Problems At Work What You Need To Know Dealing With Problems ...
Problems at work?
What you need to know.
Dealing with problems at work.
This leaflet provides information for employees
whose workplace is in Great Britain. Different
provisions apply to some agency workers and
most self-employed people. If you are unsure
about whether this leaflet applies to you, please
contact one of the organisations listed on page 3.
This leaflet does not provide legal advice.
This leaflet has been produced by Citizens Advice and
the TUC (Trades Union Congress), with the support of
the Department for Business, Innovation and Skills and
Acas (Advisory, Conciliation and Arbitration Service).
What should
I say to my
employer if I
have a problem
at work?
Can someone
accompany me
to a meeting
to discuss my
problem?
I’ve got a
Web references and
problem at
phone numbers
work – who
can help me?
To find detailed information on what to do, go to
www.direct.gov.uk/resolvingdisputes
To read the Acas Code of Practice and associated
guidance, go to www.acas.org.uk/dgcode2009
To speak to an Acas adviser about employment issues, phone the
Acas helpline on 08457 47 47 47 from 0800 to 2000 on weekdays
or from 0900 to 1300 on Saturdays or visit www.acas.org.uk
If you are a union member, contact your union
representative or see www.worksmart.org.uk
for advice and support on employment issues.
For information and to find your local Citizens Advice
Bureau, see www.adviceguide.org.uk or look in your local
telephone directory if you do not have internet access.
For information on the minimum wage, working hours, or
employment rights that apply if you are paid by an employment
agency or gangmaster, call the Pay and Work Rights Helpline on
0800 917 2368 or visit www.direct.gov.uk/payandworkrights
3
Arrangements for dealing with problems
at work.
Problems with
your employer
Grievances: these are concerns,
will come
problems or complaints that you raise
with your employer. They cover, for
under one of
example, concerns you have about your
the following
job, your terms and conditions, your
categories:
contractual or statutory rights, or the way
you are being treated at work. If your
problem is a grievance, go to page 6.
Disciplinary issues: where your employer has concerns
about your conduct, your absence from work or the way in
which you are doing your job, they are likely to start a
disciplinary procedure which could lead to disciplinary action
(including potentially dismissal in more serious cases). If you
are facing a disciplinary issue at work, go to page 8.
There are a number of organisations that can help
you deal with disciplinary and grievance issues and
you can find their contact details on page 3. You can
get advice from them at any point whilst you sort out
your problem with your employer.
You should always try to resolve grievance and
disciplinary issues in the workplace if at all possible.
It can also sometimes help to use an independent
third party to help you resolve the problem.
If you cannot resolve your problem in the workplace,
you may have a right to make an employment
tribunal claim. You should get advice from one of the
organisations listed on page 3 before doing so.
Remember that in most cases you must make a claim
to an employment tribunal within three months of the
date when the matter you are complaining about
happened. If your claim is received after this time limit,
the tribunal will not usually accept it. If you are worried
about how the time limits apply to you, take advice
from one of the organisations listed on page 3.
Remember: when dealing
with your grievance – it
Raising a grievance
is always a good idea to
keep a note of exactly
– what you need to do*
what happens and when.
1 Talk
Often the best way to raise a
2 Write
grievance with your employer
is to have an informal meeting
You should write
with your immediate manager
to your employer
to explain your concerns. You
with details of your
may find it helpful to suggest to
grievance. Your letter
your employer what you would
should be dated and
like them to do to resolve the
you should keep a
problem. If you don’t feel you
copy. If you have not
can talk to your immediate
done so already, you
manager, you could speak to
may find it helpful to
someone else in the organisation
tell your employer
with a position of authority.
how you would like
If you cannot resolve your
them to resolve
grievance by talking directly to
the problem.
your manager, the next thing
to do is to consider using your
employer’s formal procedures for
grievances. You should be able
*The information for dealing with
to find these in your Company
a grievance set out in this leaflet is
Handbook, HR or Personnel
based on the guidance in the Acas
Code of Practice. It is important that
manual, on your HR intranet
you are aware that employment
site, or in your contract of
tribunals will consider whether a
failure to follow the Acas Code was
employment. These procedures
unreasonable and will be able to
are likely to include steps 2-5:
adjust awards by up to 25 percent
if they feel that either you or your
employer has unreasonably failed
to follow the Acas Code of Practice.
You can access the Acas Code using
the link on page 3.
4 Appeal
If you do not agree with
3 Meet
your employer’s decision,
Your employer should
you should write to your
arrange an initial meeting
employer to say that you
at a reasonable time and
are appealing against the
place to discuss your
employer’s decision and
grievance. You have a
explaining why you do
statutory right to ask
not agree with it. Your
someone to accompany
employer should arrange a
you to the meeting – either
further meeting to discuss
a colleague from work or a
your appeal and where it
trade union representative.
is possible, a different and
Your employer should
more senior manager should
give you the opportunity
deal with this appeal. You
to explain your grievance
have a statutory right to
and any suggestions you
ask someone to accompany
may have for resolving it.
you to the meeting – either
After the meeting, your
a colleague from work or a
employer should write to
trade union representative.
you to tell you what they
After this appeal meeting
have decided.
the employer should write
to you to tell you their
final decision.
