Common Questions about Employment Law

Disclaimer: The below questions and answers are intended for general informational purposes only and are not intended to constitute legal advice, please contact your accredited solicitor.

1. I have a problem at work. What can I do about it?

The first step that you can take is to attempt to resolve the problem by having an informal talk with your manager. If you can't sort the matter out informally, you may wish to:

• Talk to your line manager or an HR staff member, or your union or staff representative
• Keep a record of relevant events: include dates and times, plus a description what happened
• Keep copies of anything relevant, eg letters, memos, emails, notes of meetings
• Make a formal complaint (follow your employer's procedures - if you have a union representative or other adviser, ask them to help you state your grievance clearly)

2. My informal talk has not helped the situation. What can I do now?

The next step would be to raise a formal complaint, or grievance, as it is commonly known.

Grievances are concerns, problems or complaints that you might raise with your employer in relation to work related problems. Employers should also have formal procedures for the submitting and handling of such concerns. Your employer should give a grievance reasonable consideration and deal with it in a fair and consistent manner.

The grievance letter should contain a description of your problems with the way you are being treated. If your case goes to a tribunal, the letter will likely be looked at to see whether you brought any arguments you later rely upon to your employers attention at the time.

Make sure you date the grievance letter and always keep a copy. It may also be advisable to send the letter by registered post, so that you have proof of sending.

3. How does my Employer have to handle my grievance?

There is no longer a prescribed form which the law requires grievance handling to meet. Basic practical guidance is provided in ACAS Code of Practice on Discipline and Grievance. This sets out principles for handling disciplinary and grievance situations in the workplace.

4. What happens if my employer does not follow the ACAS code when dealing with my grievance?

A failure to follow the Code does not, in itself, make a person or organization liable to proceedings. However, employment tribunals will take the Code into account when considering relevant cases. Tribunals will also be able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure by either party to comply with any provision of the Code. It is therefore important that you consult the code. ACAS also publishes a very useful guide on the application of the code. This can be accessed for free from their website.

5. I have been dismissed and I believe that my employer has acted wrongly. What can I do?

If you have over 1 years consecutive service with an employer, you may be entitled to the right not be unfairly dismissed. There are only five 'fair' reasons for a dismissal:

• Conduct
  Your employer can dismiss you if you have breached one of the terms of your contract by your actions. For example, fighting, theft/dishonesty, drug abuse, etc. Your employer must follow a fair procedure when dismissing you on the basis of your conduct.
• Capability/Ability to work (including illness)
  Your employer may be able to fairly dismiss you if you aren't performing to the required standard or that you can't do your job properly, including because you don't have the right qualifications. This includes long-term or persistent illness that makes it impossible for you to do your job
  Your employer should make sure you are given adequate training to do your job. If you're performing is below the standard required, you should usually be warned that your work isn't satisfactory and given the chance to improve before any action is taken.
• Redundancy
  Redundancies take place when there is no longer enough work for an employee at a company. If you are being made redundant then your employer has a number of responsibilities towards you to make sure you are dismissed fairly.
• Retirement
  In order for retirement to be a fair dismissal your employer must give you at least six months' notice of retirement, in addition to following other procedures. If you want to continue working past retirement then your employer must consider your application. Currently, under UK law, you only have the right to request that your employment continue after retirement age. Your employer has a duty to consider the request, but does not have to agree to your request.
• Another substantial reason
  'Another substantial reason' applies to a situation where your employer has an overwhelming reason why you must be dismissed. They would first be expected to look at any alternatives before choosing to dismiss you. Reasons that have previously fallen into this category include:
• Imprisonment
• An irresolvable personality clash between you and a co-worker
• If the business moves to another location, or if it's taken over, and it isn't possible to employ you because of economic, technical or organizational reasons
• Unreasonably refusing to accept a company reorganisation that changes your employment terms

6. None of the above reasons apply to me and I have put in a grievance and appealed the decision to fire me. What can I do now?

If your dismissal falls outside the scope of the above reasons, then it may be that you have been wrongly or unfairly dismissed. You may possibly be entitled to damages or be able to obtain an order from a tribunal requiring your employer to reinstate you to your old job or reemploy you in another role. We recommend you contact a solicitor to discuss whether you may have a case.