Key Insight
Most workplace grievances can usually be resolved informally. Formal procedures should normally be reserved for situations where discussions have been unsuccessful or the issue is particularly serious.
- 99%Workplace concerns can often be resolved informally
- ACASProvides guidance where no grievance policy exists
- Last ResortConstructive dismissal should only be considered in serious cases
The Grievance Process
- Speak Informally – Raise the issue with your line manager and give them an opportunity to resolve it.
- Submit a Formal Grievance – Follow your employer's procedure or the ACAS Code if no policy exists.
- Attend a Grievance Meeting – Your concerns should be discussed and investigated appropriately.
- Appeal the Outcome – If you disagree with the decision, you should normally have the right to appeal.
What Happens During a Formal Grievance?
Your Responsibilities
- Explain the issue clearly
- Provide evidence where relevant
- Follow the procedure
- Engage constructively
Your Employer's Responsibilities
- Listen to the grievance
- Investigate fairly
- Follow a proper process
- Provide a written outcome
Your Rights During the Process
- Written ProcedureEmployers should make a written grievance procedure available to employees.
- Companion at MeetingsYou may be entitled to be accompanied by a colleague or union representative.
- Right to AppealIf you disagree with the outcome, you should normally be given an opportunity to appeal.
- Important to RememberEmployers are expected to listen, investigate and follow a fair procedure. They are not required to agree with every grievance, but they must consider concerns properly and reach a reasonable decision.
Constructive Dismissal Reality Check
- Serious Breach RequiredConstructive dismissal generally requires a serious breach of trust and confidence.
- Process MattersEmployees are usually expected to exhaust internal grievance procedures first.
- High ThresholdConstructive dismissal claims are difficult to win and should be viewed as a last resort.
Key Takeaways
- Try informal discussions before escalating concerns.
- Every employer should have a written grievance procedure.
- The ACAS Code provides guidance where no policy exists.
- You may be entitled to be accompanied at formal meetings.
- Employers must consider grievances fairly, but do not have to agree with them.
- Constructive dismissal is difficult to prove and should be treated as a last resort.
