Here at Lincs Law Employment Solicitors, we assist clients with a variety of workplace issues. This can include pay issues, bullying, discrimination, or concerns about working practices, for example. We will often advise our clients to raise a Formal Grievance in relation to their workplace problems. However, is raising a Formal Grievance really worth it? Please read on to find out more.
What Is a Formal Grievance?
If you are experiencing an issue in your workplace and you have tried (unsuccessfully) to resolve the matter informally, then you may consider raising a Formal Grievance. This is an employee-led concern.
There are many reasons why you may feel it necessary to raise a Formal Grievance at work. As noted above, this might include (but is not limited to) bullying or harassment you are experiencing from a colleague, pay issues, health and safety concerns or issues with new working practices. For more information on workplace issues, click our link here; https://lincslaw.co.uk/services/employees/workplace-problems/
For guidance on how to raise a Formal Grievance at work, please see our blog here – https://lincslaw.co.uk/blog/how-to-raise-a-formal-grievance/.
Why Should I Raise a Formal Grievance?
When I advise clients about their workplace issues, I will often be asked “…. but is raising a Formal Grievance really worth it?” Employees are often concerned raising a Formal Grievance will not resolve their concerns or could even make matters worse. However, there are several benefits to raising a Formal Grievance. Please see below.
1. Your Workplace Issue Could Be Resolved
If you decide to raise a Formal Grievance, your employer should follow their own grievance procedure (if they have one). In any event, they should follow the ACAS Code on Disciplinary and Grievance Procedures. Essentially, your employer should:
- Meet with you to discuss your Grievance;
- Allow you to be accompanied at the meeting/hearing (for more information about this, please see here – https://lincslaw.co.uk/blog/who-can-i-take-with-me-to-my-grievance-hearing/)
- Investigate your Grievance (if necessary);
- Decide on what action, if any, should be taken in relation to your Grievance;
- Confirm the outcome to you in writing and provide you with the opportunity for you to appeal the outcome, if necessary.
Once your employer has considered your Formal Grievance, there could be several different outcomes, including action being taken by your employer. This could include changing policies and working practices, facilitating mediation between relevant parties or making a payment to you (if the subject of your Formal Grievance is in relation to owed wages, for example).
One benefit of raising a Formal Grievance is therefore that matters could be resolved. A Formal Grievance could be all it takes to resolve your workplace issues. It could also lead to company-wide change which may benefit not just you but other employees.
Please note, your workplace problem may give rise to a claim in the Employment Tribunal. For this reason, notwithstanding any internal grievance procedure, it is always advisable to seek legal advice from a specialist employment solicitor. Here at Lincs Law Employment Solicitors, we would be delighted to help. For a free consultation, 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.
2. Raising a Formal Grievance May Provide Evidence to Support an Employment Tribunal Claim
A Formal Grievance and any subsequent investigation may provide evidence to support a claim in the Employment Tribunal. For example, if you raise a Formal Grievance about discriminatory behaviour by a colleague, your employer should investigate this matter and interview relevant witnesses. This documentation may then provide crucial evidence to support a discrimination claim in the Employment Tribunal, for example.
For more information about discrimination claims under the Equality Act 2010, please see here – https://lincslaw.co.uk/services/employees/workplace-problems/discrimination-bullying-and-harassment/
3. Not Raising a Formal Grievance May Affect Compensation Awarded By An Employment Tribunal
If your workplace problem also gives rise to a claim in the Employment Tribunal, it is important to note that an Employment Tribunal Judge will expect you to have raised matters and tried to resolve them, which would include raising a Formal Grievance. In some circumstances, they can reduce your compensation if you have failed to do so.
Here at Lincs Law Employment Solicitors, we are specialist employment solicitors and would be delighted to help. For a free consultation, 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.
4. Raising a Formal Grievance May Provide You With Further Legal Protection
Depending on the nature of your workplace issues, your Formal Grievance may provide you with further legal protection should matters then worsen within your employment.
For example, if you have raised concerns about discrimination in your Formal Grievance, this may constitute a “Protected Act” under the Equality Act 2010. In these circumstances, if, after raising your Formal Grievance, matters worsen within your employment, you could have a Victimisation claim in the Employment Tribunal.
Some examples of Victimisation which could give rise to a claim in the Employment Tribunal are:
- You submit a Formal Grievance about your employer failing to make reasonable adjustments in relation to your disability but soon after you are subjected to unsubstantiated disciplinary proceedings.
- You submit a Formal Grievance about being treated less favourably by a colleague because of your sex. Your employer goes through a grievance procedure and you are then unfairly selected for a redundancy process.
- You submit a Formal Grievance or complaint about your manager sexually harassing you at the work Christmas Party. They therefore decide to reject you for a promotion.
For more information about a claim of Victimisation in the Employment Tribunal, please see here – https://lincslaw.co.uk/blog/do-i-have-a-victimisation-claim-in-the-employment-tribunal/
Importantly, the Employment Rights Act 1996 also provides protections for employees who have raised concerns about matters such as health and safety, Protected Disclosures (also referred to as whistleblowing/blowing the whistle), working time issues, for example.
Important Note: Employment Tribunal Time Limits
If you raise a Formal Grievance, please make sure you keep an eye on your calendar! You need to keep in mind there are strict time limits for claims in the Employment Tribunal which run from the act complained of, even if you have submitted a Formal Grievance.
It is therefore important not to let any lengthy grievance procedure distract from any Employment Tribunal time limit! For more information about time limits in the Employment Tribunal, please see here – https://lincslaw.co.uk/blog/is-your-employment-tribunal-claim-in-time/
Lincs Law Employment Solicitors Can Help You
Here at Lincs Law Employment Solicitors, we understand raising a Formal Grievance at work can feel daunting. Please do not worry, we are here to help. For a free consultation with me or one of our team, 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 Employment Tribunal Compensation formal grievance formal grievance at work Kate Key lincs law employment solicitors raising a formal grievance