What are workplace complaints and grievances?

You have the right to work in a place free from unfair treatment, harassment, and discrimination. A grievance is a formal way to address workplace concerns when informal discussions have not resolved the issue.

Your rights as an employee

As an employee in the UK, you’re protected by employment laws that ensure fair treatment at work. These rights include:

1.   Protection from unfair dismissal (after two years’ service)
2.   The right to a safe workplace
3.   Protection from discrimination and harassment
4.   The right to raise concerns without fear of backlash
5.   The right to be accompanied in grievance meetings

What counts as a workplace grievance?

A grievance is any concern about your working conditions, treatment by colleagues, or employer policies, including:

1.   Bullying or harassment
2.   Discrimination
3.   Unfair treatment in promotions or pay
4.   Health and safety concerns
5.   Breach of your employment contract

Common reasons for raising a grievance

People often raise grievances because of:

1.   Unfair workload distribution
2.   Hostile work environment
3.   Unjustified disciplinary action
4.   Issues with working hours and breaks
5.   Non-payment of wages or holiday pay
6.   Bullying behaviours
7.   Being passed over for promotion without fair reason

Informal vs formal grievances

Informal Grievance: Raising a concern with your manager or HR in a conversation without a written complaint is often the first step in resolving workplace issues.

Formal Grievance: A written complaint that triggers your employer’s formal grievance procedure, creating an official record and requiring a structured response.

When should you raise a grievance?

Consider raising a grievance when:

1.   Informal discussions haven’t resolved the issue
2.   The problem is severe (such as discrimination)
3.   You’ve tried speaking to your manager, but nothing has changed
4.   You need an official record of your complaint

Before raising a grievance, record incidents, save relevant emails, and check your company’s grievance policy.

How to raise a workplace grievance

Write your grievance letter:

1.   Clearly explain your complaint with specific examples
2.   Explain how the situation has affected you
3.   State what outcome you’re hoping for
4.   Keep your letter professional and factual

Submit your grievance to HR or your manager as specified in your company handbook, and keep a copy for your records.

Prepare for the meeting by gathering evidence and considering asking a colleague or union representative to accompany you.

Your employer’s duties when handling grievances

When you raise a grievance, your employer must:

1.   Acknowledge your grievance promptly
2.   Arrange a grievance meeting
3.   Conduct a fair investigation
4.   Provide a written response
5.   Offer you the right to appeal
6.   Prevent any backlash against you
7.   Maintain confidentiality where possible

Steps in the formal grievance process

Submit a formal grievance letter clearly explaining your concerns.

If you wish, you can attend a grievance meeting to explain your grievance in person with a colleague or union representative.

Wait for the investigation of the issues you’ve raised.

Receive the outcome in writing, explaining whether your grievance has been upheld and any actions that will be taken.

Appeal if necessary if you disagree with the outcome.

ACAS Code of Practice explained

The ACAS Code sets out minimum standards employers should follow when handling grievances. Employment Tribunals consider this code when considering cases and can increase compensation by up to 25% if employers fail to follow it.

What happens after you submit a grievance?

After submitting your grievance, expect:

1.   An acknowledgement within a few days
2.   An invitation to a meeting to discuss your concerns
3.   An investigation into the issues you’ve raised
4.   A written decision explaining the outcome and any actions to be taken

How your employer should investigate

A proper investigation should include:

1.   Gathering relevant documents and evidence
2.   Interviewing witnesses and those involved
3.   Reviewing company policies
4.   Keeping records of the investigation process

The investigation should be thorough, fair, impartial and timely.

Using mediation to solve workplace disputes

Mediation involves an independent person helping both sides find a solution that works for everyone. It’s useful for relationship breakdowns or communication problems when both parties want to resolve the issue and continue working together.

Possible outcomes of your grievance

Possible outcomes include:

1.   Your complaint is upheld, with appropriate action taken
2.   Your complaint is partially upheld
3.   Your complaint is not upheld
4.   Alternative resolution, such as mediation, is suggested

You should receive a clear explanation of the decision and any planned actions.