5 Explore other options
If you are still not happy with your employer’s decision, you may
want to consider other ways of resolving your grievance. Details
of some of the options available to you are on page 10.
Dealing with disciplinary and
dismissal issues – what you need to do*
1 Talk
The first time you may be aware of a problem with your employer
is when he/she asks to talk to you about a concern they have. It
is often best to keep this conversation informal at first because
sometimes this may be the result of a misunderstanding, and you
may be able to provide evidence (e.g. doctors’ notes) to clarify the
issue. You should, however, keep a note of the conversation and
what was agreed.
Your employer may, however, decide to go directly to formal
disciplinary and dismissal procedures. These procedures are likely
to include steps 2-5:
2 Receive letter
*The information for dealing
with disciplinary and dismissal
If your employer is considering
issues set out in this leaflet
disciplinary action or dismissal,
is based on the guidance in
the Acas Code of Practice. It is
their first step should be to write
important that you are aware
to you setting out the complaint
that employment tribunals
made against you. This should
will consider whether a failure
to follow the Acas Code was
include sufficient information about
unreasonable and will be able
the alleged misconduct or poor
to adjust awards by up to 25
percent if they feel that either
performance so that you have the
you or your employer has
opportunity to prepare a response or
unreasonably failed to follow
an explanation before the meeting.
the Acas Code of Practice. You
can access the Acas Code using
the link on page 3.
Remember: when dealing
with a disciplinary action or
4
dismissal – it is always a good
Appeal
idea to keep a note of exactly
If you do not agree with
what happens and when.
your employer’s decision,
you need to write to your
employer and tell them
that you are appealing
their decision explaining
3 Meet
why you do not agree
Once your employer has
with it. Your employer
contacted you in writing, they
should arrange a further
should also arrange a meeting
meeting to discuss your
at a reasonable time and place
appeal. You have a
to discuss the issue. Your
statutory right to have
employer should not take any
someone to accompany
disciplinary action before this
you to the meeting –
meeting. You have a statutory
either a colleague from
right to ask someone to
work or a trade union
accompany you to the meeting
representative. You
– either a colleague from work
should make sure you
or a trade union representative.
take notes at the appeal
Your employer should give you
meeting. After the
the opportunity to set out your
meeting the employer
case at the meeting. After the
should write to you
meeting, your employer should
to tell you their
tell you what they have decided
final decision.
and should do so in writing.
5 Explore other options
If you are still not happy with your employer’s decision, you
may want to consider other ways of resolving this issue. Details
of some of the options available to you are on page 10 and you
can contact Acas for further advice and information.
Options for resolving grievance
and disciplinary issues
A Mediation*
You or your employer may want to consider mediation as a way
to help resolve the problem. Mediation is completely voluntary
and confidential. It involves an independent, impartial
person helping you and your employer reach a solution that
is acceptable to everyone. Sometimes the mediator may come
from within your organisation, or you and your employer may
want to consider bringing in an external mediator. If mediation
is unsuccessful, all the other options are still open to you so you
have nothing to lose by trying it.
B Early conciliation
If you feel there is no alternative left to you but to make a
claim to an employment tribunal, Acas’ early conciliation
service may be able to help you and your employer find a way
of settling the matter and avoid the need for an employment
tribunal claim. This is a free service available to all employers
and employees for issues that are likely to give rise to an
employment tribunal claim. You should call the Acas helpline
to find out whether this service may be suitable for you.
*Note that external mediation
services are not free. Should
You can call Acas to find out more
you and your employer agree to
information about any of these
use mediation, you will need to
options on 08457 47 47 47.
agree who covers the cost. This
will usually be the employer.
Remember that problems at work do not need to become
employment tribunal cases and that resolving your
problem at work in other ways, when you can, can save
you stress and help maintain good working relations.
C Making an employment tribunal claim
If you have exhausted other options for sorting out your
problem at work and you still do not feel your concerns
have been addressed, you may want to consider making an
employment tribunal claim.
Remember that in most cases you must make a claim to an
employment tribunal within three months of the date when
the matter you are complaining about happened. If your claim
is received after this time limit, the tribunal will not usually
accept it.
You have a right to make a claim to an employment tribunal
regardless of whether you or your employer have followed
any or all of the information set out in the preceding pages
of this leaflet which is based on the guidance in the Acas
Code of Practice. It is important to be aware, however, that
employment tribunals will consider whether a failure to
follow the Acas Code was unreasonable and will be able to
adjust awards by up to 25 percent if they feel that either you
or your employer has unreasonably failed to follow the Acas
Code of Practice, on which this information is based. You can
access the Acas Code using the link on page 3.
Most people find submitting a claim a challenging process
and it is important to understand the key aspects of the law
and procedures that will apply in your tribunal case. You will
probably want to take advice at this stage if you have not
done so already. Even after you submit your claim, Acas will
still be available to help you and your employer find ways to
settle the case before it gets to tribunal.
Printed in the UK on recycled paper containing a minimum of 75% post consumer waste.
Department for Business, Innovation and Skil s. www.bis.gov.uk
First published February 2009. Crown Copyright. BIS/Pub 8913/09/09/NP. URN 09/1226
