Raising a Grievance Procedure

"The ability for employees to raise a grievance is hoped to help employees and employers resolve issues and disputes before recourse to the Employment Tribunal".

All employers should have a grievance procedure and make it known to employees.

ACAS (the Advisory, Conciliation and Arbitration Service) provides a code of practice which sets out a minimum standard which employers should try to achieve, when addressing grievances or following a grievance procedure. This code of practice was introduced in 2009 at the same time the Employment Act 2008 was amended to allow Employment Tribunals to increase or decrease tribunal compensation by up to 25%, if either the employer or the employee unreasonably failed to comply with the ACAS code.

Formal grievances should be raised in writing and can be about any concern, problem or complaint that an employee seeks to raise with their employer. Failure to raise a grievance in writing does not prevent an employee bringing an Employment Tribunal claim about the matter but it may affect the compensation awarded.

A grievance is often seen as a pivotal document as it is often the first time the employee’s issue is documented formally.

These documents often form the back bone of any tribunal claim and are therefore key documents to get right and often legal assistance in their preparation is a wise move.

Of course many grievances are designed with a conciliatory tone, seeking to resolve issues before Employment Tribunal proceedings have to be commenced. It can also be very helpful to have assistance with such documents to ensure that facts are presented with the right approach and tone to endeavour to reach an outcome without the necessity of litigation.

Should you wish to seek employment law advice or have assistance with the preparation of a formal grievance, please email contact@duttongregory.co.uk or contact one of our specialist employment lawyers.