If you are unhappy at work or with aspects of your employment conditions, it is often advisable to raise the matter as a formal or informal grievance with your employer.
The grievance procedure
Your employer should have a grievance procedure, but, if not, there are certain minimum standards under the relevant statutory Advisory, Conciliation and Arbitration Service (ACAS) code of practice that should be followed should you raise a grievance. If your grievance is not properly dealt with, you may be entitled to resign and then pursue a claim of unfair constructive dismissal (provided you have at least two years’ service with your employer). There are exceptions to this length of service requirement if the reason for your resignation triggers the automatically unfair dismissal protection. However, advice should be sought before taking this serious step. It may be that your grievance involves elements of discrimination or breach of family friendly rights, which would give rise to additional claims.
Explaining your grievance
As part of your grievance, you will be required to specify the matters that you are unhappy about in sufficient detail to enable your employer to carry out an investigation of the issues raised. Our expert employment solicitors regularly advise on employee grievances and will be able to help you formulate your grievance so that it is presented in the most effective way. Throughout the process we will provide expert and pragmatic advice to ensure your interests are best protected and that you are able to achieve the best possible outcome.
Using a Settlement Agreement
It may be that following raising your grievance it is decided that the best outcome is a parting of the ways using a Settlement Agreement, for example where you feel the working relationship is no longer tenable. We will assist you to obtain, by negotiating on your behalf if you wish, the best possible deal under such an agreement.
In every case our priority will be to thoroughly understand your workplace issues and the outcome(s) you seek and then work with you to achieve this.