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The three steps

1. Written statement

Until 6 April 2009, you must set out your grievance in writing to your employer (often called a step one letter). In some circumstances, this legal requirement may not apply. You should get advice from your trade union representative or your nearest Citizens Advice Bureau.

Your employer's grievance procedure should say who to send your letter to. If that person is causing the problem, or if they have ignored previous complaints, you should send your complaint to the HR department or the person's boss.

Example of a letter to raise a grievance:

Date ...............

Dear ...............

I am writing to tell you that I wish to raise a grievance. This action is being considered with regard to the following circumstances:

...............

I am entitled to a hearing to discuss this matter. I am entitled, if I wish, to be accompanied by another work colleague or my trade union representative. Please reply within 28 days of the date of this letter.

Yours sincerely

...............

• Grievance, disciplinary and Employment Tribunal procedures from 6 April 2009

2. Meeting

Your grievance should be looked into in a fair and unbiased way. Your employer should invite you to a meeting (sometimes called a hearing) to discuss the problem and you should attend if you can. If someone else is involved, they might also be there but you should tell your employer if you are uncomfortable with this.

The meeting should be at a convenient time for you and anyone else involved. If you think you have not had enough time to prepare, ask for more time. If your employer does not agree (and they don't have to), you should go to the hearing, but make sure that your lack of preparation time is noted.

Gather your thoughts before the meeting. Don't be afraid to write down what you want to say. There is nothing wrong with reading this out at the meeting.

It is up to your employer what format the meeting takes but they will normally go through the issues that have been raised and give you the opportunity to comment. The main purpose of the meeting should be to try to establish the facts and find a way to resolve the problem.

The Advisory, Conciliation and Arbitration Service (Acas) and the Labour Relations Agency (LRA, Northern Ireland) have Codes of Practice which set out how your employer should carry out a grievance procedure.

• Acas Code of Practice on disciplinary and grievance procedures (PDF, 327K) Opens new window
• Northern Ireland Code of Practice on disciplinary and grievance procedures Opens new window
• Help with PDF files

If you ask your employer beforehand, you have a legal right to take one 'companion' (who is a colleague or trade union representative) to the meeting with you. If no colleague is willing to accompany you, and you are not a union member, ask if you can bring a family member or a Citizens Advice Bureau worker. Your employer does not have to agree to this unless your employment contract says otherwise.

The companion can present and/or sum up your case, talk on your behalf and confer with you during the hearing. However, the companion cannot answer questions on your behalf. They're protected from unfair dismissal or other mistreatment for supporting you.

If the date of the meeting is not convenient for your companion, you can ask for a postponement for up to five days if necessary. If your companion cannot make an alternative date within five working days, you should find an alternative person to accompany you or attend the meeting unaccompanied.

• Trade unions

You should be given notes of the meeting, and copies of any information given by other people. Unless they need to investigate further, your employer should tell you reasonably quickly what's been decided, and about your right to appeal if you are not satisfied. You might be told of the outcome verbally at first but it will usually be confirmed in writing.

3. Appeal meeting

If you are not satisfied with the decision, or you think the procedure followed was seriously flawed, you may appeal.

The appeal is usually heard by a higher level of management. If that is not possible, your employer could ask an Acas mediator or other independent person to hear it. Bear in mind, however, that you will need to pay for both Acas and the independent mediator's services, although if both you and your employer agree to mediation, it would usually be the employer who covers the cost. The appeal hearing is similar to the original meeting, and you have a right to a companion, as before.

Your employer should give you enough time to appeal. If they don't, make your appeal anyway, and say that you'll provide more information later. You should make an effort to follow your employer's procedures as the Employment Tribunal will consider this when they make their judgment. The Employment Tribunal can decrease any award made if they think that you did not participate fully.

After the appeal meeting, your employer must tell you what they have decided. This is your employer's final decision. If you can't sort out the dispute, you can get help through mediation, conciliation or arbitration, if your employer agrees to it.

• How to resolve a problem at work
• Mediation, conciliation and arbitration

Grievance procedures if you have already left your job

If you leave a job but still have an outstanding grievance, you can pursue it using a shorter, two-step procedure, known as the modified procedure, if both of the requirements below are met:

• you and your employer agree in writing to use the modified procedure
• you and your employer did not know about the grievance or the procedure as either not started, or was started but not completed before you left the employment

The two steps are:

1. you send a written statement of grievance to your former employer
2. your former employer writes back to you, answering the points you have raised

How soon can you go to an Employment Tribunal if you are still not satisfied?

At present if your grievance could be taken to an Employment Tribunal you must send your written grievance (step one letter) to your employer no later than three months after the date that the problem occurred.

You must then wait 28 days (starting from the date you sent the step one letter) to allow your employer to deal with the matter. Then, if you are not satisfied with your employer's response, you can make your claim to an Employment Tribunal.

• Employment Tribunals: an introduction
• Industrial Tribunals and the Fair Employment Tribunal, Northern Ireland Opens new window
• Grievance, disciplinary and Employment Tribunal procedures from 6 April 2009

Some types of Employment Tribunal claims are not subject to the statutory minimum grievance procedures and have strict time limits. If you are unsure about what to do you can get help from any of the sources listed below.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues.

• Acas (Advisory, Conciliation and Arbitration Service)

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.

• Citizens Advice Bureau

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

• Introduction to trade unions

More useful links

• Acas Code of Practice on disciplinary and grievance procedures (PDF, 327K) Opens new window
• Help with PDF files
• Advice for employers about handling discipline and grievance issues from Business Link Opens new window