Plucking your chances of winning a grievance out of thin air can feel unnerving. It’s only natural that your head is swimming with questions like:
- Is it worth raising a grievance at work?
- Will it be taken seriously?
- How long should it take to deal with a grievance?
- Will anything actually change?
Here's some honest insight from someone who represents both employers and employees across the workplace grievance procedure.
What Are the Chances of Winning a Grievance?
A grievance is investigated by your employer, not an independent judge. So, don't expect an easy win to fall into your lap if your complaint could expose the business to serious legal risk.
For this reason, the workplace grievance procedure demands the following measures to optimise your chances of winning a grievance:
- Gathering a paper trail
- Protecting your legal position
- Giving yourself leverage for ACAS early conciliation, settlement agreement negotiations or an employment tribunal claim further down the line
In terms of your specific chances of winning a grievance, everything is subjective and nothing is guaranteed.
What Has an Impact?
Focus on the following types of grievance investigation evidence to ensure you’re taken seriously:
- Evidence over emotion - Emails, dates, screenshots and written policy breaches outweigh a "they were horrible to me" narrative, however true it feels.
- Policy over principle - Anchor your complaint to a specific breach. Vague unfairness accusations rarely get traction, whereas a named breach has more clout.
- Backup from others - A colleague willing to corroborate your account adds weight to an investigation in situations of one word against another.
There’s a lot going on here. This might lead you to question if your unquantified chances of winning a grievance are worth the hassle and stress at all.
So, is it Worth Raising a Grievance at Work?
Outcomes vary massively. Grievances can lead to genuine culture change and a manager stealthily moved on.
On the other hand, grievances can stall or leave the relationship more strained than before.
Consistent, calm, factual record-keeping from the onset is typically what separates a grievance vs a complaint.
This is because a passing complaint is informal and often resolved over a coffee. Whereas a grievance is a formal, documented process with meetings, investigations and a right of appeal due to allegations of something serious such as:
- Discrimination
- Harassment
- Contract breach
- Fundamental failure of fair treatment
How Long Should It Take to Deal with a Grievance?
Time-wise, expect:
- Acknowledgement within two to five working days
- A grievance meeting within roughly five working days
- A decision within two – four weeks
- An extra one to two weeks if you’re appealing a grievance outcome
Keep an eye on the clock though. The three-month-minus-one-day deadline still applies if there's any chance you'll need to go to an employment tribunal, regardless of where your internal grievance is up to.
Appealing a Grievance Outcome if it Doesn't Go Your Way
You still have options if the initial decision doesn’t go in your favour:
- Appeal to a more senior, more impartial decision-maker. The Royal College of Nursing’s Grievance guidance advises: “The appeal should be heard without 'unreasonable' delay and, where possible, by a manager who was not involved in the original grievance hearing. If this is not possible, the manager hearing the appeal needs to remain objective and impartial.”
- Negotiate an exit via settlement agreement negotiations handled by an employment lawyer - often a practical outcome when trust has broken down
- Escalate to a tribunal, particularly in cases of alleged discrimination or constructive dismissal, and also where an employer's failure to follow ACAS guidance can push compensation higher
Better Odds Start with Expert Advice
Are you an employee worrying about your chances of winning a grievance? Or an employer trying to handle workplace grievance procedure fairly and lawfully?
In both cases, getting early advice can change the outcome.
Get in touch with us at Taurus HR & Employment Law. We understand and are used to the complexities of sifting through grievance investigation evidence. As your outsourced HR partner or employment lawyer, we’re always happy to help you find clarity and resolution.
Need help with a workplace grievance?