First, a statement of the obvious: When you are involved in a disagreement or dispute at work, it is unpleasant and stressful. If you are reading this, you are likely to know that submitting a written grievance is a method for bringing such situations to a head.
Done well, grievance processes can lead to meaningful dialogue and constructive outcomes. Done badly, they can make a very bad situation very much worse.
Employers of course can “do grievance processes badly” (and frequently do). But there are things that you as an employee can consider before submitting your grievance and during the formal grievance process which may increase the likelihood that the outcome might be positive for you.
Some of them are:
Before you even put pen to paper with your grievance letter, decide what you are seeking as an outcome. Clearly tell your employer
that in the grievance letter itself. If you’re looking for more than one outcome, use numbered paragraphs/bullet points if you need to. It’s harder for your employer to give you what you want if they are not sure what that is.
In all grievance situations (at least, where the employee hasn’t already decided they will be leaving anyway, whatever the outcome of the grievance), the employee is seeking to persuade the employer to change something. The key word here, frequently overlooked, is “persuade”. Where possible therefore, try to use language that is objective and measured, rather than emotive and confrontational. Granted, this can sometimes be easier said than done, particularly when perceived bullying or discrimination might be involved. But it’s worth considering whether emotive and confrontational language is really going to better persuade your employer as to the correctness of what you are saying, particularly if this is not a situation where you have already decided that you intend to “leave anyway”. If you intend to continue working with the same employer, working relationships will still exist after the grievance process has finished. That doesn’t mean that you don’t say what needs to be said. But it does mean that you should reflect on how you say it.
Who do you think ought to investigate your grievance, and why? If the person who would ordinarily do that according to the Grievance Procedure (e.g. your manager) might be conflicted in some way because of what you are complaining about, and you think it would be fairer for a different named person to investigate your grievance, say so in your grievance letter. And explain why. It might even be that you think someone external should investigate. Your employer may or may not agree to your suggestion; but you have absolutely nothing to lose by putting it forward.
Know the standards of “HR good practice” that your employer at least ought to be following. Reading “cover to cover” the applicable employer Grievance Procedure is a must - so many employers omit to follow their own grievance procedures just because they haven’t read them properly and, if they do, you
want to be able to point that out. The ACAS Code of Practice on Disciplinary and Grievance Procedures contains well-known principles that you will find helpful. A less well known document is the ACAS guide to conducting workplace investigations. Although it’s written to help employers do workplace investigations right, it’s also really helpful reading for employees submitting grievances to use in order to have an objective voice about how a grievance investigation should be done. That will allow you to raise concerns with your employer if it’s not being done right and, as its ACAS guidance, you can do so by reference to a reputable independent source. And both documents are free.
Do you suspect that your employer has made decisions about you in the past which will have been evidenced in emails or text messages to other managers or directors, and that it would be helpful to your arguments for you to see those communications? If so, at the same time as submitting your grievance, consider submitting a subject access request under UK GDPR requesting that your “personal data” in connection with those decisions be disclosed to you. Data protection law can be a complex area but, if your “personal data” within those communications does exist, your employer may well have an obligation under data protection law to discl
ose it to you within one month of your request. “Personal data” can, for example, include expressions of opinion about you and your conduct or performance at work.
It might be that the subject matter of your grievance means that you believe that you have a strong legal case to bring in an employment tribunal and, by the time you submit your grievance, you are already determined to do just that. If working relationships have deteriorated to that extent, it’s not inconceivable that your employer might also feel that it would be better if you were to leave, but be unwilling to say that to you due to its own perceived legal risks. Employment Tribunal litigation is time-consuming and stressful, and 95% of claims settle before an actual tribunal hearing. You might therefore decide that you yourself are willing to put forward financial settlement proposals on a “without prejudice” basis, or subject to “section 111A of the Employment Rights Act 1996” (also known as “protected conversations”). If you do that, make sure that your settlement proposals are set out in an entirely separate letter from your actual grievance letter, and keep any future correspondence about “possible settlement” with your employer entirely separate from the grievance correspondence.
Remember that all correspondence passing back-and-forth between you and your employer about the grievance itself (i.e. not correspondence which is “without prejudice” or part of a “protected conversation”) is likely to be seen by an employment tribunal in the event that you cannot settle your differences and do bring a claim.
How you write the formal grievance letter and how you conduct yourself during the grievance process will hugely influence the likelihood of bringing about the change you seek. We can support you through the process, enabling you to stand up for yourself.
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