An essential guide to understanding possible grievance outcomes.

If you feel strongly enough to make any complaint which is then rejected, it can be difficult to accept – and it is the same with a grievance at work.

Often you will have to compromise, concede that parts of your complaint may not be considered valid, or have to deal with it being rejected in its entirety.

It is a position you could find yourself in if you ever raise a formal grievance at work [1 cited 13.2.23]

The reason why you may choose to submit a grievance can vary.

It can be because of bullying, discrimination, harassment, changes to your terms and conditions or any type of unfair work-related treatment.

A grievance is a concern, problem or complaint, raised with your employer. Anyone, in any workplace, can raise a grievance at any time.

Your employer should have a grievance policy, which informs you how you can raise a grievance and the process that will be utilised for dealing with it.

It should reflect the ACAS Code of Practice on disciplinary and grievance procedures  [2 cited 13.2.23] .

Raising a formal complaint at work can be extremely unsettling, uncomfortable and daunting.

If you do raise a grievance, always think carefully about the outcome you want. You need to be realistic and reasonable about it.

You may raise a grievance because you need an explanation about why you have been treated in a particular way, you want to prevent a similar thing happening to others or because you are seeking an apology.

A good resolution may involve getting answers to troubling questions, acknowledgment of your concerns or the review and improvement of a certain practice.

There are several possible outcomes to a grievance, and here we take a closer look at the most common:

What happens if my grievance is upheld?

It can be difficult to get your employer to uphold your grievance regardless of the strength of it. This is because it can often be perceived as a criticism and attack on an employer, or because it fears the grievance may form the basis for any subsequent legal claim.

But if your grievance is upheld, your employer should discuss your desired outcome with you. Appropriate action should then be taken to rectify the situation.

How this will be done will be dependent on what you actually want as an outcome and how reasonable it is.

Your employer may allow you to transfer to a different department or location if that is what you want, change a policy, provide additional training to employees or discipline any employee implicated in your grievance.

What can I do if my grievance is not upheld?

If your grievance is rejected you should receive a written outcome, which fully explains the reason for the decision.

If you disagree with the decision you should be given the right to appeal.

A grievance appeal is an opportunity for you to challenge the outcome, explain why it is wrong or unfair, and ask for a different outcome to be considered [3 cited 13.2.23]

In some cases, parts of your grievance may be rejected but other parts, not all of it, upheld.

For example if you allege unlawful deduction of wages and bullying, your employer may find that your wages were not paid as expected, but that you were not bullied.

To correct the situation your employer may apologise and pay you what you are owed. If you are unhappy with the response to the bullying complaint, then you can submit an appeal against that aspect of the grievance outcome.

I am worried about how colleagues named in my grievance may react to me.

You can ask for workplace mediation which can be a good, flexible and less formal way to address any concerns in any working relationship.[4 cited 13.2.23] .

It can be an effective and practical way to resolve work-related disputes and disagreements and repair damaged working relationships.

It is a confidential process, which should be led by an impartial third party with the objective being to reach a suitable agreement, which will enable all involved to work together effectively moving forward.

During mediation, you should listen to each other’s viewpoint and be willing to explore all reasonable options to find a solution.

It is important to note it is not a process to judge who is right and who is wrong. It is about finding a solution to any problem and agreeing how to work together in future.

But be warned, mediation does not work for everyone.

My employer has not taken my grievance seriously or dealt with it fairly.

Your employer should not act in any way to breach the implied term of trust and confidence in the working relationship [5 cited 13.2.23]

Every contract of employment is treated as containing a term of trust and confidence.

It requires employers and employees not to conduct themselves, without reasonable and proper cause, in a manner calculated or likely to destroy or seriously damage the relationship of confidence and trust between employer and employee.

If your employer is dismissive of your grievance or does not conduct an appropriate investigation, it may lead to an irretrievable breakdown in the working relationship that causes you to lose trust and confidence in your employer.

Examples of situations that can lead to a loss of trust and confidence can include: failing to pay the agreed salary or benefits, discrimination, harassment, bullying, failing to address any legitimate health and safety concern or providing false or misleading information.

If you have justifiably lost trust and confidence in your employer you do have options.

It is impossible for me to return to work after my grievance.

If this is the case, and your grievance is for a matter you could pursue legally e.g. discrimination or breach of contract etc, then you can try to settle the dispute.

This can be done using a settlement agreement, which is a legal contract between you and your employer that brings the dispute to an end [6 cited 13.2.23]. It can also be done with a COT3 agreement through ACAS.

Typically the agreement will detail the terms that will lead to the end of the employment contract.

It will generally include an agreed severance payment in exchange for certain requirements, such as you waiving your rights to bring future claims against your employer and agreeing to keep the terms of the agreement confidential. The settlement agreement terms can be tailored to the needs of you and your employer.

Either party can propose a settlement in the appropriate circumstances. Such a discussion should take place in a protected without prejudice conversation under section 111A of the Employment Rights Act 1996 [7 cited 13.2.23].

If you cannot agree a settlement and your employer’s conduct leaves you with no other choice but to quit your job, you may have a case for constructive dismissal [8 cited 13.2.23]

Such a dismissal occurs if you are forced to leave your job against your will. It must be for reasons that are serious, for example, your employer:

• Does not pay you or suddenly demotes you for no reason.
• Forces you to accept unreasonable changes to how you work - for example, tell you to work night shifts when your contract is only for day work.
• Allows other employees to harass or bully you.

If you have received a grievance outcome and need advice or support with your next steps contact our Employee Support Centre.