Appealing your workplace grievance decision
Appealing a workplace grievance decision
If you have raised a workplace grievance and your employer has reached a decision, find out about making an appeal. There might be other ways to resolve the problem.
Appealing your employer's decision
If you are not satisfied with the decision your employer has reached on your grievance or think the procedure was flawed you should be able to appeal.
You must make your appeal without any unreasonable delay. Your employer should give you enough time to appeal. If they do not, make your appeal anyway, and say that you will provide more information later.
Make an effort to follow your employer's procedures. An Employment Tribunal will consider this when they make their judgment, should you make an Employment Tribunal claim.
Write to your employer to say that you are appealing against their decision and explaining why you don't agree with it. Your employer should arrange a further meeting to discuss your appeal. Where possible, a different and more senior manager should deal with this appeal.
The appeal hearing is similar to the original meeting, and you have a right to a companion, as before. After the appeal meeting, your employer must tell you what they have decided. This is your employer's final decision.
If you are still not happy with your employer's decision, you may want to consider other ways of resolving your grievance.
Further guidance on grievance procedures can be found in 'Discipline and grievances at work. The Acas guide'. This has been prepared by Acas (the Advisory, Conciliation and Arbitration Service) to help employers and employees:
- understand the AcasCode of Practice on disciplinary and grievance procedures
- reflect it in their procedures and behaviour
If this is not appropriate, you could consider making a claim to an Employment Tribunal. You should be aware that Employment Tribunals will take the Acas Code into account when considering grievance cases.
Not following grievance principles
If you or your employer do not follow these principles, an Employment Tribunal will not automatically find either of you liable (legally at fault) for failing to do so.
However, if the Employment Tribunal upholds your claim, the amount you are awarded could be adjusted by up to 25 per cent to reflect any unreasonable failure to follow the Code by either you or your employer.
Protection when raising a grievance
You should not be dismissed or disadvantaged, eg not promoted for raising a genuine grievance about one of your statutory employment rights for example, discrimination.
The law also protects you from losing your job and/or being victimised if you are making a disclosure in the public interest or 'blowing the whistle'.
Northern Ireland has its own dispute resolution procedures, you can find out more about these from the nidirect website.
Where to get help
Acas offers free, confidential and impartial advice on all employment rights issues.
- Acas (Advisory, Conciliation and Arbitration Service)
Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.
If you are a member of a trade union you can get help, advice and support from them.
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