Grievances

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.

Your employer should have a grievance procedure, but, if not, there are certain minimum standards under the relevant statutory 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). 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.

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.

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.

More from the Downs Blog

Millions of UK workers to receive increase in pay from April 2021

In April of each year, the Government increases statutory payments that are payable to workers and employees. 

Working from home - where do you stand?

Under new government guidance, you should work from home if you can effectively do so. However, some employers may ask their employees to return to work whilst restrictions are in place - particularly if it is not reasonable to carry out that work at home. For those who are concerned about health problems, or juggling childcare, where do you stand in the eyes of the law?

What the new lockdown means for businesses, employees and workers

The third lockdown in England legally came into force on 6 January 2021. How long it will last is uncertain. At least until mid-February and possibly until late March. Vaccination provides a route out of the pandemic, but businesses need to survive this final and possibly longest of the lockdowns.

We are open

During these uncertain times, it is good to know you can count on us.

Even after the recent Government announcement of another national lockdown we remain open for business and are here to help you.

Coronavirus Job Retention Scheme Extended Until March 2021

On Thursday 5 November 2020, the Chancellor announced that the furlough scheme is to be extended until the end of March 2021. During this period you will be able to claim up to 80% of an Employees salary up to a cap of £2500.

 

Coronavirus Update - CJRS Extended

The Chancellor announced over the weekend that the Coronavirus Job Retention Scheme (CJRS) that was due to end on 31st October will be extended until 2nd December.  The level of support available under the extended scheme will mirror that of what was available under the CJRS in August, with the Government paying 80% of wages up to a cap of £2,500.

Chancellor announces changes to the Job Support Scheme

The Chancellor announced on Thursday 22 October that the Government contribution to employers’ wage costs under the Job Support Scheme (JSS) will be increased. Employers will be expected to pay 5% of the cost of unworked hours instead of the 33% originally announced.

Coronavirus Update - CJRS Bonus - Are you eligible?

Back in the summer the Chancellor announced that employers could receive a one-off payment of £1,000 for every employee who had previously been furloughed under the Coronavirus Job Retention Scheme  provided they remained continuously employed to the end of January 2021.  Businesses will be able to claim the Job Retention Bonus from 15 February 2021 and the Government has stated that further guidance will be provided by the end of January 2021.

Coronavirus Update - Jobs Support Scheme announced

With new government guidance on Covid coming into force today and the current furlough scheme coming to an end next month, as expected, the Chancellor has today announced a new scheme to help businesses.  

Latest government Covid measures re-introduce work from home message

As Covid-19 cases continue to climb, the UK faces ever tougher restrictions. But, with the furlough scheme winding down, what rights do employers and employees have when returning to work?

 

Barclays backtracks in privacy row over worker surveillance project

Barclays Bank has withdrawn a system that monitored employees’ computers, tracking individual working patterns and how much time each day was spent on breaks. Details of the pilot project came to light after a Barclays whistle blower reported it to a newspaper.

New contract terms affecting all new employees and workers to come into force on April 6 2020

From 6 April 2020 there will be changes to the minimum written terms that must be provided to employees AND the timing of when these terms must be provided to them. These terms are known as Section 1 statements, referring to Section 1 of the Employment Rights Act 1996 (ERA).

The Parental Bereavement Leave and Pay Regulations set to come into force on 6 April 2020

Downs Solicitors is pleased to play a small part in helping to raise awareness of a new and important piece of employment law that is coming into force in April 2020. The Parental Bereavement Leave and Pay Regulations will be known as Jack’s Law. This is in memory of Jack Herd who died in 2010 and whose mother, Lucy, has campaigned tirelessly ever since for mandatory leave for grieving parents.

What could work look like in 2020?

One of the big focuses in recent years has been on flexible working and how it has changed the concept of a “normal” working day. From challenging the norms of 9-5 working to commuting time counting as working time, there’s no doubt that the new decade could bring a new shape of working – but what does that mean for business leaders and their HR teams?

How might the decision to make ethical veganism a philosophical belief affect employers?

Jordi Casamitjana was dismissed in 2018 by The League Against Cruel sports for gross misconduct. Mr Casamitjana, an ethical vegan, claims that his dismissal came after telling colleagues that their employer’s pension fund was being invested in companies involved in animal testing. His solicitors claimed that the decision to dismiss was made because of his beliefs around ethical veganism.

Workplace health and well-being – It’s time to talk the menopause. A guide for employers

Introduction

Improving the conversation about the menopause at work is important for both workers and employers. For the worker experiencing symptoms, the onset of the menopause can be a challenging time and one that is a sensitive and personal matter. For an employer, menopause is a health and well-being concern for their workers and one that needs managing sensitively.

What should we take away from the sudden departure of Steve Easterbook from McDonalds

The departure of McDonald’s CEO Steve Easterbrook at the weekend for having a consensual relationship with another employee created headlines for numerous reasons. Not least because of the $675,000 severance payment, but because he was the company’s Chief Executive and don’t things like that get conveniently swept under the carpet? No longer it seems.

Time to call for further workplace flexibility

Whilst many see flexible working as an opportunity to juggle a work life balance more successfully, a lot of work needs to be done around overall wellbeing for the employee – and ways in which the employer can help facilitate that.

Another GDPR data breach hits the headlines

No sooner have we published a blog about British Airways’ largest GDPR fine on record, we find another story in the news.

BA Faces "Largest" GDPR Breach Fine

British Airways (BA) looks set to face the largest GDPR penalty by the Information Commissioner’s Office (ICO) of £183m for last year’s data breach that put 500,000 customers’ details at risk.

