Workplace Grievances

What is a grievance in the workplace?

A grievance in the workplace is a formal complaint about a workplace issue. This could include anything from unfair treatment or discrimination to a breach of contract. Grievances can be raised by employees to address concerns or seek resolution for problems they are facing. It’s a way for employees to voice their concerns and advocate for their rights within the workplace.

How to raise a workplace grievance?

If an employee has a problem at work it’s usually a good idea for them to raise it informally, before a claim or litigation is considered.

The ACAS website is an excellent resource for information about raising a grievance but provided it is submitted in writing an employer should follow a formal procedure and most responsible employers will have their own grievance policy. In the absence of such, best practice is to follow the Acas Code of Practice on disciplinary and grievance procedures.

What are the the advantages of raising a grievance?

The advantages of an employee raising a grievance before considering a claim for damages are as follows:

• A well investigated grievance with a fair outcome can often mitigate the situation offering a sense of justice and finality that might mean further action in the form of litigation is not required. So many of our clients tell us that they would not have pursued a claim had their employer validated their issues and put in places measures of support and redress.

• Even if the grievance is not upheld, it gives the employer an opportunity to ensure a similar situation does not arise in the future.

• It helps put the employer on notice of a mental health injury/disability which is an essential component of most stress at work claims.  Remember, it is very difficult to hold an employer responsible or negligent for a metal health injury if that injury was unforeseeable.  By raising a grievance an employee may well protect their ability to bring a claim in the future should things not improve at work.

• The investigation is likely to generate evidence crucial to the outcome of any subsequent claim, including:
  • Witness statements
  • Emails
  • Key documents

• There is likely to be a finding of fact which may prove influential in a claim based broadly on the same facts.  Judges are very reluctant to re-open grievances and so if  a grievance has been upheld in the employee’s favour that is often very helpful.

• It assists the lawyers representing the Claimant to understand how a claim might be defended, should it be brought, which can give the employee a tactical advantage at the outset when drafting their claim.

Contact Setfords today for an initial consultation and let us help you understand your rights and options.