You may have experienced one issue at work which has caused you concern, or you may be experiencing a string of issues. Irrelevant of what the issue is, it can be a daunting prospect when contemplating whether you should submit a Formal Grievance. This blog sets out how to submit a Formal Grievance and what to include.
What Is A Formal Grievance?
A Formal Grievance is an employee led concern. Ideally, it is set out in writing and it should clearly address what your concerns are. Once your Formal Grievance is submitted, your employer should investigate the concerns you have raised and try to resolve these with you.
There can be numerous different reasons why an individual wishes to submit a Formal Grievance. It could be they are suffering acts of bullying or harassment, a type of discrimination or pay related issues. For more information on workplace issues, click our link here; https://lincslaw.co.uk/services/employees/workplace-problems/
Does Your Employer Have A Formal Grievance Policy Or Procedure?
The first thing you should do is check for this. It is common for employers to have a Formal Grievance policy or procedure at work. You may find this located within the Company Handbook or you could ask Human Resources if there is one. If your employer has a policy/procedure, it should set out the steps you are to take when submitting your Formal Grievance.
However, whether they have their own procedure or not, at the very least, your employer should adhere to the ACAS Code on Disciplinaries and Grievances 2009 (“ACAS Code”). This code sets out the minimum standard expected of an employer, when dealing with Formal Grievances, which includes:
- You communicate your concerns (ideally, in writing).
- The employer schedules a meeting to discuss your concerns.
- An investigation takes place to investigate your concerns.
- An outcome is given and you are given the opportunity to appeal.
- It is recommended you appeal, if you disagree with the outcome.
What Should You Include In Your Formal Grievance?
It is always recommended that you submit your Formal Grievance in writing. The reason being is that you cannot dispute what is written down. Your Formal Grievance should look to include the following:
- You should ensure it is clearly stated that you are submitting a Formal Grievance and communicate to your employer that it should be dealt with in accordance with the Formal Grievance policy (or in accordance with the ACAS Code).
- You should set out the nature of your Formal Grievance at the beginning of your letter. For example, if you have experienced acts of bullying or harassment, you should state this before addressing it in further detail later on in your letter. It sets the tone and highlights to your employer what they should expect to read.
- You should set out the background to your Formal Grievance in detail. For example, if you have suffered acts of bullying or harassment set out the incidents in a chronological order. Ensure you set out who was involved, the date which it happened and who may have witnessed it take place. Additionally, if you have any evidence to support you, refer to it and attach to your Formal Grievance. Your evidence could be payslips, emails, or you may have even been keeping diary entries of incidents as and when they took place.
- You should set out what resolution you would like to achieve. For example, if you have suffered an unlawful deduction from your wages, are you simply seeking repayment or something else?
How Should Your Employer Respond?
Your employer should respond either in line with their Formal Grievance policy or in line with the ACAS Code. The ACAS Code would expect an employer to acknowledge the employee’s Formal Grievance shortly after submission together with setting out the next steps. The next step will usually be an invitation for you to attend a meeting to discuss your Formal Grievance and, if applicable, for an investigation to ensue.
Things To Bear In Mind – Time Limits
It may be your Formal Grievance addresses Employment Tribunal claims you have against your employer. Whilst it is appropriate to raise these concerns to your employer via a Formal Grievance, it may also be that you have valid Employment Tribunal claims available to you now. You must therefore ensure you remain vigilant about the time limits such claims may have – especially so if there is a delay to the outcome to your Formal Grievance.
For claims most Employment Tribunal claims, you have three months less one day to start the Employment Tribunal process. The Employment Tribunal is very strict on time limits.
You start the Employment Tribunal process by initiating ACAS Early Conciliation. ACAS Early Conciliation is a compulsory process that all potential claimants to the Employment Tribunal must go through. Essentially, you register your complaint with ACAS and they then act as conciliators to try and reach a settlement with your employer. If your claim can be settled, all to the good. If it cannot, ACAS will issue an Early Conciliation Certificate. You will have one month from the date of that Certificate to submit your claim to the Employment Tribunal quoting the certificate number on your Claim Form. Please note, in some circumstances, depending on the dates of the ACAS Early Conciliation, you may have more than a month to submit your claim. However, the rules surrounding additional time can be complex and it is much better to submit your Employment Tribunal claim within a month of your ACAS Early Conciliation Certificate to avoid any argument that your claim should be refused for being out of time.
How Can Lincs Law Solicitors Help You?
We have assisted many clients who are going through issues at work and wish to raise a Formal Grievance. Sometimes, you may simply be seeking an independent person to review the concerns you are experiencing and to provide you with a legal assessment. On other occasions, we assist in drafting your Formal Grievance for you and continue to assist you throughout the Formal Grievance process . If you would like to discuss your issue at work, please telephone us for a free, no obligation enquiry. 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.
Lucy Stones
Associate Employment Solicitor
Lincs Law
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