Month: November 2023

A work grievance is a formal concern, complaint, or issue that an employee raises with management. Handling grievances correctly is essential for fostering a positive workplace environment and ensuring fair treatment.

What is a grievance at work?

A workplace grievance can occur for various reasons, including:

• Concerns about employment contract terms and conditions
• Health and safety issues
• Unfair treatment, discrimination, bullying, or harassment
• Problems resulting from organisational changes or new work practices

Some complaints, such as those related to discrimination or whistleblowing, may follow specific legal procedures. Seeking professional legal advice can help ensure your grievance is handled correctly.

Informal grievance resolution

Before filing a formal grievance, consider addressing the issue informally. In many cases, a simple conversation with your line manager can resolve the problem. This approach is often quicker and less stressful.

If your complaint involves your manager, consider speaking to another appropriate person, such as an HR representative.

Formal grievance procedure

If informal discussions fail to resolve the issue, you may choose to initiate a formal grievance. Most employers have a grievance policy, typically based on the ACAS Code of Practice on Disciplinary and Grievance Procedures.

Steps to Follow:

1. Review your employer’s policy: Familiarise yourself with your company’s grievance procedure.
2. Document the issue: Maintain detailed notes of events, including dates, times, and individuals involved.
3. Submit a grievance letter: Write a formal letter outlining your complaint and providing relevant evidence.
4. Attend a grievance meeting: You’ll be given the opportunity to present your case. A colleague or trade union representative can accompany you.
5. Await the decision: Your employer will investigate and provide a decision within a reasonable timeframe.

How to write a work grievance letter

A grievance letter is a crucial part of the process. Here are some tips:

• State the facts clearly: Provide specific details about the issue, including relevant dates and evidence.
• Be objective and concise: Avoid emotional language and focus on the facts.
• Explain the impact: Describe how the issue has affected your work.
• Propose a solution: Suggest possible resolutions.

If you’re unsure about drafting a grievance letter, an employment law specialist can assist you.

What happens in a grievance meeting?

A grievance meeting provides an opportunity for you to discuss your concerns in a formal setting. Prepare thoroughly by gathering evidence, organising your thoughts, and noting any key points.

Can you bring someone to a grievance meeting?

Yes, you have a legal right to be accompanied by a colleague or trade union representative. They can offer support and take notes but cannot answer questions on your behalf.

Mediation as a Resolution Method

Mediation can be a helpful option, especially for interpersonal disputes. A neutral third party facilitates the conversation, encouraging both sides to find a mutually acceptable resolution.

Appealing a Grievance Decision

If you are dissatisfied with the outcome, you can submit a written appeal. The appeal should state the grounds for your disagreement. Your appeal will typically be reviewed by someone not involved in the initial decision.

Seek Legal Support

Navigating a workplace grievance can be challenging. Seeking legal advice ensures your rights are protected and increases the likelihood of a fair outcome.

Contact our employment law specialists today for expert support throughout the grievance process. We can assist with drafting your grievance letter, preparing for meetings, and representing you during appeals.

If you’ve been dismissed, treated unfairly, or disadvantaged at work because of pregnancy or maternity, you may have a claim for discrimination or unfair dismissal. Understanding your rights is crucial to protecting yourself in the workplace.

What is Pregnancy and Maternity Discrimination?

Pregnancy and maternity discrimination occurs when an employer treats an employee unfairly due to pregnancy, maternity leave, or the assertion of related rights. This can happen at various stages, including:

• When you inform your employer about your pregnancy
• During a job interview while pregnant
• Throughout your maternity leave

If you face unfair treatment after your maternity leave ends, it may still be unlawful under sex discrimination laws.

Examples of Pregnancy and Maternity Discrimination

Discrimination at Job Interviews

• You are not obligated to disclose your pregnancy during an interview.
• Employers cannot ask about your pregnancy or family plans.
• Your pregnancy should not impact the hiring decision.

Promotion Opportunities

• Pregnancy or maternity leave should not affect your chances of promotion.
• Employers should inform you about promotions and provide fair opportunities.

Pay During Pregnancy and Maternity Leave

• Your salary may change only when you begin maternity leave.
• You may receive statutory maternity pay or contractual maternity pay.
• Benefits and annual leave should continue to accrue during maternity leave.

Training and Development

• You should be kept informed about training opportunities.
• Employers should work with you to schedule training at suitable times.

Redundancy During Pregnancy or Maternity Leave

• It is illegal to make you redundant due to pregnancy or maternity leave.
• If redundancy is necessary, employers must consider you for suitable alternative roles.
• You have enhanced protection from redundancy while on maternity leave.

Pregnancy-Related Illness

• Employers should support you if you need time off due to pregnancy-related illness.
• Pregnancy-related absences should not result in disciplinary action.

Ante-Natal Appointments

• You are entitled to paid time off for ante-natal appointments.
• Employers cannot require you to use annual leave for these appointments.

Performance Management During Pregnancy

• Employers must be understanding of any pregnancy-related impact on your performance.
• Supportive adjustments should be made where necessary.

Dismissal During Pregnancy or Maternity Leave

• Dismissal based on pregnancy or maternity is unlawful.
• Seek legal advice if you face unfair dismissal.

Returning to Work After Maternity Leave

• You are entitled to return to your original role or a suitable alternative.
• Employers cannot pressure you into accepting unsuitable changes.
• You have the right to request flexible working after 26 weeks of employment.

Victimisation and Your Rights

If you assert your rights and face retaliation, such as exclusion from opportunities or receiving a poor reference, this is known as victimisation. Legal support is essential in these situations.

Understanding the Protected Period

The “protected period” covers from the start of your pregnancy until the end of your maternity leave or your return to work, whichever is earlier. Unfair treatment during this period is unlawful. Afterward, you may still have a claim if the treatment stems from actions taken during the protected period.

How to Make a Pregnancy Discrimination Claim

• Seek specialist legal advice to understand your rights.
• Claims typically go through an employment tribunal.
• The deadline for making a claim is three months minus one day from the discriminatory act.
• You must contact the Advisory, Conciliation and Arbitration Service (ACAS) for Early Conciliation before filing a claim.

Contact Our Employment Law Solicitors

If you believe you have experienced pregnancy or maternity discrimination, our experienced employment law solicitors are here to help. We offer clear, expert guidance to support your claim.

Call us at 01245 293197 for a no-obligation consultation or complete our online enquiry form. Let us help you protect your rights and navigate your legal options confidently.