Raising a formal grievance: The Three-Step Procedure
If you decide to raise a formal grievance, employers must use the three-step procedure set out below, sometimes called the statutory grievance procedure. The three-step procedure is a minimum requirement; some employers may have more extensive procedures.
1. Put your grievance in writing
The first step is to write a letter to the person your work's procedure specifies. The letter should clearly set out what the problem is. There is a useful template of a grievance letter on the DTI website, see 'Links to other websites'.
Once you've decided to raise a grievance, stick with it...
When people raise grievances, they often start to doubt they are doing the right thing. If you are unlucky, your employer might say things like; "Are you really going to make a fuss about this?"
Prepare to be blocked and discouraged at each stage of the process. If you give up, your situation won't get any better and it could weaken any grievances you raise in future.
Tips
- If you tried to resolve the problem informally first, mention that in the letter and explain what the outcome was.
- Try to include as much detail as possible about the grievance. The more details your employer has about the problem, the more efficiently they will be able to deal with it.
- You may be wary about accusing people of discrimination in your letter, but it is very important that you do, and that you spell out the type of discrimination you have suffered (for example, racial harassment, or different treatment on the grounds of race). Failure to do so may scupper any later claim you make to the tribunal. If you believe you have been the victim of more than one type of discrimination, you must mention both types in your grievance.
- Try to maintain a professional tone in your letter. It's ok to say how certain behaviour made you feel but don't attack other staff, or use offensive language, as it will undermine what you're saying.
- If you can, say how you would like your work to resolve the problem.
- If you have more than one complaint, set them out in sub-headings, giving examples. Start with the most serious.
- Keep a copy of the letter.
If you don't feel confident about putting your grievance in writing, you can get help from your union or local advice agency.
2. Meeting
Your work should respond within 28 days, inviting you to attend a meeting to discuss the grievance. If they don't respond, you can go directly to a tribunal. The meeting should be held fairly soon, at a reasonably convenient time and place for you. You should make every effort to attend.
Your work must allow you to bring a colleague or a trade union representative with you to the meeting. It's a good idea to do this as it will help give you confidence and a witness to what is said.
"On the morning of the meeting I was so nervous I just couldn't face it, so I took the day off sick...."
Marc, London
People often stall because it is stressful, but postponing things can be even worse. You must make every effort to attend meetings. If you appear uncooperative, and the case ends up at tribunal, your employer could argue that you delayed and any award you get could be Reduced.
Tips
- Try not to panic or feel intimidated – you have a right to have your grievance heard.
- Before you go to the meeting, think about what you want to say and how they might respond. *Make a list of the issues you want to cover.
- During the meeting, if you, or your employer, say something that you think is important, ask the note taker to record that point.
- Request copies of any notes your employer takes at the meeting, preferably typed. Read them through. If you think anything is incorrect, tell your employer in writing as soon as possible (you could use email), and keep a copy.
- If you bring someone with you, ask them to take notes, or make your own notes immediately after the meeting. Within a reasonable time after the meeting (usually around 14 days), your employer should let you know what they have decided to do about your grievance. You are responsible for making sure that you are within time limits if you later decide to go to a tribunal, so you need to follow things up.
3. Appeal
If you are not satisfied with the way your work has dealt with your grievance you can appeal against their decision. If you decide to do this, you should notify your work in writing as soon as possible. Your work may set a deadline of when you need to notify them by - try to keep within their timetable, but don't be put off if you miss it.
Don't just repeat what you put in your original letter, you need to respond to the decision they have made. Highlight what you think the decision-maker overlooked or didn't understand about your complaint. The DTI website has an example letter. Make sure you keep a copy of your letter.
Your work should then arrange another meeting to discuss your appeal, with someone more senior if possible. The same rules apply as for the first meeting.
After the appeal meeting, your work should tell you their decision. Your work may or may not give you further rights of appeal after this. It's advisable to take your grievance as far as you can with your employer - but keep an eye on your employment tribunal deadline!
