Raising a grievance can be daunting depending on your individual circumstances. With this in mind, we have answered a few common questions on the subject in this workplace grievance FAQ.
A grievance can come about for many different reasons, but often it results from some form of unfair treatment, or discrimination. We recently went into more detail about different forms of discrimination here.
What kinds of things do you need to consider when raising a grievance, and will such a case have to go to the Employment Tribunal? We attempt to answer such questions in this article.
Should I raise a grievance?
Grievances exist to create a dialogue (and hopefully) resolution between an employee and the employer, and are a valid tool to enable employees to do so if they require it.
Raising a grievance should come before any potential tribunal, as this allows your workplace to resolve any such disputes without need to escalate the matter further. Attempting to take a matter to tribunal before escalating it internally may result in a 25% penalty on the final compensation amount awarded.
Be aware that there are strict time limits in place when submitting a case to tribunal. A solicitor will be able to advise you on such matters, and many offer free initial claims assessments.
What role does ACAS play?
ACAS is an independent body which deals with work-related issues of all kinds. Their advice is free, and their expertise imparts good business practice and knowledge about employment law, both to employers and employees.
it is a requirement that an employee contacts ACAS before attempting to send anything to tribunal, as the situation may be possible to rectify without escalating it any further. It also gives both employer and employee the chance to come to an amicable resolution without outside intervention being necessary.
Do I need to gather evidence?
Evidence is of huge benefit to your case. It is also important to keep a timeline of events in a case where something has been ongoing, as it allows your employer or the Tribunal to get a good picture of how events have played out and with proof to back them up.
Why use a solicitor?
Employment law is very complex, and having a solicitor on your side may be the difference between success and failure, as they will know exactly what needs to be fulfilled and when in order to make sure you have a strong case against an employer.
As with the ACAS approach, it is always necessary to try and resolve your matter internally with management and/or HR before seeking to escalate it with a solicitor.
Further reading
Workplace discrimination, harassment and bullying – Oakwood Solicitors
Stress at work claims – Oakwood Solicitors
WHAT TO DO NEXT
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Fiona Almazedi has been with Oakwood Solicitors for the last 10 years working as a consultant and taking up the position of Head of Employment on the 3rd January 2024.
Fiona has over 20 years of ex…
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