Grievances (6)

 

“Guides to help you frame and write your workplace grievances to your employer”

The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”.  You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing.  Under s1 Employment Rights Act 1996 (ERA 1996), your written statement of particulars must tell you the person to whom you should address a grievance, and either tell you what the procedure for a grievance is or refer you to a separate document containing the procedures (s3 ERA 1996). The separate document is usually your employers grievance policy and procedure.

The ACAS Code also emphasises that the grievance procedure should be in writing, and developed with the involvement of employees and their representatives. If your employer does not do so, this could be a breach of the Code. Any grievance policy should incorporate the ACAS Code and set out what you need to do as well as your employer’s obligations when you invoke the grievance procedure.  Find guides here that will help you frame your grievance. If your grievance does not resolve the problem, you will at least prepare the framework for settlement negotiations or your Employment Tribunal claim.

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  • How to write a grievance about bullying and harassment at work by: Employee Rescue £25.00

    This guide provides in depth direction on writing a grievance about bullying and harassment at work. It shows you how to escalate breaches of policy and employment law, strategies and issues of limitation that you need to be aware of.

    What is a grievance?

    The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”.  You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing.   Always try to resolve problems informally before raising a grievance.

     

    Bullying and harassment

    ACAS defines bullying as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means intended to undermine, humiliate, denigrate or injure the recipient. Bullying or harassment may be by an individual against an individual (perhaps by someone in a position of authority such as a manager or supervisor) or involve groups of people. It may be obvious or it may be insidious. Whatever form it takes, it is unwarranted and unwelcome to the individual.”

    There is not a single piece of legislation that deals directly with bullying and harassment at work, but there are many laws that can provide you with a remedy for bullying and harassment. Unfortunately, most of the legal framework does not prevent bullying, but rather provides you with compensation after you have been bullied.

    Under section 26 of the Equality Act 2010, harassment is defined as unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile, degrading, humiliating or offensive environment. To be protected under the Equality Act 2010, the harassment must be related to a protected characteristic. Harassment includes bullying if it relates to one of the protected characteristics listed above. Even if the harassment does not relate to a protected characteristic, you are protected by the Protection from harassment Act 1997.

    This guide provides you with critical information on your legal rights, with templates and tactics to help you raise a grievance about bullying and harassment, as well as the stress that it causes.


  • How to write a grievance about changes to your employment contract by: Employee Rescue £17.99

    This guide provides in depth direction on writing a grievance about for unauthorised changes to your employment contract. It shows you how to escalate breaches of policy and employment law, strategies and issues of limitation that you need to be aware of.

    What is a grievance?

    The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”.  You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing.   Always try to resolve problems informally before raising a grievance.

    Unauthorised changes to your  employment contract

    This grievance is about the situation where your employer proposes to make changes to your contract, or imposes changes without your permission, or without notifying you. In such a situation, your employer can make changes to particular terms in the contract, or remove the old contract entirely, and replace it with a new one. If your employer has also taken money from your wages without permission, See: How to write a grievance about unauthorised deductions from your wages.
    There are three ways in which employers usually carry out these changes as follows;

    • Propose a change and leave it for you to object. If you don’t object, then you are deemed to have accepted the change through acquiescence. This is sometimes sneaked in by re-issuing a section of an employment contract, updating the employment contract or re- issuing a section 1 statement of employment particulars.
    • Serve notice of the termination of the existing contract and then immediately re-engage you on the new terms.
    • Dismiss all relevant employees and then invite you to reapply for your jobs.

    In order for you to effectively resist these changes, you need to have a basic understanding of employment contracts, what the law allows your employer to do your rights and the options available to you. No matter how you choose to resolve the matter, in this sort of employment relationship problem you should always start by raising a formal grievance. This guide includes explanations of current relevant case law and legal terms. It provides you with the tools to raise an effective grievance about unauthorised changes to your employment contract.

     

     


  • How to write a grievance about discrimination at work by: Employee Rescue £25.00

    This guide provides in depth direction on writing a grievance about discrimination at work. It shows you how to escalate your employer’s breaches of policy and employment law, strategies and issues of limitation that you need to be aware of.

    What is a grievance?

    The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”.  You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing.   Always try to resolve problems informally before raising a grievance.

