Equality and Human Rights Commission

Resolving problems without legal action

Making a claim to an employment tribunal should be a last resort.

Sorting out workplace problems in a friendly and constructive way, without legal action, could well help you more than going to an employment tribunal.

Before 6 April 2009, it was compulsory in most cases to use the statutory grievance procedure to try to resolve a workplace problem before making a claim at an employment tribunal. But on this date, new procedures for dealing with discipline, dismissal and grievance issues were introduced. The new system is more flexible, with increased emphasis on alternative dispute resolution mechanisms.

Here we explain your options for resolving problems without legal action. These options start with an informal grievance to your employer, and can lead onto your recording a 'formal grievance'.

Before you do anything....

There are a number of steps you can take to resolve workplace problems in a friendly and constructive way, without legal action.

Resolving problems with your employer in this way can often result in a better outcome for you than taking a tribunal claim.

The first steps you take in raising the difficulties with the employer can help determine how quickly and successfully a situation gets sorted out. So, before you do anything, consider all your options.

You prefer not to go to an employment tribunal?

Making a claim to an employment tribunal should be a last resort. Here we explain different ways to resolve problems at work, without taking legal action.

An informal grievance

Do not assume that your employer is unwilling to resolve problems or take positive steps to support you at work. Unless the employer knows about your concerns, they cannot put things right. A good first step is to raise your complaint informally.

You can raise an informal grievance by:

• Discussing your complaint with your line manager
• Contacting your HR or personnel department and asking for informal advice

You are more likely to get the result you want if:

• you raise your informal grievance in a constructive way, and
• you make practical and reasonable suggestions about how to put things right

For example

If you are requesting a reasonable adjustment tell your employer that Access to Work,  the government agency which gives employers money towards making workplaces accessible to disabled people can pay most of the cost of making adjustments.

Make a note of what is said at any meetings or discussions about the grievance. And keep copies of any letters about the grievance.

A formal grievance

If you and your employer do not resolve the grievance informally, your next step could be to make a formal, written grievance.

Ask for a copy of your employer's grievance procedure. This should tell you how your employer will deal with your complaint including:

• to whom you should send your written grievance
• who will investigate your complaint and how long this will take
• when you will get a decision from the employer

If your employer does not have a grievance procedure, or will not give you a copy of it, you should still put your complaint in writing.

Writing a formal grievance letter

Send your employer a brief letter saying that you wish to make a formal grievance.

Include in your letter a statement giving the details of your grievance.

How to write your grievance statement

• Keep your statement brief, unemotional and to the point
• Write your statement in numbered paragraphs
• Keep these paragraphs short (one new point per paragraph)
• If possible, type your statement

What to include in your grievance statement

• Say that you are making a formal grievance
• Describe what has happened in date order, with the most recent event last
• Include key dates
• Include the names and job titles of the people involved
• Say clearly that you think what has happened to you is discrimination
• Say what you have done to try to resolve matters before making a formal grievance
• If you need a reasonable adjustment to take part fairly in the grievance process, say so now. For example, if you have a hearing impairment you might need a BSL interpreter to be at the grievance meeting 

Remember to ...

• Keep a copy of your grievance statement and letter
• Get proof that your grievance has been received by asking for an acknowledgment

What happens when the employer receives your grievance?

The employer will usually arrange a meeting to discuss your grievance. If you need any adjustments made to help you take part in the grievance meeting, ask for these before the meeting.

You have a legal right to take someone to the grievance meeting with you. This could be a trade union representative or a work colleague.

At the grievance meeting, you will have chance to explain your complaint.

At the close of the meeting, you should be told what will happen next. The employer may want to investigate further before making a decision. For example, if your complaint is about your manager or other colleagues, the employer will probably ask them to explain their actions.

You should also be told when the employer will make a decision.

Appeal

If your employer’s decision is not in your favour, and the grievance procedure offers you a right of appeal, you can use it to request that your complaint be reconsidered..

The Acas code of practice and guidance on grievance solutions in the workplace

The Advisory Conciliation and Arbitration Service's (Acas) code of practice outlines the principles of what employer and employee should do to when trying to resolve workplace problems. Employers and employees are no longer required to follow mandatory steps in the grievance process, but employment tribunals do now have discretionary powers to adjust awards by up to 25% if employers or employees have failed to comply with the recommendations in the code.
For more information, or if you are unsure if the new system applies to you (for example, if the act of discrimination occurred before 6 April 2009), please read the leaflet Avoiding and resolving discipline and grievance issues at work (Pdf)or read the detailed guidance on the BIS website. 

Grievances and tribunal time limits

The normal time limit for making a discrimination claim to the employment tribunal is three months less one day from the date the discrimination happened. For equal pay claims, this time limit is six months.

Raising a grievance with your employer is not the same as making a tribunal claim. Make sure that you do not run out of time for making a tribunal claim while you are trying to resolve your complaint internally.

