How to write a Grievance that gets you what you want, How to write a Grievance about unauthorised deductions from your salary , How to write a Grievance about the behaviour of a colleague, manager or supervisor, How to write a Grievance about changes to your employment contract, How to write a Grievance about bullying and harassment at work, How to write a Grievance about discrimination at work
Grievances are concerns, problems or complaints that employees raise with their employers during employment. To write a grievance you must be an employee. Your grievance can be about any problem that you have including terms and conditions of employment, health and safety, work relations, new working practices, organisational changes, and equal opportunities.
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 1 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 1 1 and set out what you need to do as well as your employer’s obligations when you invoke the grievance procedure.
The ACAS Code 1 sets out basic principles for a fair grievance procedure and how rules of natural justice should be applied. The foreword to the ACAS Code 1 suggests that employers might want to establish separate procedures for dealing with issues involving bullying, harassment or whistleblowing.
Although the ACAS Code 1 does not have the force of law in its own right, breaches of the ACAS Code 1 (by you or your employer) can be used in evidence in any subsequent legal proceedings. – Section 207A and Schedule A2 Trade Union and Labour Relations(Consolidation)Act 1992.
A grievance hearing is the appropriate forum for your grievance to be aired before your employer. You have a right to be accompanied to the grievance hearing and any subsequent appeal.[s13(5) Employment Relations Act 1999 ]
You can raise a grievance during the disciplinary process. The ACAS Code 1 recommends that your employer should temporarily suspend the disciplinary process in order to deal with your grievance, deal with the disciplinary issue and grievance together or take alternative action.
If your grievance is about discrimination, management bias or conflict of interest, then your employer must suspend the disciplinary procedure and fully investigate your grievance.
Do not forget Employment Tribunal time limits. It is 3 months less one day for unfair dismissal, and 3 months less one day from the date of each allegation of discrimination. Even if internal proceedings have not concluded, you protect your prospective claim. [see Unfair dismissal time limits in the Employment Tribunal, Time Limits in the Employment Tribunal, Discrimination Compensation and Time Limits in the Employment Tribunal, Employment Tribunal Time Limits Calculator]
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