Grievance and Disciplinary Procedures


If you have a problem with your employer you should usually try to sort it out informally first. If this doesn't work, you should follow the special three-step grievance procedure which all employers are required to have by law. This means you must:

  • send your employer a written statement, setting out your grievance, and give them at least 28 days to respond
  • meet with your employer to discuss your grievance
  • appeal against your employer's decision if you are not happy with it.

If you have followed this procedure and are still not happy with the outcome, you can take your case to an industrial tribunal. You should bear in mind that if you haven't followed the grievance procedure properly first, the tribunal may decide to reduce any compensation it awards you.

Industrial tribunals are legal bodies which deal with complaints about employment rights. A tribunal is made up of a legally qualified employment judge and two other people representing the employer's and the employee's sides of industry. A tribunal can deal with problems on the following:

  • written statement of terms and conditions
  • maternity rights
  • holiday rights
  • itemised pay statement
  • unpaid wages
  • sex discrimination/equal pay
  • race discrimination
  • disability discrimination
  • age discrimination
  • discrimination because of sexual orientation
  • discrimination because of religion or belief
  • some health and safety problems
  • unfair dismissal and redundancy

The Right To Be Accompanied

A worker who is required or invited by an employer to attend a disciplinary or grievance hearing has the right to make a reasonable request to bring a companion. The companion is chosen by the worker and can be: a full-time union official, whether or not the union is recognised; a certified lay official; or a co-worker.

To qualify for this right; the disciplinary hearing has to be one that could result in a warning or some other action provided that this is held on the employee's file and represents a stage in a disciplinary procedure.

If a worker's chosen companion is not available on the date fixed for the hearing it has to be postponed, provided the new date is reasonable and within five days of the original hearing.