Grievance issues
Our team of experienced employment lawyers works on behalf of employees in Scotland regarding any and all grievance issues.
From the procedures your employer should follow to what counts as a grievance, our employment law experts have the knowledge and expertise to help you tackle grievance issues at work. We use this expertise to guide employees through grievance procedures and achieve a fair and legal result.
What are common workplace grievances?
Common employee grievances in Scotland include:
- Bullying
- Excessive workload
- Unfair performance evaluations
- Unfair or inconsistent treatment
- Failure to pay wages or holiday pay.
You might also raise a grievance because of sexual harassment, or discrimination based on sex, race, disability, sexual orientation, gender reassignment, pregnancy and maternity, and age.
How to handle a grievance at work
If you have a problem at work, you should raise it informally before taking formal measures. Your employer should respond to any informal problem you raise.
You can raise a formal grievance if the informal approach doesn’t work, you don’t want it dealt with informally, or if the issue is serious such as sexual harassment or whistleblowing.
Any formal grievance should be raised in writing.
What your employer should do in case of a grievance
Your employer should treat your grievance fairly and have a procedure that line managers understand. As an employee, you should have the opportunity to resolve grievances informally with line managers first, so they can be dealt with quickly.
If it can’t be resolved with managers, employers should follow a fair procedure that complies with the ACAS Code when dealing with formal grievances. Procedures should be in writing and easy to find, and timescales ought to be provided for resolving the issue.
Every employer grievance procedure, regardless of size, should include the following:
- A fair and consistent approach to dealing with grievances.
- A thorough investigation to get as much information as possible.
- Employees should be allowed to be accompanied by a trade union representative or colleague at the grievance hearing.
- Relevant witnesses should be interviewed by the employer
- Decisions ought to be made timeously, relational to the complexity of the issue.
- Employees ought to be given an opportunity to appeal against the outcome.
As an employee, you should raise your grievance as soon as possible and carry out any actions requested by your employer quickly.
How employers should handle multiple grievances at work
If there are two or more related grievances in a workplace, your employers should follow a formal procedure for each of them and keep all information confidential. They should also consider what each employee wants and explain how grievances are being handled.
There’s some flexibility in this situation and all the grievances may be covered by one meeting if the employees agree. However, each employee has the right to their own grievance meeting without other employees who are part of the grievance.
Collective grievances
In circumstances where a trade union is recognised and a particular issue affects multiple union members, the trade union can raise a collective grievance on behalf of its members.
Mediation and grievances at work
Mediation can be used at any stage of a grievance, but it should be agreed by the employer and employee first.
The mediation process involves an impartial person working with both parties to find a suitable solution. This person may be from inside or outside the business, with outside mediators often requiring payment for their services.
How we can help
At Allan McDougall Solicitors, we have years of experience helping employees with grievances in Scottish workplaces. Our staff are friendly and knowledgeable, and we can help you achieve a fair outcome from any grievance you decide to raise.
Get in touch with Allan McDougall Solicitors
If you have a grievance at work, don’t hesitate to get in touch with our team.
Contact us
- Email us
- Call free on 0808 560 0872
- Arrange a callback by using our enquiry form
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