For more information about time limits see Time limit for taking a claim to tribunal.

Still no resolution: what next?

There are other ways to try and sort out your complaint with the employer without taking legal action.

Acas conciliation

If you are unable to resolve your complaint with your employer but do not want to make a tribunal claim, you can, under certain circumstances, use the Acas pre-claim conciliation scheme.

We explain more about Acas in Where can I get help. For more details about Acas conciliation.

Mediation

Sometimes, a neutral third party can help the two sides reach an agreement. A mediator might come from outside the organisation or from within it, depending on the circumstances. You can find more information on registered workplace mediators at www.civilmediation.org for England and Wales or www.scottishmediationregister.org.uk for Scotland.  

Using the questionnaire procedure

The questionnaire is a form that can be used in some situations when you believe you have been discriminated against. It gives you the chance to ask your employer questions about the way they have treated you. The DL56 questionnaire form is especially for disability discrimination situations, the RR65 questionnaire is for race discrimination, and the SD74 questionnaire is for sex discrimination. If your case is about equal pay there is an equal pay questionnaire. There is also an age discrimination questionnaire, a sexual orientation questionnaire and a religion and belief questionnaire (please note: these last three links will take you to the questionnaires on the BERR website).

Using the questionnaire can be the first step in taking a tribunal claim. Any replies the employer gives you can be used as part of your evidence at tribunal.

Using a questionnaire does not mean you have to then make a tribunal claim. Sometimes, getting a questionnaire can make the employer reconsider their actions and offer a resolution you are happy with.

Where can I get help?

If possible, get help with raising your grievance. If you prepare your grievance thoroughly, you are more likely to get a good result. People who may advise or support you in raising a grievance are:

Advisory Conciliation and Arbitration Service (Acas)

The role of Acas is to help employees and employers resolve disputes at work. Acas gives impartial information about employment law to both employees and employers.

If you have problems at work, Acas can explain your rights at work. They can also tell you what legal duties your employer has. Acas cannot take sides or give specific advice about your personal situation. You can contact Acas via:

• Acas national helpline on 08457 474747
• Acas website www.acas.org.uk 

Trade unions

If you are a member of a trade union, tell your workplace representative about your complaint as soon as possible and before you take any formal action. The trade union can advise you on how best to raise your grievance and go with you to grievance meetings.

If you do not know who your local union representative is, contact the trade union's head office or the national equality officer who can put you in touch with your local union representative.

Staff associations

If there is a staff association at your workplace, contact them as soon as possible, as they may be able to offer advice and support.

Disability organisations

Many disability organisations provide leaflets and website information about disabled people's rights at work. Some organisations produce factsheets aimed at improving employers' understanding of a disability and its possible effects and explaining how easily and cheaply reasonable adjustments can be made. You can show this information to your employer.

The Disability Law Service (telephone 020 7791 9800) and DIAL UK (Disability Information and Advice line tel 01302 310123) give advice on workplace rights.

Access to Work

Access to Work (ATW) is part of Jobcentre Plus, which is run by the government's Department of Work and Pensions.

Research shows that disabled people are less likely to be in paid work than people who are not disabled. Access to Work helps to tackle this inequality by:

• providing practical support and advice to disabled people and employers
• giving employers money towards the cost of making reasonable adjustments for disabled people in the workplace

For more information about Access to Work go to www.jobcentreplus.com  or contact your local Jobcentre Plus office.

Citizens Advice Bureau

Your local Citizens Advice Bureau (CAB) can advise you on your rights at work. Your CAB adviser can help you write letters to the employer. Sometimes, the CAB will provide representation if you make a claim at the employment tribunal. Find out more at www.citizensadvice.org.uk.

 Law Centres

Law centres were set up to provide free and independent legal services in their local area. You can find out if there is a law centre in the area where you live or work on (telephone) 020 7387 8570 or at www.lawcentres.org.uk.

Equality and Human Rights Commission Helpline

Our Helpline gives advice and information about your rights and what to do if you have experienced discrimination.

Household insurance

If you have household insurance, it is worth checking your policy to see if it includes legal protection insurance. If so, you may be eligible for legal advice and representation through your insurance policy.

Deciding to make a tribunal claim

If you and your employer are still unable to resolve your complaint, you may then decide to make a claim to an employment tribunal. Making a tribunal claim can be demanding and it can take a long time. What really counts is being realistic about the strength of your claim and preparing your case thoroughly.

Tips for successful problem solving

• Approach your employer in a friendly and constructive way
• Get help
• Be realistic, be flexible - keep an open mind to all possible resolutions
• Do not delay - make your grievance as soon as possible
• Make a formal, written grievance before you lodge a tribunal claim
• Do not forget the time limits for making a discrimination claim at the employment tribunal.