How to deal with a problem at work

Problems at work can be difficult and stressful. With any issue you are facing, you should keep a record of events.

If you are experiencing bullying, harassment, discrimination, or victimisation, it is especially important to keep a diary of what is happening to you, when and how often. This is because it may not be noticed or understood by your colleagues. It is important to collect all the examples you have, note down the things that were said to you and, most importantly, how they made you feel.

Be aware that harassment is a form of bullying which is against the law, if the bulling is on the grounds of one of the following protected characteristics:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Pregnancy and maternity
• Race (including colour, nationality, ethnic and national origin)
• Religion or belief
• Sex

Speaking with your manager or colleagues

A good first step is to speak to a person in your organisation that you trust about the problem. This should ideally be your line manager but could also be someone from human resources (HR), or a trade union representative if you are a member of a union. The TUC has information about finding a union for you. You could also arrange an informal meeting with your manager.

Prepare what you would like to say and think about what you would like your employer to do.

You may wish to bring evidence. For example, if your problem is something like incorrect pay, bring your employment contract and payslips along.

It is important to take note of all the informal steps you have taken, and of what was said at the chats and meetings.

Further guidance is available from the ACAS website.

Writing to your employer

If talking has not helped to resolve the issue, you could then send a letter or email to a more senior manager or the human resources department. If this does not work or you have grounds to think it won’t, you could move to raising a formal complaint.

You may wish to raise a formal complaint or a grievance at work for a number of reasons, as outlined above.

Whilst a grievance can be made at any time during your employment – including in response to what you may believe to be unwarranted or unfair performance or disciplinary proceedings – it is important to understand both the steps you can take and your legal rights as a working individual.

Things to consider before raising a grievance at work

You may be nervous about raising a grievance with your employer at work. It is important to remember employers will be – more often than not – willing to resolve any grievances you may have quickly, without going through a formal procedure.

Timing is crucial when raising a grievance at work. Raising your issue(s) as soon as you can – i.e., before your employer takes further action – will allow greater flexibility in your claim(s), and can more often than not stop further action by your employer.

Advantages of raising a grievance at work

You are giving yourself the opportunity to explain your grievance and any suggestions you may have to resolve the matter.

You will have the opportunity to produce any evidence you may have for your claim, express how you feel and seek a resolution to the matter.

Not raising your grievance – whilst not preventing you from bringing a tribunal claim forward altogether – may mean any damages awarded at a tribunal hearing be reduced by up to 25%.

How to raise a grievance at work

You should check whether your employer has a formal procedure for raising a grievance. If not, you can follow the guidelines outlined in the ACAS Code of Practice.

The grievance should outline, in as much detail as possible:

• why you are raising the grievance;
• the parties involved (for example, the individual your feel responsible for your problem);
• the relevant facts, as accurately as possible (detailing, for example, the length of time you have been under distress).

Disciplinary action is where an employer starts a formal process to consider concerns regarding your work, conduct or absence. This may involve an initial investigation and then will usually mean a formal disciplinary meeting. You should be kept informed throughout any disciplinary process and have the opportunity to state your side of the story. A disciplinary process may result in your dismissal from employment, so it is important to take it seriously.

Your employer should have put their disciplinary procedure in writing and include the following:

1. The disciplinary procedure rules;
2. What performance and behaviour might lead to disciplinary action; and
3. What action they might take and your right to appeal.

If you are subject to disciplinary action and you do not have a copy of your employer’s disciplinary procedure, you should ask for this.

More relevant information on this can be found on the ACAS website.

During a disciplinary or grievance meeting, you have the right to be accompanied by a companion.

An employer is required to accept your choice of companion if they are either:

1. A colleague; or
2. A trade union representative; or
3. An official employed by a trade union.

Apart from these categories, an employer would have the discretion to allow you to be accompanied. More information on the right to be accompanied and the companion’s role can be found on our page about supporting someone with a problem at work.

As an employee, you have the statutory right to appeal a disciplinary and grievance decision you believe to be wrong or unfair.

How to appeal to your employer

The grievance and disciplinary policy of your employer, if it has one, should give greater detail on the appeal process, and the initial steps you can make.

If you can’t find the policy, you should write to your employer. detailing why you believe the outcome was either unfair or wrong, and bring forward any new grounds or evidence which may help a new investigation into your grievance.

Commonly, in the case of a dismissal, an employer will give you a limit of 5 working days from the date of your dismissal to lodge an appeal.

Your employer should invite you to an appeal meeting. You should expect to receive a new date, time and place of the hearing and your right to be accompanied.

What to expect at the appeal hearing

The appeal hearing is your chance to state your new case, and ask your employer to consider a different outcome based on new evidence or your belief a wrong and unfair decision has been reached.

You can expect your employer to ask why you are appealing, and consider whether the original outcome was wholly fair. They will find or look at new evidence that you have brought forward. Usually a written decision will then be made and communicated with you.

ACAS Code of Practice

ACAS produces a detailed Code of Practice containing the guidelines and rules that both you and your employer should follow when handling issues in the workplace. Whilst it is not mandatory but both parties are expected to follow the guidelines.

Being part of a Trade Union

As a member of a trade union, you can get advice from specially trained trade union representatives on your legal employment rights and problems at work.

Together with your rep, you can try to resolve (either informally or formally) your work problem with your line manager and they will accompany you and support you at any grievance or disciplinary meetings you attend.

For more information, please visit https://www.tuc.org.uk/dealing-problems-work

Mediation

Mediation is a popular approach used to try to settle grievances at work, and to solve issues before any legal proceedings take place.

For the employee, there may be multiple benefits. A mediation may lead to a commitment to change behaviours, an agreement to review policies and procedures or an acknowledgement of each other’s views.

Mediation is both voluntary and confidential. It is an attempt to resolve a workplace conflict.

It is usually carried out by an independent, trained and neutral mediator, who works with all parties. It is not a legal process, and the mediator’s role is to help all parties involved.

More information about mediation is available on the ACAS website.

YESS Law offers a free mediation service for people working in London. This is where a qualified mediator, who won’t take sides, can speak to you and your employer and help you find a solution. Email [email protected] for more information and to apply.

Bringing a claim in the Employment Tribunal

If you have tried to resolve your problem at work informally and are not happy with the outcome or the way things were handled, you may consider bringing a claim to an Employment Tribunal.

As a first step, you will need to engage in early conciliation first through ACAS. More information is available on the ACAS website.

Emotional support

Struggling with a problem at work can take its toll on your mental health. You can find tools and resources to help your mental health and wellbeing on Thrive LDN.

Specialist Advice

We’ve compiled a list of advice centres in London to help you find out where to get help.

The following services can also provide general advice on employment rights:

• Law Centres (national) – find out if you have a local free legal advice centre
• Citizens Advice – find your nearest Citizens Advice
• ACAS (the Advisory, Conciliation and Arbitration Service)

The following services can also offer free employment law advice:

• Work Rights Centre (which can provide advice in various European languages, including Bulgarian, Italian, Polish, Romanian, Russian and Spanish)
• Nucleus Legal Advice Centre (the initial call is free, charges may apply to subsequent services)
• ELTAL (BPP University’s Employment Law Telephone Advice Line. This service is not limited to London postcodes)

Visit our Employment Rights Hub for more information. We've created a map of advice centres in London to help you find out where you can visit someone to get help. We've also provided their details in a list. Lots of them also give advice over the telephone or via email.