There is no legally binding process that you and your employer should follow when raising or handling a grievance at work. However, there are some principles that you and your employer should observe.
The Code of Practice on discipline and grievances at work
If you are considering raising a grievance at work you should follow your employer's grievance procedure. This should be in-line with the Acas (Advisory, Conciliation and Arbitration Service) Code of Practice on disciplinary and grievance procedures (the Code). The Code sets out the principles of what you and your employer should do to achieve a reasonable standard of behaviour in handling grievance cases. The Code came into effect on 6 April 2009.
Writing a letter to your employer
You should write a letter to your employer with the details of your grievance. Your letter should be dated and you should keep a copy.
If you have not done so already, you may find it helpful to tell your employer how you would like them to resolve the problem.
Meeting with your employer
Your employer should arrange an initial meeting at a reasonable time and place to discuss your grievance. You should make every effort to attend the meeting.
Gather your thoughts before the meeting. Don't be afraid to write down what you want to say. There is nothing wrong with reading this out at the meeting.
It is up to your employer what format the meeting takes but they will normally go through the issues that have been raised and give you the opportunity to comment. The main purpose of the meeting should be to try to establish the facts and find a way to resolve the problem. Your employer should consider pausing the meeting and rearranging to finish it at a later date, if it appears a further investigation is necessary.
You have a statutory right to take one 'companion' (who is a colleague or trade union representative) to the meeting with you. To exercise this right you must first make a request. If no colleague is willing to accompany you, and you are not a trade union member, ask if you can bring a family member or a Citizens Advice Bureau worker. Your employer does not have to agree to this unless your employment contract says otherwise.
The companion can:
- present and/or sum up your case
- talk on your behalf
- discuss with you during the hearing
However, the companion cannot answer questions on your behalf. They are protected from unfair dismissal or other mistreatment for supporting you.
After the meeting, your employer should write to you to tell you what they have decided.
Appeal your employer’s decision:
If you are not satisfied with the decision, or you think the procedure followed was seriously flawed, you may appeal.
You must make your appeal without an unreasonable delay. Your employer should give you enough time to appeal. If they don't, make your appeal anyway, and say that you will provide more information later. You should make an effort to follow your employer's procedures as the Employment Tribunal will consider this when they make their judgment.
You should write to your employer to say that you are appealing against their decision and explaining why you don’t agree with it. Your employer should arrange a further meeting to discuss. Where possible, a different and more senior manager should deal with this appeal.
The appeal hearing is similar to the original meeting, and you have a right to a companion, as before.
After the appeal meeting, your employer must tell you what they have decided. This is your employer's final decision.
Explore alternatives
If you are still not happy with your employer’s decision, you may want to consider alternative ways of resolving your grievance.
Further guidance on grievance procedures can be found in 'Discipline and grievances at work. The Acas guide'. The guidance has been prepared by Acas to help employers and employees understand the Code and how to reflect it in their procedures and behaviour.
If this isn't appropriate, you could consider making a claim to an Employment Tribunal. You should be aware that Employment Tribunals will take the Code into account when considering grievance cases.
Northern Ireland has its own separate dispute resolution procedures. You can find out more information on these from the Department of Employment and Learning (DELNI).
The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland.