What grievance outcome can i ask for?

It is ‘a million-dollar question’, what is going to make you happy or put this right? And it is perhaps the most important query when an employee raises a formal complaint at work.

Any worker who feels strongly aggrieved about any work-related matter can raise a formal grievance at work.

A grievance is a concern, complaint or problem that any member of staff has with any aspect of their employment [1] cited 11.2.25

The decision to submit a formal grievance at work is not one that should be taken lightly. It can happen as the result of a one-off occurrence, or after what is considered the final straw in a pattern of unfavourable treatment suffered by an employee.

How an employee wants the situation to be resolved can vary, but the ultimate aim is for it to be addressed to their satisfaction.

So what can you ask for as a grievance outcome and expect if it is upheld.

When should I decide what I want as a grievance outcome?

From the outset, as knowing what you want to achieve will help you to structure and focus your grievance and express your concerns as clearly and effectively as possible.

When your employer is also clear on what it is that you want, it allows it to carefully and fairly consider it and work out if it is  actually feasible.

Having in mind the goal you wish to achieve will mean there is no confusion or misunderstandings about what you expectations are.

So, right from the very start, think sensibly, be as reasonable as possible, and decide what you want from the grievance process.

Is there really a chance my employer will uphold my grievance?

Yes, it is possible that your employer will uphold a grievance.

Employers must take any complaint seriously and should have a policy in place that ensures a formal grievance is investigated thoroughly and fairly.

You should provide as much evidence as possible to support your grievance. The standard of proof in employment law is the ‘balance of probabilities’, which means that the evidence presented must show your allegation is more likely than not to have occurred.

Grievance findings can be based on direct evidence and reasonable inferences that can be drawn from the evidence presented.

So if you can provide enough evidence - witnesses, emails, text messages, social media posts, documents etc – and plan, prepare and present your grievance well there is a chance you could achieve what you want.

An employer can fully uphold a grievance or partially uphold it, which will mean it has accepted some parts of the complaint and not all of it e.g. you allege a manager is a bully and rude, and the investigation finds he was rude but not a bully.

But a word of warning, there are instances where no matter how strong or compelling your grievance case is, an employer will find a way to reject it whether it is fair or not. If your grievance is rejected unfairly you do have the right to a grievance appeal.

Employment law provides numerous examples of the consequences an employer can face when it rejects a grievance unfairly

Last year an employment tribunal found a senior nurse had been treated unfavourably by her employer because of her race and because she was willing to speak up. The employer’s mishandling of the nurse’s grievance and appeal were reported to have been found to be acts of discrimination in themselves. [2] cited 11.2.25

What can I actually ask for?

There is no definitive answer, and it will depend on the nature of your grievance and you will, despite the emotion involved, need to be as reasonable as possible.

For example demanding a bullying manager be fired immediately and you replace them because you have always wanted the role is unreasonable, as the manager is still entitled to a fair disciplinary process and any promotion process should be fair.

What can I get if my grievance is upheld?

It will depend entirely on what you have asked for and if it is considered fair by your employer. You could get what you want, or your employer may make a counter offer that is acceptable to both parties.

You can ask for a range of different outcomes depending on the situation, and here are just five typical examples:

1. A settlement agreement is a legal agreement that can be a way of resolving a grievance when a working relationship has completely broken down. It can avoid the need for lengthy legal proceedings, which can be costly and stressful. It provides a much quicker way to conclude a matter. [3] cited 11.2.25

You can ask for a settlement to address a range of work-related issues which include discrimination, bullying, unfair or constructive dismissal, breach of contract and pay disputes.

2. A grievance may be raised during a disciplinary process or any other process that can lead to dismissal, and which you are being put through and believe is unfair.

You can ask for the process to be reviewed and the concerns addressed before it takes place, or for it to be stopped altogether because it is so unjust.

3. Most commonly you may feel aggrieved having been treated unfairly and simply want an apology from anyone involved. It can often be enough to resolve even the most serious of situations. But as straightforward as it sounds, it can often be a difficult outcome to achieve.

Employers will frequently be reluctant to apologise fearing it will be seen as an acceptance of wrongdoing or failing, which could potentially allow you to take legal action or pursue a compensation claim.

4. You can ask for a particular policy to be revised, changed or updated to prevent similar issues in future.

For example, if  your grievance is that your employer’s promotion policy disproportionately favours certain groups, and this is evident in the lack of diversity in senior positions, then asking for the policy to be reviewed and revised is reasonable.

5. Additional training for managers and colleagues to help them to better understand your particular needs if you require meaningful or additional support because you are struggling with any specific aspect of your work.

What if I don’t get what I want?

There is no guarantee that your employer will uphold your grievance and that you will get your desired grievance outcome, but you do have options.

You can submit a grievance appeal to your employer and ask for a review of the grievance outcome and reconsideration of what it is that you want.

Alternatively you can seek support from ACAS and its free early conciliation service, which works to resolve workplace issues before they advance to an employment tribunal [4] cited 11.2.25

If all other reasonable options fail, you can, dependant on the nature of your grievance, make a claim to an employment tribunal.

Finally

Submitting a formal grievance and going through the grievance process is never easy. It can be stressful, frustrating and aggravating, and then at the end of it there is no guarantee that you will get what you want to address the issue.

But what you want to do is put yourself in the best possible position and give yourself the greatest opportunity to achieve the outcome you desire.

Our trade union representatives are experts, experienced and skilled in supporting employees during a grievance process. They can help and support you with a grievance at work by accompanying you to a grievance hearing, presenting your case and in telling your employer the outcome that you want.

If you need the invaluable support of one of our accomplished trade union reps in such a situation, contact our Employee Support Centre or call us today for a free initial consultation on 0333 772 0611.