Problems at work?

What you need to know.

Dealing with problems at work.
2
1his Ieaet provides information for empIoyees
whose workpIace is in Creat ritain. Different
provisions appIy to some agency workers and
most seIf-empIoyed peopIe. If you are unsure
about whether this Ieaet appIies to you, pIease
contact one of the organisations Iisted on page .
1his Ieaet does not provide IegaI advice.
This leafet 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 shouId
I say to my
empIoyer if I
have a probIem
at work7
Can someone
accompany me
to a meeting
to discuss my
probIem7

Web references and

phone numbers
For information and to fnd your local Citizens Advice
Bureau, see www.adviceguide.org.uk or look in your local
telephone directory if you do not have internet access.
If you are a union member, contact your union
representative or see www.worksmart.org.uk
for advice and support on employment issues.
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
To fnd 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
Ive got a
probIem at
work who
can heIp me7
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
q
Arrangements for dealing with problems
at work.
Grievances: these are concerns,
problems or complaints that you raise
with your employer. They cover, for
example, concerns you have about your
job, your terms and conditions, your
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.
ProbIems with
your empIoyer
wiII come
under one of
the foIIowing
categories:

There are a number of organisations that can help

you deal with disciplinary and grievance issues and
you can fnd 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.
6
Remember: when dealing
with your grievance it
is always a good idea to
keep a note of exactly
what happens and when.
*The information for dealing with
a grievance set out in this leafet is
based on the guidance in the Acas
Code of Practice. It is important that
you are aware 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.
You can access the Acas Code using
the link on page 3.
Often the best way to raise a
grievance with your employer
is to have an informal meeting
with your immediate manager
to explain your concerns. You
may fnd it helpful to suggest to
your employer what you would
like them to do to resolve the
problem. If you dont feel you
can talk to your immediate
manager, you could speak to
someone else in the organisation
with a position of authority.
If you cannot resolve your
grievance by talking directly to
your manager, the next thing
to do is to consider using your
employers formal procedures for
grievances. You should be able
to fnd these in your Company
Handbook, HR or Personnel
manual, on your HR intranet
site, or in your contract of
employment. These procedures
are likely to include steps 2-5:
You should write
to your employer
with details of your
grievance. Your letter
should be dated and
you should keep a
copy. If you have not
done so already, you
may fnd it helpful to
tell your employer
how you would like
them to resolve
the problem.
Raising a grievance
what you need to do
*
1 Talk
2 Write
)
Your employer should
arrange an initial meeting
at a reasonable time and
place to discuss your
grievance. You have a
statutory right to ask
someone to accompany
you to the meeting either
a colleague from work or a
trade union representative.
Your employer should
give you the opportunity
to explain your grievance
and any suggestions you
may have for resolving it.
After the meeting, your
employer should write to
you to tell you what they
have decided.
If you do not agree with
your employers decision,
you should write to your
employer to say that you
are appealing against the
employers decision and
explaining why you do
not agree with it. Your
employer should arrange a
further meeting to discuss
your appeal and where it
is possible, a different and
more senior manager should
deal with this appeal. You
have a statutory right to
ask someone to accompany
you to the meeting either
a colleague from work or a
trade union representative.
After this appeal meeting
the employer should write
to you to tell you their
fnal decision.
If you are still not happy with your employers 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.
3 Meet
4 Appeal
5 Explore other options
8
*The information for dealing
with disciplinary and dismissal
issues set out in this leafet
is based on the guidance in
the Acas Code of Practice. It is
important that you are aware
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. You
can access the Acas Code using
the link on page 3.
The frst 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 frst 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:
If your employer is considering
disciplinary action or dismissal,
their frst step should be to write
to you setting out the complaint
made against you. This should
include suffcient information about
the alleged misconduct or poor
performance so that you have the
opportunity to prepare a response or
an explanation before the meeting.
Dealing with disciplinary and
dismissal issues what you need to do
*
1 Talk
2 Receive letter

Remember: when dealing

with a disciplinary action or
dismissal it is always a good
idea to keep a note of exactly
what happens and when.
Once your employer has
contacted you in writing, they
should also arrange a meeting
at a reasonable time and place
to discuss the issue. Your
employer should not take any
disciplinary action before this
meeting. You have a statutory
right to ask someone to
accompany you to the meeting
either a colleague from work
or a trade union representative.
Your employer should give you
the opportunity to set out your
case at the meeting. After the
meeting, your employer should
tell you what they have decided
and should do so in writing.
If you do not agree with
your employers decision,
you need to write to your
employer and tell them
that you are appealing
their decision explaining
why you do not agree
with it. Your employer
should arrange a further
meeting to discuss your
appeal. You have a
statutory right to have
someone to accompany
you to the meeting
either a colleague from
work or a trade union
representative. You
should make sure you
take notes at the appeal
meeting. After the
meeting the employer
should write to you
to tell you their
fnal decision.
If you are still not happy with your employers 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.
3 Meet
4 Appeal
5 Explore other options
10
Options for resolving grievance
and disciplinary issues
You or your employer may want to consider mediation as a way
to help resolve the problem. Mediation is completely voluntary
and confdential. 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.
A Mediation
*

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 fnd 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 fnd out whether this service may be suitable for you.
B Early conciliation
You can caII Acas to hnd out more
information about any of these
options on 08457 47 47 47.
*Note that external mediation
services are not free. Should
you and your employer agree to
use mediation, you will need to
agree who covers the cost. This
will usually be the employer.
11
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 leafet 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 fnd 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 fnd ways to
settle the case before it gets to tribunal.
C Making an employment tribunal claim
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.
Printed in the UK on recycled paper containing a minimum of 75% post consumer waste.
Department for Business, Innovation and Skills. www.bis.gov.uk
First published February 2009. Crown Copyright. BIS/Pub 8913/ 09/ 09/NP. URN 09/1226