    Discrimination at work

    Discrimination is when your employer treats you less favourably than others at work, on grounds that are not related to your competency or ability to do your job, because you belong to a particular group or category. The particular group or category is known as a “protected characteristic”.
    Part V of the Equality Act 2010 (EQA 2010) provides job applicants, trainees, employees, and selfemployed workers with protection from discrimination at work. This Act makes it unlawful for your employer to discriminate against you because of your protected characteristic in job advertisements, recruitment and selection, during and after employment, in occupational pension schemes, employment training and equal pay.
    Section 39 EQA 2010 says that an employer must not discriminate against, victimise or harass a job applicant or worker. As a worker, your employer must not discriminate against or victimise you;

    • In the terms and conditions of your employment.
    • In the way they make access to opportunities for promotion, transfer or training or for receiving any other benefit, facility or service.
    • By dismissing you.
    • By subjecting you to any other detriment.

    You must raise a grievance about the discrimination before doing anything else. This guide includes explanations of the different types of discrimination and how you can apply the law to your particular circumstances.  We recommend that you also take advantage of the ACAS Questions Procedure to get evidence about the discrimination you are facing at work. If your employer treats you badly for raising the grievance, you will also have a victimisation claim.


  • How to write a grievance about the behaviour of a colleague, manager or supervisor by: Employee Rescue £9.99

    This Guide provides in depth direction on writing a grievance about the behaviour of a colleague, manager or supervisor. It shows you how to escalate breaches of policy and employment law, strategies and issues of limitation that you need to be aware of.

    What is a grievance?

    The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”.  You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing.   Always try to resolve problems informally before raising a grievance.

    Complain about the behaviour of a colleague, manager or supervisor

    This guide shows you how to write a grievance about behaviour that you are unhappy with, which is not as serious as bullying and harassment but is causing you to have problems at work.  It helps you lay the foundations for discussions about the behaviour, whilst at the same time formalising your complaint in order to protect you position if matters do not improve. Perhaps your manager or supervisor is making you work in a way that is causing you problems within your team or you have problems with a colleague’s attitude, or capability for the job. Where the grievance is against your line manager, you should approach another manager or raise the issue with your HR department if there is one.

     

     


  • How to write a grievance about unauthorised deductions from your wages or salary by: Employee Rescue £17.99

    This guide provides in depth direction on writing a grievance about unauthorised deductions from your wages or salary. It shows you how to escalate breaches of policy and employment law, strategies and issues of limitation that you need to be aware of.

    What is a grievance?

    The ACAS Code defines grievances as “concerns, problems or complaints that employees raise with their employers”.  You can raise a grievance about things like your terms and conditions of employment, health and safety, workplace relationships, new working practices, organisational changes, equality, discrimination, bullying and harassment, and whistleblowing.   Always try to resolve problems informally before raising a grievance.

    Unauthorised Deductions

    It is an implied term of your employment contract that your employer will pay your wages. In return, you must be ready and willing to perform all of your obligations under the employment contract. Generally, it does not matter whether there is any work for you to do. You are still entitled to pay if you are unable to work through no fault of your own.  You and your employer are free to make any legal arrangements on pay, but your wages must not be less that the National Minimum Wage if you are under 25 or the National Living Wage if you are over 25. You are not entitled to pay for any period of time when you can work, but refuse to work.
    Part 2 of the Employment Rights Act 1996 (ERA 1996) gives you protection against unlawful deductions from wages. This protection extends to those working under a contract of employment, apprentices and individuals who are undertaken to personally perform work or services. If you think you have been underpaid, or that your employer has made an unlawful deduction from your wages, use this guide to understand your rights before taking any action.

    This guide includes explanations of current relevant case law and legal terms. It shows you how to frame a grievance specifically about unauthorised deductions from your wages or salary, explain the net amount you believe that you are owed and on what basis you are making the claim.

     


  • How to write a grievance that gets you what you want by: Employee Rescue £25.00

    Write a grievance that gets you what you want

    The guide provides in depth direction on writing your grievance including explanations of the law. It shows you how to draft a compelling grievance and includes templates and precedents for different types of grievance.

    The ACAS Code of Practice on Discipline and Grievance Procedures sets out the recommended procedure when dealing with grievances. It is accompanied by the guide to Discipline and Grievances at work, which provides directions for you and your employer on addressing a grievance at work. The ACAS Code says that a grievance is a concern, problem or complaint that you can raise with your employer. It provides a list of issues that may cause grievances including;

    • terms and conditions of employment
    • health and safety
    • work place relationships
    • bullying and harassment
    • new working practices
    • working environment
    • organisational change
    • discrimination

    You may also have a problem with a client or a customer. The ACAS Guide says that these should be treated in the same way as grievances within the organisation. This list is not exhaustive, and the definition is so wide that it covers almost all issues that you could have with your employer. The Code applies equally to management and employees.   You should always try to resolve problems informally before raising a grievance.