Written grievance
[ch 7: page 272]The first step is normally to set out the claim in a written grievance and to give it to the employer. Although the Acas Code does not limit what should be included, 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 language 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.
Tribunals can cut 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, a claimant’s unreasonable failure to submit a grievance contributed to an order to pay the employer’s costs, on the basis that 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 (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1929).