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Problems at work?

What you need to know.Dealing with problems at work.

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This leaet provides inormation or employees

whose workplace is in Great Britain. Dierent

provisions apply to some agency workers and

most sel-employed people. I you are unsure

about whether this leaet applies to you, please

contact one o the organisations listed on page 3.

This leaet does not provide legal advice.

This leaet has been produced by Citizens Advice and

the TUC (Trades Union Congress), with the support othe Department or Business, Innovation and Skills and

Acas (Advisory, Conciliation and Arbitration Service).

What shouldI say to my

employer i I

have a problem

at work?Can someone

accompany me

to a meetingto discuss my

problem?

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3

Web reerences andphone numbers

For inormation and to fnd your local Citizens Advice

Bureau, see www.adviceguide.org.uk or look in your local

telephone directory i you do not have internet access.

I you are a union member, contact your union

representative or see www.worksmart.org.uk

or advice and support on employment issues.

To speak to an Acas adviser about employment issues, phone the

Acas helpline on 08457 47 47 47 rom 0800 to 2000 on weekdays

or rom 0900 to 1300 on Saturdays or visit www.acas.org.uk

To fnd detailed inormation on what to do, go to

www.direct.gov.uk/resolvingdisputes

To read the Acas Code o Practice and associatedguidance, go to www.acas.org.uk/dgcode2009

Ive got a

problem at

work who

can help me?

For inormation on the minimum wage, working hours, or

employment rights that apply i you are paid by an employmentagency or gangmaster, call the Pay and Work Rights Helpline on

0800 917 2368 or visit www.direct.gov.uk/payandworkrights

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Arrangements or dealing with problems

at work.

Grievances: these are concerns,problems or complaints that you raisewith your employer. They cover, orexample, concerns you have about yourjob, your terms and conditions, yourcontractual or statutory rights, or the way

you are being treated at work. I yourproblem is a grievance, go to page 6.

Disciplinary issues:where your employer has concernsabout your conduct, your absence rom work or the way in

which you are doing your job, they are likely to start adisciplinary procedure which could lead to disciplinary action(including potentially dismissal in more serious cases). I youare acing a disciplinary issue at work, go to page 8.

Problems withyour employerwill comeunder one othe ollowingcategories:

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There are a number o organisations that can help

you deal with disciplinary and grievance issues and

you can fnd their contact details on page 3. You canget advice rom 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 i at all possible.

It can also sometimes help to use an independent

third party to help you resolve the problem.

I you cannot resolve your problem in the workplace,

you may have a right to make an employment

tribunal claim. You should get advice rom one o the

organisations listed on page 3 beore doing so.

Remember that in most cases you must make a claim

to an employment tribunal within three months o the

date when the matter you are complaining about

happened. I your claim is received ater this time limit,

the tribunal will not usually accept it. I you are worried

about how the time limits apply to you, take advice

rom one o the organisations listed on page 3.

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Remember: when dealing

with your grievance it

is always a good idea to

keep a note o exactly

what happens and when.

*The inormation or dealing witha grievance set out in this leaet isbased on the guidance in the AcasCode o Practice. It is important thatyou are aware that employmenttribunals will consider whether aailure to ollow the Acas Code wasunreasonable and will be able to

adjust awards by up to 25 percenti they eel that either you or youremployer has unreasonably ailedto ollow the Acas Code o Practice.You can access the Acas Code usingthe link on page 3.

Oten the best way to raise agrievance with your employer

is to have an inormal meetingwith your immediate managerto explain your concerns. Youmay fnd it helpul to suggest toyour employer what you wouldlike them to do to resolve theproblem. I you dont eel youcan talk to your immediate

manager, you could speak tosomeone else in the organisationwith a position o authority.

I you cannot resolve yourgrievance by talking directly toyour manager, the next thingto do is to consider using your

employers ormal procedures orgrievances. You should be ableto fnd these in your CompanyHandbook, HR or Personnelmanual, on your HR intranetsite, or in your contract oemployment. These procedures

are likely to include steps 2-5:

You should writeto your employerwith details o yourgrievance. Your lettershould be dated andyou should keep acopy. I you have notdone so already, you

may fnd it helpul totell your employerhow you would likethem to resolvethe problem.

Raising a grievance what you need to do*

1 Talk

2 Write

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Your employer shouldarrange an initial meetingat a reasonable time andplace to discuss yourgrievance. You have astatutory right to asksomeone to accompany

you to the meeting eithera colleague rom work or atrade union representative.Your employer shouldgive you the opportunityto explain your grievanceand any suggestions you

may have or resolving it.Ater the meeting, youremployer should write toyou to tell you what theyhave decided.

I you do not agree withyour employers decision,you should write to youremployer to say that youare appealing against theemployers decision andexplaining why you donot agree with it. Youremployer should arrange a

urther meeting to discussyour appeal and where itis possible, a dierent andmore senior manager shoulddeal with this appeal. Youhave a statutory right toask someone to accompany

you to the meeting eithera colleague rom work or atrade union representative.Ater this appeal meetingthe employer should writeto you to tell you theirfnal decision.

