LRD guides and handbook September 2012

Disciplinary and grievance procedures - a practical guide for union reps

Chapter 11

Raising a grievance

If a grievance is not settled informally, then it should normally be raised formally with the employee’s manager, unless the grievance is against that manager, in which case it can be raised with the personnel or human resources department or a more senior manager. The Acas Code expects grievances to be raised promptly.

An employer must deal with a grievance (W A Goold (Pearmak Ltd) v McConnell [1995], IRLR 516). The employee should put the grievance in writing to avoid it not being dealt with, particularly if there may later be an employment tribunal claim. Employees whose first language is not English or who have difficulty expressing themselves should be encouraged to seek help from a work colleague or trade union representative to put their grievance in writing. Raising a formal grievance is not a step that is likely to be taken lightly, as in some circumstances it can make the situation worse. Employees should be encouraged to think carefully about what they want to achieve from the grievance.

Where a grievance applies to more than one employee, it can be easier, especially in workplaces with union recognition, to organise and raise a collective grievance (see Chapter 12). Moving the issue from an individual to an organisational level enables it to be properly dealt with through collective bargaining and also helps prevent problems being personalised. The “strength in numbers” of a collective grievance (for example, over issues like stress, workload, bullying management or physical working conditions) can help foster mutual support and solidarity, in place of the feelings of isolation and anxiety that raising an individual grievance can produce in practice.