Raising a Grievance for Unfair Treatment at Work

What is a Grievance at Work?

Any employee facing an issue at work that can’t be resolved informally – i.e. by discussing it with a manager or HR representative – has the right to raise a formal grievance. 

Grievances can be raised for all kinds of different workplace issues. You might raise a grievance over pay, workplace discrimination, unsafe working conditions, or even unfair dismissal. 

According to research, grievances are on the rise, with workplace bullying and harassment among the most common reasons for raising one.

When Should You Raise a Grievance?

While many of us hope that we’ll never need to raise a formal complaint at work, from time to time issues may arise, and it’s important to deal with them properly.

Before jumping straight into a formal grievance procedure, it’s always recommended to speak with someone first. This could be your manager, an HR representative, or a trusted colleague. Having an open conversation can sometimes resolve the issue quickly without the need for formal action. 

Already tried the above? You should consider submitting a formal grievance if you:

• Feel uncomfortable reporting a grievance informally
• Have tried raising your issue and not found a solution
• Are facing a serious problem that requires immediate action or a formal investigation

In these cases, following your company’s official grievance procedure is the best action to take.

Step-by-Step: The Grievance Process Explained

In the UK, all employers are legally required to have a grievance procedure, as set out in Section 3 of the Employment Rights Act 1996. This is usually included in the company handbook, manual, or work intranet.

While the law doesn’t specify an exact format for grievance procedures, they should be written in line with the Acas Code of Practice. 

Here’s what a typical grievance process looks like:

Step 1: The employee reports their issue informally. If it can’t be resolved informally, they should review their company grievance procedure and raise a formal grievance in writing. 

Step 2: The employee must send their grievance letter to the appropriate person (this is normally a line manager or HR manager). At this stage, any supporting evidence should be included.  

Step 3: The employer will review what has been submitted and investigate. 

Step 4: Both the employer and employee will attend a grievance meeting to discuss everything. This is often referred to as a ‘hearing’. The employer should arrange this meeting within five working days. During the meeting, the employee has the right to bring along a colleague or union rep.

Step 5: The employer will make a decision, after which the employee will receive a written outcome. In some cases, there will be no action taken. However, employees do have the right to appeal if they don’t feel the outcome was fair. You can find out more information on appealing a grievance outcome on the Acas website.

How to Write a Grievance Letter for Unfair Treatment

If you’re planning to raise a grievance at work, Acas offer a helpful grievance letter template that can be used as a guide to get you started. 

When writing your letter, try to be as clear and concise as possible. This means detailing the grievance as factually as possible, using times or dates when recalling incidents, expressing your desired outcome(s), and being realistic about what action should be taken.

Support Strategies for Neurodivergent Employees During Grievance

If you’re an employee who identifies as neurodivergent, raising a grievance can come with additional challenges that aren’t necessarily related to the issue itself. You might become easily overstimulated in certain environments, find it difficult to communicate your needs, or feel overwhelmed when having to plan or organise.

If you’re worried that these challenges might affect your ability to participate in the process, you may be entitled to support along the way.

Reasonable adjustments you can ask for

According to the Equality Act 2010, if you’re an employee with a disability, you have the right to request reasonable adjustments that accommodate your individual needs. These adjustments can make the grievance process more manageable and help to ensure clear communication between you and your employer.

You may wish to ask for:

• Flexible scheduling of meetings to suit your needs
• A support person (e.g. a colleague or union representative) who can be present during meetings
• All materials in an accessible format (e.g. in large print or easy-read options)
• The option to participate in meetings remotely via phone or video call
• Regular breaks during meetings to manage stress or fatigue
• Note-taking software to help you review what was said in the meeting

Communicating in writing vs. verbal discussion

Since communication in writing is a typical part of the grievance process, you may also choose to seek support with this. For example, you may wish to use a dictation software for your formal grievance letter or similar assistive technologies that allow you to navigate the process.

Your request for reasonable adjustments does not need to be written. However, putting it in writing can help ensure there’s a clear record of what you’ve asked for and when. 

Asking for help from a union rep or HR contact

If you belong to a union, your union rep can be a helpful source of support and advice. They’ll help you to understand your rights, prepare your case, and even accompany you to meetings. 

Not got a union rep? HR contacts can help, too. Although they’re not an independent representative, they’re often clued up on the latest procedures and adjustments that can be put in place to support you.

How Employers Can Support Neurodivergent Staff During a Grievance

Are you an employer looking to create a fair and accessible grievance process for neurodivergent employees? Here are some practical steps you can take:

Mediation and alternative routes to resolution

Mediation involves bringing in a neutral third party. That person is there to help both sides communicate openly and work towards a solution without the need for a formal investigation or hearing. This can be a valuable method of resolving conflict in a way that works well for everyone involved.

You may also wish to bring in a disability liaison or advocate. This person can offer additional support with communication, help to explain the grievance process, and ensure that the employee’s needs are met.

Ensuring a psychologically safe environment

Creating a psychologically safe environment is vital when it comes to dealing with workplace grievances. After all, employees should feel safe to raise concerns without fear of judgment or retaliation. 

Part of creating a safe environment is being transparent about policies and procedures so that staff know where to turn when there’s an issue. Be sure to:

• Check in regularly with neurodivergent employees
• Use simple language when communicating their rights
• Let them know who they can talk to when they have a confidential issue
• Make sure there are private meeting spaces available that can’t be overheard or overlooked

Doing these things will help them to feel more supported and less worried about speaking up.

Inclusive policies and neurodiversity training for line managers

Finally, make sure your grievance policies are accessible and inclusive. Offering neurodiversity awareness training to line managers will help them to understand diverse needs and support employees effectively throughout the process. 

If everyone in the organisation understands the importance of inclusion and knows how to put it into practice, the grievance process will become fairer, safer, and more supportive for everyone.