If you have submitted a Formal Grievance at work, please read on for our Top Tips for attending a grievance meeting with your employer.
We often receive calls from concerned clients who have submitted a Formal Grievance and are, understandably, nervous about the process. If you have submitted a Formal Grievance at work, we would be delighted to help. For a free consultation with one of the team at Lincs Law Employment Solicitors, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Please note, this blog specifically deals with the situation whereby you have raised a Formal Grievance and you have been invited to a grievance meeting. If you would like information about how to initially raise a Formal Grievance with your employer, please see here – https://lincslaw.co.uk/blog/how-to-raise-a-formal-grievance/
What Is a Formal Grievance?
If you have informally raised concerns at work to no avail, you may need to raise a Formal Grievance.
A Formal Grievance is an employee led concern. There can be numerous reasons why an individual wishes to submit a Formal Grievance. For example, it could be they are suffering acts of bullying or harassment, a type of discrimination, being subjected to unfair capability/disciplinary proceedings or pay related issues.
For more information about Formal Grievances, please see here – https://lincslaw.co.uk/blog/what-is-a-formal-grievance/
Our Top Tips
Here at Lincs Law Employment Solicitors, we have over 80 years’ combined experience advising clients in respect of their concerns at work. As such, we have prepared our Top Tips to help you prepare for your grievance meeting. These are noted below.
1. Review Your Employer’s Grievance Procedure
To explain, if you have submitted a Formal Grievance, your employer should follow their own grievance procedure (if they have one). This can usually be found in your Contract of Employment or Employee Handbook.
If you do not have a copy of your employer’s procedure, it is very important you ask for a copy. This will allow you to check your employer is following their own policy and prepare yourself for the next steps.
In any event, your employer should follow the ACAS Code on Disciplinary and Grievance Procedures (“the ACAS Code”). This sets out the minimum standard expected of an employer when dealing with grievance proceedings.
Essentially, your employer should:
- Invite you to a grievance meeting and investigate your concerns raised in your Formal Grievance;
- Allow you to be accompanied at the grievance meeting; and
- Decide on the appropriate action; and
- Inform you of the outcome in writing; and
- Provide you with an opportunity to appeal the outcome.
If your employer does not follow a fair grievance procedure, you should raise your concerns about this accordingly. Ideally, you should do so in writing.
2. Gather Any Evidence to Support Your Case
Before raising a Formal Grievance (and certainly before attending a grievance meeting), you should collate any evidence you have to support your case. The evidence available will, of course, depend on your personal circumstances and the nature of your concerns. However, this could include emails, letters, photographs, messages etc. This evidence should then be shared with your employer.
3. Ensure The Correct People Action Your Grievance
Before attending any grievance meeting, it is important you know who will be dealing with your Formal Grievance i.e., who will be investigating, hearing, and making decisions on your grievances.
Importantly, such person should be impartial and as objective as possible. For example, if you raised a Formal Grievance about your Line Manager, it would be inappropriate and unfair for them to be involved in the grievance process. If you have concerns about who is dealing with your Formal Grievance, you should raise such concerns with your employer (in writing) as soon as possible.
4. Exercise Your Right to Be Accompanied
We would always recommend taking someone along to support you in your grievance meeting.
If your complaint relates to a duty owed by your employer to you (which is very wide), you have a legal right to be accompanied by one of the following people: –
- A Trade Union Representative; or
- An official employed by a Trade Union; or
- A work colleague.
Importantly, the above means you do not have a statutory right to take a family member or friend, for example, to your grievance meeting. If you would like to be accompanied by one of these people, however, you should:
a) Check your employer’s own grievance procedure. This may allow a wider range of people to accompany you in the grievance meeting. If so, make sure your employer follows their own procedure!
b) Even if your employer’s grievance procedure is silent on the matter, you can still ask your employer if someone else can accompany you. Again, whilst you do not have any legal right in this regard, your employer may nevertheless agree to your request.
Furthermore, if you have a disability (for example, a mental health condition), being accompanied in your grievance meeting by a family member or friend may be considered a reasonable adjustment. For more information about reasonable adjustments, please see our blog here – https://lincslaw.co.uk/blog/disability-discrimination-what-are-reasonable-adjustments/.
5. Ensure All Meeting Notes Are Accurate
Finally, it is very important any meeting notes produced by your employer are accurate and contain a comprehensive record of your discussions. You should be provided with a copy of such notes following your grievance meeting. We would therefore advise you spend time reviewing such notes. If you consider there are any mistakes or details missing, you should alert your employer and request any necessary amendments.
It may also be in both parties’ best interests for your grievance meeting to be recorded. You may wish to request this before the meeting to ensure there is a clear record of your discussions. You should be very careful not to covertly record such meeting, however, as this could result in disciplinary action. Please see here for more information about this – https://lincslaw.co.uk/blog/covert-recordings-of-meetings/
I Do Not Agree With The Outcome Of My Grievance – What Should I Do?
Following your grievance meeting, your employer should consider your grievances and decide whether they are upheld, or not. If they are upheld, your employer should then decide the next steps/actions to be taken. You should be informed of the outcome in writing.
You should be given the opportunity to appeal. If you do not appeal, any decision will stand. These decisions cannot be challenged internally months later. Also, if you bring a claim to the Employment Tribunal, an Employment Tribunal Judge will expect you to have exhausted all internal processes and can reduce your compensation if you have failed to do so.
Given the above, if you do not agree with the outcome decided by your employer, it is very important you submit an appeal.
Your appeal should be dealt with without unreasonable delay and as soon as possible. Your appeal should also be dealt with impartially. For example, the person who decided on the outcome of your grievance (as above) should not hear your appeal. This should be heard by someone who has not previously been involved in your Formal Grievance.
Again, you have the right to be accompanied at any appeal hearing in a similar manner to the above.
Important Note – Beware of Employment Tribunal Time Limits!
If your concerns raised in your Formal Grievance are the basis of a claim in the Employment Tribunal, it is very important you are aware of the relevant time limits.
Essentially, you must start the Employment Tribunal process within three months (less one day) of the act complained of. You start the Employment Tribunal process by initiating ACAS Early Conciliation. For more information about this, please see here – https://lincslaw.co.uk/blog/acas-early-conciliation-what-is-it-all-about/
These time limits are very strict. It is therefore important you do not let any grievance process distract from any relevant time limits!
Lincs Law Employment Solicitors Can Help You
We always hope the information on our website is helpful. However, if you have submitted a Formal Grievance at work, we would be delighted to help you. If you would like a free consultation with one of the team at Lincs Law Employment Solicitors, simply use the contact form, engage in a web chat, email contactus@lincslaw.com or call us on 01522 440512 and we’ll be happy to help.
Kate Key
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: acas code on disciplinaries and grievances employment solicitor formal grievance grievance appeal grievance at work grievance procedure Kate Key lincs law employment solicitors specialist employment solicitor top tips