When you are experiencing issues at work, it can be a daunting prospect of how to tackle those problems. The ACAS Code on Disciplinaries and Grievances 2009 recommend submission of a Formal Grievance when such situations arise but what is a Formal Grievance? Read on to learn more.
What Is A Formal Grievance?
A Formal Grievance is an employee led concern. It should be in writing and address what the issues are in your employment. Once your Formal Grievance is submitted, your employer should investigate your concerns and try to resolve these with you.
Formal Grievance Policy Or Procedure?
The first thing you should do is check to see whether your employer has internal procedure on how to address your Formal Grievance. 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.
Generally, you would expect an employer to address your Formal Grievance in accordance with the ACAS Code on Disciplinaries and Grievances 2009 (“ACAS Code”). This ACAS Code sets out the minimum standard expected of an employer, when dealing with Formal Grievances, which includes:
- You communicate your concerns.
- 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 To Include In Your Formal Grievance?
Your Formal Grievance should include the following:
- That this is a Formal Grievance – it seems silly but you need to make it abundantly clear what your letter is!
- Set out an introduction – it would be helpful to write at the beginning a brief synopsis of the concerns you have so that it is easier for the reader to understand the tone of your Formal Grievance.
- Chronological background – provide a timeline of the issue(s) you have experienced and provide as many dates/times you can.
How Should Your Employer Respond?
Your employer should respond either in line with their internal policy or in line with the ACAS Code but 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.
How Can Lincs Law Solicitors Help You?
We have helped 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 on your behalf and we can 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 you.
Lucy Stones
Associate Employment Solicitor
Lincs Law
Tags: acas code acas code on disciplinaries and grievance 209 formal grievance Lincs Law lucy stones Problems at Work