Written grievance

The first step in an individual claim is normally to set out the nature of the claim in a written grievance and to give it to the employer. Although the Acas Code does not limit what should be included in a grievance, it is a good idea for the members to:

• set out the brief facts;

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

• explain what the member would like done about it.

Tribunals can cut compensation by up to 25% for unreasonable non-compliance with the Acas Code, which requires the employee to raise issues promptly and to “let the employer know the nature of the grievance”. Non-compliance with the Code can also result in an order to pay the employer’s costs, on the basis that it represents a missed opportunity to resolve the issue without litigation (Topic v Hollyland Pitta Bakery [2012] UKEAT 0523/11/1903).

For more guidance on preparing grievances see the LRD booklet, Disciplinary and grievance procedures— a practical guide for union reps www.lrdpublications.org.uk/publications.php?pub=BK&iss=1630