How to appeal a grievance decision

If you’re unhappy with the outcome:

1.   Appeal within the timeframe specified (usually 5-10 working days)
2.   Explain why you’re appealing (e.g., incomplete investigation, necessary evidence ignored)
3.   Attend an appeal meeting, ideally with someone more senior who wasn’t involved previously
4.   Receive a final written decision

Protection from unfair treatment after raising a grievance

It’s unlawful for your employer to mistreat you because you’ve raised a grievance. This protection covers:

1.   Being given worse shifts or duties
2.   Being excluded from opportunities
3.   Being denied training or promotion
4.   Facing unfair criticism or a hostile environment

If you face backlash, keep records of incidents and consider raising another grievance.

What to do if your grievance is ignored

If your employer fails to address your grievance:

1.   Chase for a response, referring to company timeframes
2.   Escalate to HR or a more senior manager
3.   Seek advice from ACAS or a union representative
4.   Consider your legal options, including a potential Tribunal claim

Taking your complaint to an Employment Tribunal

Consider a Tribunal claim when:

1.   Your grievance relates to a legal right
2.   You’ve exhausted internal procedures
3.   You’re within the time limit for making a claim

The process involves ACAS Early Conciliation, completing claim forms, and attending hearings where both sides present their case.

Time limits for Tribunal claims.

Most claims must be started within three months, less than one day from the event you complain about. You must contact ACAS for Early Conciliation before submitting a claim, which can extend this time limit.

Missing the time limit usually means losing your right to claim, so act quickly, even if you’re still going through your employer’s grievance process.

Getting legal support for your case

A solicitor can:

1.   Advise on the strength of your case
2.   Help draft effective grievance letters
3.   Guide you through procedures
4.   Advise on evidence and settlement offers
5.   Represent you if necessary

Look for solicitors with specific employment law experience who represent employees rather than employers.

How Davenport Solicitors can help you

Davenport Solicitors offers:

1.   Clear, practical advice tailored to your situation
2.   Support throughout the grievance process
3.   Help with drafting grievance letters and appeals
4.   Representation in meetings and hearings
5.   Guidance on settlements
6.   Full representation at Employment Tribunals

Contact us today for confidential advice about your workplace grievance.

Frequently Asked Questions

1. Should I file a grievance before going to an employment tribunal?
   While not always legally required, raising a grievance first is usually better. Tribunals look more favourably on claims where you’ve tried to resolve issues internally first, and failing to do so could reduce any compensation by up to 25%. 
2. Can my employer dismiss me for raising a grievance?
   No, dismissing someone for raising a genuine grievance is unlawful. If your grievance is related to discrimination, this would likely be considered unfair dismissal and possibly victimisation. 
3. What if my grievance is against my line manager?
   Submit your grievance to HR or your manager’s manager. Your company’s grievance policy should explain the process for this situation. 
4. How long should a grievance procedure take?
   There’s no legal timeframe, but the process should be completed without unreasonable delay. Though complex cases may take longer, most grievances should be resolved within 2-4 weeks. 
5. Can I raise a grievance after I’ve left my job?
   Yes, you can. Some company policies allow this, and it can be helpful evidence if you’re considering a Tribunal claim. However, your former employer isn’t legally obliged to follow their grievance procedure for ex-employees. 
6. Will raising a grievance affect my reference?
   It shouldn’t. It would be unlawful victimisation for an employer to give you a poor reference because you raised a legitimate grievance. 
7. Can I record my grievance meeting secretly?
   While not illegal, secret recording is generally frowned upon. It’s better to ask permission or request that the employer provide minutes or allow you to bring someone to take notes. 
8. Can I be made redundant while I have an ongoing grievance?
   Yes, but only if the redundancy is genuine and unrelated to your grievance. If the redundancy seems linked to your grievance, it could be unfair dismissal or victimisation. 
9. Do I need a solicitor to raise a grievance?
   No, you can raise a grievance without legal help. However, seeking advice can improve your chances of a successful outcome, especially for complex cases or where you’re considering legal action later.