I you are still not happy with your employers decision, you maywant to consider other ways o resolving your grievance. Details

o some o the options available to you are on page 10.

3 Meet

4 Appeal

5 Explore other options

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*The inormation or dealingwith disciplinary and dismissal

issues set out in this leaetis based on the guidance inthe Acas Code o Practice. It isimportant that you are awarethat employment tribunalswill consider whether a ailureto ollow the Acas Code wasunreasonable and will be ableto adjust awards by up to 25percent i they eel that eitheryou or your employer hasunreasonably ailed to ollowthe Acas Code o Practice. Youcan access the Acas Code usingthe link on page 3.

The frst time you may be aware o a problem with your employeris when he/she asks to talk to you about a concern they have. It

is oten best to keep this conversation inormal at frst becausesometimes this may be the result o a misunderstanding, and youmay be able to provide evidence (e.g. doctors notes) to clariy theissue. You should, however, keep a note o the conversation andwhat was agreed.

Your employer may, however, decide to go directly to ormaldisciplinary and dismissal procedures. These procedures are likely

to include steps 2-5:

I your employer is consideringdisciplinary action or dismissal,their frst step should be to writeto you setting out the complaintmade against you. This shouldinclude sufcient inormation aboutthe alleged misconduct or poorperormance so that you have the

opportunity to prepare a response oran explanation beore the meeting.

Dealing with disciplinary anddismissal issues what you need to do*

1 Talk

2 Receive letter

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Remember: when dealing

with a disciplinary action or

dismissal it is always a good

idea to keep a note o exactly

what happens and when.

Once your employer hascontacted you in writing, they

should also arrange a meetingat a reasonable time and placeto discuss the issue. Youremployer should not take anydisciplinary action beore thismeeting. You have a statutoryright to ask someone toaccompany you to the meeting

either a colleague rom workor a trade union representative.Your employer should give youthe opportunity to set out yourcase at the meeting. Ater themeeting, your employer shouldtell you what they have decided

and should do so in writing.

I you do not agree withyour employers decision,

you need to write to youremployer and tell themthat you are appealingtheir decision explainingwhy you do not agreewith it. Your employershould arrange a urther

meeting to discuss yourappeal. You have astatutory right to havesomeone to accompanyyou to the meeting either a colleague romwork or a trade unionrepresentative. You

should make sure youtake notes at the appealmeeting. Ater themeeting the employershould write to youto tell you theirfnal decision.

I you are still not happy with your employers decision, you

may want to consider other ways o resolving this issue. Detailso some o the options available to you are on page 10 and youcan contact Acas or urther advice and inormation.

3 Meet

4 Appeal

5 Explore other options

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Options or resolving grievanceand disciplinary issues

You or your employer may want to consider mediation as a wayto help resolve the problem. Mediation is completely voluntary

and confdential. It involves an independent, impartialperson helping you and your employer reach a solution thatis acceptable to everyone. Sometimes the mediator may comerom within your organisation, or you and your employer maywant to consider bringing in an external mediator. I mediationis unsuccessul, all the other options are still open to you so youhave nothing to lose by trying it.

A Mediation*

I you eel there is no alternative let to you but to make aclaim to an employment tribunal, Acas early conciliationservice may be able to help you and your employer fnd a way

o settling the matter and avoid the need or an employmenttribunal claim. This is a ree service available to all employersand employees or issues that are likely to give rise to anemployment tribunal claim. You should call the Acas helplineto fnd out whether this service may be suitable or you.

B Early conciliation

You can call Acas to fnd out more

inormation about any o these

options on08457 47 47 47.

*Note that external mediationservices are not ree. Shouldyou and your employer agree touse mediation, you will need toagree who covers the cost. Thiswill usually be the employer.

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I you have exhausted other options or sorting out yourproblem at work and you still do not eel your concernshave been addressed, you may want to consider making an

employment tribunal claim.

Remember that in most cases you must make a claim to anemployment tribunal within three months o the date whenthe matter you are complaining about happened. I your claimis received ater this time limit, the tribunal will not usuallyaccept it.

You have a right to make a claim to an employment tribunalregardless o whether you or your employer have ollowedany or all o the inormation set out in the preceding pageso this leaet which is based on the guidance in the AcasCode o Practice. It is important to be aware, however, thatemployment tribunals will consider whether a ailure toollow the Acas Code was unreasonable and will be able toadjust awards by up to 25 percent i they eel that either you

or your employer has unreasonably ailed to ollow the AcasCode o Practice, on which this inormation is based. You canaccess the Acas Code using the link on page 3.

Most people fnd submitting a claim a challenging processand it is important to understand the key aspects o the lawand procedures that will apply in your tribunal case. You willprobably want to take advice at this stage i you have not

done so already. Even ater you submit your claim, Acas willstill be available to help you and your employer fnd ways tosettle the case beore 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.

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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