This fact sheet gives you FACTS and TIPS regarding your rights when considering raising a grievance at work. The below information is correct as of January 1st 2025 and was kindly drafted for Pregnant Then Screwed by Law student volunteers from Chester Community Law Project (based within The University of Chester’s School of Law and Social Justice).
This fact sheet gives you FACTS about your rights when you are thinking of raising a grievance, and TIPS on things to think about when dealing with your employer.
When to raise a grievance:
FACT: A grievance procedure is a formal way to resolve an issue/complaint you have at work.
You can raise a grievance if:
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You have tried to resolve the issue informally, but this hasn’t worked.
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You don’t feel like you can raise it informally.
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It is a very serious issue such as whistle-blowing or sexual harassment.
TIPS:
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All employees have the right to raise a grievance at ANY point during their employment
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It is always best to try and raise your issue/complaint informally to give your employer chance to resolve it, they should respond even if it is done informally.
The grievance procedure:
FACT:
When making or responding to a grievance, all employees and employers should follow the rules in the ACAS Code of Practice on Disciplinary and Grievance Procedures: https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures
Your employer may also have their own written grievance procedure. Whatever that procedure says, your employer must abide by the rules in the ACAS Code of Practice as a bare minimum.
TIP:
The procedure followed will be taken into account should the complaint/issue be taken to an employment tribunal. If your employer doesn’t follow the ACAS Code, any compensation they need to pay you can be increased by up to 25%. If you don’t follow the steps in the ACAS Code, your compensation could be reduced by up to 25%, so make sure you follow the rules in the Code carefully.
FACT: It does not matter about the size of the business or organisation; a full and fair grievance procedure should always be followed.
Your employer should:
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Deal with grievances consistently and fairly.
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Do a thorough investigation into the issue to get as much information as possible.
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Allow you to bring a relevant person to your meetings for support i.e. another employee or a union representative.
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Give everyone involved the chance to express their views before making a decision.
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Make decisions and take action as soon as possible.
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Allow the opportunity to appeal against their decision.
TIP: You should raise the grievance as soon as you can so that memories are fresh.
The Grievance Process
How to raise a formal grievance:
FACT: You should check your workplace grievance policy to see how to raise a formal grievance. If there is no workplace policy you should approach your line manager or your HR department.
You should be able to find out:
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How to raise a formal grievance.
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Who to address your grievance to
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What the full procedure involves
TIP: You can find a grievance letter template here – https://www.acas.org.uk/grievance-letter-template. It is important your letter is specific and realistic. You can get help from Citizen’s Advice or from the Pregnant Then Screwed Helpline about writing your letter.
FACT: If there are two or more related grievances (for example, you and some colleagues have a grievance about the same issue), your employer should still follow their formal procedure and keep the information relating to each person confidential.
Your employer should also:
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Consider what resolution each employee wants
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Explain how they intend to deal with the grievances
TIP: Your employer may want to deal with the grievances in one single meeting. This can only be done if all of the employees agree. You have the right to your own meeting where the other employees involved are not present, so do not feel shy to insist on this.
FACT: After you have raised a grievance, your employer should arrange a meeting to investigate the grievance. This should be done within 5 working days where possible.
The employer should:
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allow you enough time to prepare for the meeting
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arrange for someone who isn’t involved in the grievance to take notes and act as a witness.
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Consider all information and evidence from all sides
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Arrange for an interpreter if necessary
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Make any reasonable adjustments, for example if you have a disability
You should:
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try to attend the meeting on the date set
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bring any relevant information or evidence to the meeting with you.
TIPS:
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If your employer does not set up a meeting within 5 days, write to them and remind them that the ACAS Code recommends a meeting being held within 5 working days.
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If your grievance is against, or involves, your manager, then the person who holds the grievance meeting with you should not be your manager and should ideally be someone more senior than your manager.
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You have the right to take a ‘companion’ to a grievance meeting. This can be another employee, a trade union rep, or someone employed by your trade union. This is known as ‘the right to be accompanied’.
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Your companion is allowed to speak in the meeting, as long as they have your consent. They can support, take notes, set out your case, respond to some comments or points made at the meeting if you have directed them to (they can also add a response to any answer given by you) and they can talk with you during the meeting.
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Your companion is not allowed to answer any questions put to you – so they cannot just answer the questions in your place.
During the meeting:
FACT: The grievance meeting is your opportunity to explain the evidence you have and discuss the grievance in more detail. It is also your employer’s chance to ask you questions so they know what steps to take.
The person holding the grievance meeting with you should:
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Remain impartial
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Take notes
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Go through the evidence
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Sum up all the main points at the end
You should have the opportunity to:
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Explain your side and express how you feel
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Ask questions
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Show evidence
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Provide any details of witnesses, if relevant.
TIP: At the end of the meeting your employer should provide you with a copy of the notes and advise you if any further meetings are needed and when you will know the outcome of the meeting.
You should be given the chance to check the notes and confirm they are an accurate reflection of what was discussed. If you don’t think they are an accurate reflection of discussions, you have the right to correct the minutes and send them back. If the person holding the meeting refuses to change the minutes, you have the right to refuse to sign them as accurate, and you should send an email to confirm that you do not believe the notes are accurate, setting out why.
Keeping written records:
FACT: Your employer should keep written records of anything that happens during the grievance procedure.
Written records should include:
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What your grievance is about.
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Any action taken or decisions made.
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Whether you appeal their decision.
TIP: Although you don’t have to, it is best for you to also keep a written record. It is important all written records are kept confidential by both you and your employer.
The investigation:
FACT: Your employer should investigate the matter whilst considering all available evidence and information so that they have followed a fair procedure.
The investigation helps your employer to:
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See if there is a case to answer
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Find out if they have all the relevant evidence
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Ensure they have treated everyone fairly
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Decide on the next steps they are going to take
TIP: If your employer makes a decision before completing an investigation, any decisions they make are likely to be considered unfair if you decide to take legal action.
Making a decision:
FACT: After following a full and fair grievance procedure your employer should decide what the best outcome is.
When making this decision they should consider:
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Their findings from their investigation and meetings
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What is fair and reasonable
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What has happened in any similar cases before
TIP: Your employer should tell you the outcome as soon as possible. If your grievance is upheld and it concerns another employee, then your employer may need to start a disciplinary procedure against them.
If your grievance isn’t upheld:
FACT: If your grievance isn’t upheld you have the right to appeal this decision
You can appeal the decision if you feel:
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The outcome has not resolved the original issue
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You feel any stage of the grievance or investigation procedure was unfair or wrong
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You have new evidence to show
Your employer should:
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Hear your appeal – where possible, the appeal should not be heard by the same person who held the original hearing and it should be someone more senior than whoever heard the original grievance
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Carry out another investigation if necessary
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See if a different outcome is necessary
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Provide the final outcome to you in writing, as soon as possible
TIP: If your employer does not allow you to appeal this goes against the ACAS Code and could be used against them if your case goes to an employment tribunal.
FACT: If you are still not happy with the outcome after you have appealed and your issue is still not resolved you can, in some cases, take the matter to an employment tribunal.
Please see our ‘Bringing a Claim’ fact sheets for more information.
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