There is no legal procedure for how to complain at work – but usually a letter to an employer setting out a grievance is the first stage.
Most companies will have a grievance procedure or disciplinary or grievance policies which may be in the staff handbook.
ACAS also has a guide for employees and employers on disciplinary matters and grievances, which is regularly updated.
If employers provide a handbook setting out procedures – or have online resources setting out their disciplinary and grievance procedures – it advisable to read these before making a complaint or appeal, or if there is a possibility of an employer taking disciplinary action.
Even if a formal complain has been made by an employee – or an employer has started disciplinary action – it may be possible to resolve issues via mediation, conciliation or arbitration.
Employees have the right to appeal any decision by an employer regarding a disciplinary or grievance matter, which they do not agree with.
If after a meeting with the employer, an employee does not agree with the decision over a grievance or a disciplinary matter, it is possible to take the case to an Employment Tribunal.
Employment law can be complex – and it is important for employees to know their rights when making a formal complaint to a company, or if facing an employer’s disciplinary procedure.
In cases where an employee has been suspended from work because of a disciplinary matter, it is essential to seek legal advice immediately.
Atlantic Solicitors can advise at any stage of a disciplinary or grievance matter – including advising before a formal complaint is made to an employer and in cases where an appeal has been refused or mediation has failed.