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Employees

How to resolve a problem at work

If you have a problem at work, there are a number of different ways, both formal and informal, that you can sort things out.

What's the problem?

First, work out what the problem is. Don't assume your employer is behaving unreasonably - the problem may be a simple mistake or misunderstanding and easily put right.

For example, if you haven't been paid, check with your bank and/or with the payroll team to see if they've been experiencing technical problems. If your holiday request is refused, consider whether you gave enough notice or whether your colleagues are treated differently.

Try to sort it out informally

If you decide there's a real problem, talk it through first with your line manager, personnel department, colleagues or trade union to see if it can be sorted out informally. It's a good idea to keep notes, in case you need to establish what was discussed later on.

The Acas helpline (08457 47 47 47 - 8.00 am to 6.00 pm, Monday to Friday) can give you help and advice. In Northern Ireland you can contact the Labour Relations Agency (LRA) on 028 9032 1442 from 8.00 am to 5.00 pm, Monday to Friday. They'll be able to tell you about technical issues (for example, time limits for complaining). You can also:

  • get free advice from your local Citizens Advice Bureau or Law Centre
  • speak to a lawyer (bearing in mind they generally cost money, and it may not be necessary at this early stage)

Making a formal grievance complaint

If the informal way doesn't work, the next step will probably be to make a formal complaint under the grievance procedure (unless, for example, you've been dismissed). You should follow certain statutory minimum steps, along with any others your employer might have set out in their own grievance procedure. If you haven't got a copy of your employer's procedure, ask for one.

Although you might end up claiming to an Employment Tribunal (or Tribunal in Northern Ireland), you must (almost always) have followed the statutory grievance procedure first. Unless you've been dismissed an Employment Tribunal normally won't accept your case if you haven't raised a grievance first.

The statutory process has three stages.

Written complaint

This should clearly explain the problem.

Hearing and decision

Once your employer has investigated the problem, they'll invite you and, if you wish, a companion, to a meeting to discuss it and make a decision - probably after the meeting.

Appeal

If you're unhappy with the decision, you can appeal. The appeal hearing is usually led by a more senior manager than the one who dealt with the original grievance. Normally there will be no further right to appeal under your employer's grievance procedures but you can of course still take your claim to an Employment Tribunal.

What to do if you can't solve the problem through the grievance procedure

If the grievance procedure doesn't work, you must then decide if you want to take it further. Before you do, it's important to understand your rights and what your employer must do. Is your employer breaking the law, or are they just being tough and unsympathetic?

Read the articles on this site that most closely match your problem. It may help to get a statement of the main employment rights that apply to you. For example, if your employer is trying to change your shift pattern against your will, read the article on changes to working conditions. If you feel you're being intimidated or harassed by a colleague, read the articles on bullying and discrimination to find out where you stand.

Next, think about the result you want - make sure that it is realistic and achievable.

Alternative ways of sorting out problems

Before complaining to an Employment Tribunal, you could try an alternative way to sort out your problem, for example:

  • mediation or conciliation, where an impartial expert talks to both sides and helps you come up with a solution. Your employer will need to agree to this.
  • arbitration, where an impartial third party makes a decision between the two sides.

You don't have to try these options, but it may be easier and cheaper if you do.

Employment Tribunals and civil courts

If you’ve tried an alternative way of sorting out the problem and it hasn’t worked, you may be able to complain to an Employment Tribunal. Find out whether your problem can be dealt with by a tribunal, then decide whether it is worth the trouble and possibly cost of doing so.

An Employment Tribunal is like an informal court that deals with employment rights disputes. (County Courts also deal with some employment-related issues, like breach of contract.) Remember: you should always get advice before taking legal action.

A tribunal can only decide cases relating to specific rights, so be sure that you know what you're claiming. For example, if you're complaining about not being paid, it's called 'unlawful deductions from wages'. If your employer treats you less well because you're disabled, it's 'disability discrimination'. If your employer has treated you so badly that you've been forced to leave, this is called 'constructive dismissal'

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

If you are a member of a trade union, you can get help, advice and support from them.

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