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Is it a genuine grievance?

"Everyone hates taking out the rubbish - it's always been the job of the newest recruit. Now our manager has decided to use a rota so everyone has to do it. But I've been there longest; I shouldn't have to do that kind of thing. It's discrimination."
Anji, Beckenham
Answer: No. Anji may not like the changes, but this is not discrimination. It is a management decision which applies to everyone equally.

"As a practicing Muslim, I asked my work to let me take my breaks to coincide with daily prayers. They say no one else gets to choose their breaks so why should they give me special treatment?"
Asar, Leeds
Answer: Yes, possibly. Although Asar is being treated like everyone else, his work has a duty to allow for religious needs, unless there are real practical difficulties in doing so.

"A Turkish man came to me for advice. He was offered a 12-month contract after claiming in an interview that his written English was fluent. His boss quickly realised that his written skills weren’t up to scratch, and at his 6-month review they told him he wasn’t going to be kept on. He took it very badly and started attacking his boss, calling him racist and demanding his dismissal. But it wasn't racist. He wasn't being kept on because he simply couldn't do the job."
Andy, Adviser, Colchester

Don't raise a grievance for the wrong reasons

Don’t use the grievance procedure to get back at someone because you are angry. If you feel that you have been unfairly criticised, there are much better ways of defending your position.

You should only raise a grievance in 'good faith'; this means you believe that you have a genuine complaint and you are not doing it for some other reason.

If you have been unhappy about the way your work has been treating you, don’t store it up for a long time as ammunition. Anyone looking at your grievance will wonder why you never complained about it before, and that could weaken your case.

However, if you think the real reason you are being criticised or disciplined is discriminatory, and not because of the quality of your work or behaviour, you should raise a grievance.


"I was fed up with the name-calling and jokes about being a lesbian. I told my boss I would make a complaint if he didn’t stop. He got his own back on me by giving me a formal warning about 'poor performance'."
Esme, Newcastle

If you have not yet had your disciplinary appeal meeting, you should put your grievance in writing as soon as possible. You won’t have to go through the rest of the grievance procedure if you want to go to a tribunal. Make sure you also appeal against the discipline using your work’s disciplinary procedure.

If you have already had your disciplinary appeal meeting you need to go through the full grievance procedure before you can go to a tribunal. See 'Time limits'.

October 2007

Get advice

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Use the Community Legal Advice website to find an adviser or solicitor in your area.
Go to www.communitylegaladvice.org.uk or find other sources of help.

Think you may have you been discriminated against?

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Have you been treated unfairly? Do other people seem to get a better deal than you?
See our Is that discrimination? section, and write to our discrimination expert Richard Leong. He's ready and waiting to answer your questions.

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