A grievance is a formal complaint to your employer. For disabled workers dealing with discrimination, a failure to adjust, or unfair treatment, it is usually the right first step, even when you suspect the process will not resolve things fairly.
This page explains when to use a grievance, what to include, and how to approach it in a way that protects your position.
Why raise a grievance?
A formal grievance matters for several reasons beyond the immediate outcome.
It creates a record. Raising a grievance puts your concerns in writing and forces your employer to respond formally. That paper trail can be important evidence later.
It is usually required before a Tribunal claim. Employment Tribunals expect employees to have attempted to resolve issues internally before bringing a claim. Failing to raise a grievance — where it was reasonable to do so — can result in a reduction in any compensation awarded, of up to 25%.
It doesn’t change Tribunal time limits. If you are approaching the three-month time limit for a Tribunal claim, raising a grievance does not stop time running. You need to start ACAS Early Conciliation to protect your claim. See ACAS Early Conciliation for more detail.
It may resolve things. Not always, and not always fairly, but sometimes raising concerns formally does result in change.
When to raise a grievance
Consider raising a formal grievance when:
- Your employer has refused or repeatedly failed to make a reasonable adjustment you have requested or that has been recommended by OH, and no alternative adjustment has been made
- You have been treated unfavourably in a way you believe is connected to your disability
- You have been subjected to harassment related to your disability
- You have been disciplined or dismissed and believe your disability was a factor
- You have raised concerns informally and nothing has changed
You do not have to wait until the situation reaches a critical point. Earlier is usually better.
Before you write
Take time before writing to be clear about what you are complaining about, what you want, and what evidence you have.
It is worth asking yourself:
- What specifically has my employer done, or failed to do?
- When did it happen? (Be as precise as you can about dates)
- Who was involved?
- What adjustments or changes have I asked for, and when?
- What has my employer said or done in response?
- What do I want the outcome of this grievance to be?
Being clear in your own mind before you write will make the grievance stronger and easier to write.
What to include in your grievance
Your grievance should be in writing. An email to HR, or to your line manager if there is no HR function, is fine. A letter is equally acceptable. Keep a copy.
State that you are raising a formal grievance. Use those words. It removes any ambiguity about whether this is a formal complaint or an informal conversation.
Set out the facts clearly and in order. What happened, when, and who was involved. Stick to facts rather than conclusions. “On 14 March I sent an email to HR requesting X. On 28 March I received a reply saying Y” is more useful than “my employer has been discriminating against me.” Keep to specific acts or failures to act, and include as much evidence as you can with your grievance – some employers do not gather evidence to support your grievance as part of their investigation and only seek to collect evidence against your grievance.
Refer to your disability. Explain what your condition is and how it affects you at work or is otherwise relevant to your grievance. If your employer has not previously been told that you are disabled, this is the moment to put it on record.
Set out what you asked for and what happened. If you have requested adjustments, say what you asked for, when, and what the response was. If adjustments were agreed but not delivered, say so.
State what you want. Be specific about the outcome you are seeking, an adjustment, an apology, a policy change, a reassignment. This gives the process a clear focus and makes it harder for your employer to claim they were not sure what you needed. While an apology is often the most important outcome disabled people are seeking, unfortunately very few employers will actually make an apology.
The grievance meeting
Once you have submitted your grievance, your employer should invite you to a grievance meeting. You have the right to be accompanied at this meeting by a trade union representative or a workplace colleague.
As a DWU member, you can request support from a DWU representative for a grievance meeting.
At the meeting, you will usually be asked to explain your concerns. Bring any documents you have. Take notes, or ask for the meeting to be recorded. Ask your employer to confirm the process and timescales for their response.
The grievance meeting can be adjourned for any investigation that is deemed necessary, but should be reconvened after the investigation, to give you an opportunity to conclude discussing your grievance with your employer in the light of the investigation.
The outcome
Your employer must give you a written outcome. The outcome should address each point you raised.
If you are unhappy with the outcome, you have the right to appeal. Use it. An appeal outcome is another step on the record, and exhausting the internal process strengthens your position if you later bring a Tribunal claim.
If you are already in a disciplinary process
If your employer has started disciplinary proceedings against you at the same time as you are raising a grievance, the situation is more complex. Your employer is allowed to deal with both together, or to pause one while they deal with the other.
A note on tone
Grievances work best when they are factual, focused, and professional in tone. This can be very difficult when you are dealing with something that has caused you real harm.
Angry or distressed language does not invalidate a grievance, but it can make it easier for your employer to focus on tone rather than substance. If you can, write a first draft, set it aside, and return to it.
→ Next: Keeping records
This page provides legal information, not legal advice. It reflects the law in England, Scotland, and Wales.