Bringing a discrimination claim

Written grievance

An employee considering a discrimination claim should normally begin by setting out the subject matter of their claim in a written grievance and giving it to the employer.

The Acas Code says that the grievance should set out the nature of the grievance. Although the Code does not limit what should and should not be included in a grievance, it is a good idea 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 worker feel;

• explain what the member would like done about it.

It is important to think very carefully before raising a grievance about discrimination, as it is likely to raise the temperature of the grievance process and may lead to the involvement of outside solicitors. If discrimination is to be raised, it is a good idea to do this early in the process. If allegations of discrimination are left until later on (for example, after a dismissal but before the appeal) they can appear less credible. Avoid antagonistic language.

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”.

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).