Working on the go is creating new choices

Self-employment is on the rise with more people “going it alone” than ever before. With a rise in easy-to-use, on the go technology more accessible, it’s hardly surprising that more people are opting for self-employment to cater to more adaptive lifestyles. But, what sort of impact is it having in the wider professional environment?

GDPR One Year On

The General Data Protection Regulation (GDPR) is nearly one year old, having come into effect on May 25th 2018. Many businesses in the UK and abroad have made amendments to elements of their practices to ensure GDPR compliance. As with any substantial change, there has been a steep learning curve and inevitable growing pains. With the one year mark fast approaching it seems an appropriate time to look at the impact and success, if any, of GDPR.

April 2019 Employment Law changes

Each April, the Government may amend employment regulations and set new deadlines for Companies to meet. The following are deadlines and updates which Managers and HR professionals should be aware of:

Sickness: Is it serious

None of us like to think about getting ill, but if you run a business, it can be helpful to identify the leading causes and reasons for sickness in order to effectively manage workflow.

Working 8–4? What a way to make a living!

As if Ms Dolly Parton’s appearance at the recent Grammy Awards wasn’t enough, her new Netflix series beginning in 2019 will soon have reminisces tapping their feet to some of her major hit records. Perhaps working “9-5” is one that resonates most – and what a way to make a living indeed. Since writing her hit, the workplace has changed considerably and it is interesting to see how employers and employees alike are adapting to that change.

Gender Pay Gap back in the news

It’s been nearly 12 months since the first companies began publishing information about their gender pay gap. One year on, it looks as though we have still quite a way to go as the newest round of pay gap snapshots hit the headlines with Britain having the largest gap between the sexes in the European Union.

Christmas Parties: Don't be tempted to treat yourself to a sick day

Apparently, around 9 out of every 10 businesses have had an employment related issue as a result of Christmas party antics. One of the most commonplace issues is the hangover and staff calling in sick the next day after drinking too much at the Christmas party the night before.

How the Morrisons Data Breach case should put employers on their guard

GDPR seems to be the word of the year, but as many businesses still try to get to grips with it, the Court of Appeal have issued details surrounding a case of data protection. Is an employer responsible if an employee deliberately breaches a data protection law?

GDPR four months on: What's changed?

The new General Data Protection Regulation (GDPR) came into force on 25 May this year. It, together with the Data Protection Act 2018 (DPA 2018), replaced existing laws in the UK relating to data protection and became an obligatory requirement across the whole of the European Union. Even though this had been bubbling away in the news for several months, there were concerns that businesses remained relatively in the dark about what they had to do. In the end, the majority of cases saw a last-minute scramble to implement the new regulation – and it appears to be still on-going.

Managing a more flexible workforce

To follow up on a couple of recent news stories relating to flexible work, for employers thinking of adopting change, you will also need to know how to effectively manage a more flexible workforce.

The email train: Does the commute count as working hours?

It seems the debate about “working hours” rages on. We recently wrote a blog about how working hours have changed and that people are moving towards much more flexible models.

Working 9-5: Not the way to make a living

Despite Dolly Parton's smash hit, it seems that just 6% of working people are sticking to the traditional 9-5 shift pattern, according to a recent survey by YouGov.

Show More

Read articles from Downslaw

Immigration reform and workforce trends

The Government’s white paper on post-Brexit immigration policy is expected in October. Will the future immigration rules reflect the self-employment and flexible working that are now intrinsic to the UK labour force?

Employers glimpse the future of EU skilled migration

The Brexit White Paper of 12 July 2018 suggests what the future of skilled EU migrants in the UK might look like, but the wording is vague. In this analysis for Thomson Reuters, Downs Head of Immigration Samar Shams tries to decode the government’s plans for skilled migration from the EU.

GDPR and Immigration: How to fulfil both

In this month’s Employment Law Journal, Downs’s Head of Immigration Samar Shams offers practical advice on GDPR compliance. The analysis covers immigration contexts including the resident labour market test and visa applications as well as right to work checks. The article is designed to support employers in this developing area of compliance.

Dispelling the myth: Can employees go home early if office temperatures are too high?

As the temperatures set to reach record levels in the UK over the next week or so, there’s no doubt that many of us will be enjoying the great outdoors. But, what about those long office hours in stuffy, windowless buildings? Are employees entitled to go home if it is too hot? Do they have a “right” to air conditioning, for example?

EU Nationals and Family Members to come under UK Settlement Scheme

The Home Office published a Statement of Intent on 21 June 2018 setting out the application processes EU nationals and their family members will have to undertake to stay in the UK beyond the post-Brexit transition period. The Statement does not indicate when exactly the application process will open, stating only ‘late 2018’. The settlement scheme will be introduced in phases, and will open fully from 30 March 2019. Subject to the outcome of ongoing negotiations, the UK proposes to extend the settlement scheme to EEA and Swiss citizens.

GDPR – A Snapshot

There are just a few days to go before the GDPR legislation will come into force, but according to a recent poll, 89% of organisations in the UK remain “confused” by GDPR. Organisations will need to act fast if they have not already made progress with the new legislation – here are a few tips from us to help you along the way.

GDPR Compliance Review - Are you ready?

With less than two months to go until the new General Data Protection Regulation (GDPR) comes into force, are you and your business ready for the new requirements?

Show More

Our Team

Meet all of the team at Downslaw


Cobham

15A High Street
Cobham
Surrey
KT11 3DH

T: 01932 589599
F: 01932 505087

DX: 46102 COBHAM

Dorking

156 High Street
Dorking
Surrey
RH4 1BQ

T: 01306 880110
F: 01306 471230

DX: 57300 DORKING

Godalming

The Tanners
75 Meadrow
Godalming
Surrey
GU7 3HS

T: 01483 861848
F: 01483 431965

DX: 58308 GODALMING 1