ends up in that manager being
investigated or dismissed or if you
really love your job but there's just
something that you really must make a
formal grievance about and you really
think that's going to help you great
fight you know
and do that if you're looking to leave
your job then basically and don't get me
wrong but you'll probably if you're
being badly treated you should be
looking to get an exit package look into
negotiate severance pay or lump sum
payment or even if that's just a month's
pay or something where you don't have to
work being on garden leave or maybe even
a number of months salary depending on
how badly you've been treated and and
depending on the strength of your
evidence so if you're looking to leave
your job actually the grievance is
probably not at all in your toolkit that
you want to be using at first instance
so the first tool that you want to use
in your toolkit is what's called the
without prejudice letter
so the without prejudice letter is a bit
like a grievance letter but it's it's
actually quite subtly different in as
much as that instead of the grievance
procedure being started and an
investigation being started and having a
meeting and having you know your
employer spending all this time and
money let's face it on investigating
your grievance but without prejudice
that is basically an off-the-record
letter saying that confidentially these
things have happened and you know that
you want a settlement and setting out
the settlement that you want to get so
in this without prejudice letter which
is off-the-record confidential it won't
be necessarily investigated you won't
have to have meetings there won't be a
formal procedure and you can just enter
into negotiation with your employer just
talking about you know yeah what
happened and when and who said what and
why and so on but also just talking
about that the money or the exit package
the severance payment that you want in
order to leave quietly when I say leave
quietly I mean not starting an
employment tribunal claim which is your
right to do so if you've been if you've
been unfairly treated or illegally
treated at work so why is without
prejudice letter better than the
grievance letter for this situation
where you want to leave and negotiate an
exit package severance payment well
think about it once you start the
grievance procedure now your company
probably has a formal grievance
procedure and even if they don't there's
one by an organization called a cuss a
CAS you can search that online and that
sets out what a grievance procedure is
that has to be an investigation so it
has to be an invite to a meet
then you have a right to an appeal you
can have an appeal meeting and
everything has to be in writing it's
very formal and that takes time and
money and effort for your employer to go
through so first of all all that effort
and the money that they could have given
to you as in negotiation as a negotiated
exit package a payoff instead they're
just kind of wasting it on this
grievance procedure so that's kind of
money in the bit so really by writing
with it without prejudice letter you
already got a head start that's already
additional capital there which you could
and not negotiate it for yourself rather
than having to spend it all on
investigations the second thing about
grievance procedures generally and
letters and meeting us on is it because
it's all public and well it's not public
is within the employer but because it's
all on the record is not off the record
like without prejudice letter normally
99 times out of 100 an employer will
kind of do everything they can to make
to clear their name so they'll deny it
or if even if or or partially admit some
things but say you you know you've got
something's wrong they'll try and get
witnesses so once they've done
everything they can to kind of clear
their name and not admit their a fault
then at that point if you then want to
start a negotiation it's actually going
to be harder for you to do because you
know there's no real wriggle room for
them to admit that they've done
something wrong you know off the record
way and then sort of an offer your
payment because they've already kind of
publicly or more formally stated that
haven't done anything wrong so then they
would feel hypocritical and they might
feel that they're now have to stick to
their guns
you know they can't offer you a
negotiated severance payment they'd
actually just have to stick to their
guns and even defend the tribunal claim
which no one wants because tribunal
claims when they're defended can take
you know a year and be a huge amount of
effort
very stressful as well and that's for
both sides but obviously for you you
might be going it alone
whereas for them they might have lawyers
and HR and for them it's just a day job
so it's actually gonna be more stressful
for you so your best bet my advice would
be to negotiate yourself an exit package
a severance payment whenever you can if
you are being badly treated at work and
you're gonna leave right so thanks for
watching this video should I write a
grievance the next video you should
watch is how to write a grievance so
that's the one coming up next