Written grievance

[ch 7: page 288]

The first step in a claim alleging discrimination is normally to set out the claim in a written grievance and to give it to the employer. The Acas Code does not limit what should be included but it is a good idea to:

• set out the brief facts;

• if the grievance is about verbal remarks such as racist language, set out the words used as accurately as possible, so that there is a clear, consistent record, and explain briefly and clearly how the language made you feel; and

• explain what you would like done about it.

ETs can reduce compensation by up to 25% for unreasonable non-compliance with the Acas Code, which requires an employee to raise issues promptly and to “let the employer know the nature of the grievance”. In Topic v Hollyland Pitta Bakery [2012] UKEAT 0523/11/1903, an unreasonable failure to submit a grievance contributed to an order to pay the employer’s costs. This was because it was a missed opportunity to resolve the dispute without litigation.

For guidance on preparing grievances see the LRD booklet, Disciplinary and grievance procedures— a practical guide for union reps.