Grievance Letter Example

Employee Grievance Letter Example

Employee Grievance Letter: Before your lodge your grievance letter to enter the grievance procedure, give yourself a quick lesson in employment law to know your employment rights. Spending an hour or so reading through the pages of www.formalgrievance.com will help you to accomplish this. In turn, this will provide you with a fighting chance against both your employer, and their solicitors.

Employees' who lodge a grievance letter will very likely end up referring to the employment tribunal in order to obtain effective remedy and redress to their grievances. This is due to the fact that an employer will not admit any liability, which would make it liable to pay you compensation!

As of April 6th 2014, prior to lodging a claim in the Employment Tribunal you first have to contact ACAS pursuant to s.7 of The Enterprise and Regulatory Reform Act 2013 to engage in pre-claim conciliation. This puts even greater emphasis on the letter of grievance, which you write to your employer to invoke the grievance procedure. This is where I can assisst you in writing a strong letter of grievance, with the breaches of Statutes; Acts; Regulations and the relevant Law (see my testimonials page).

The Employment Tribunal places the burden of proof on the employee (claimant) to establish their employer's liability under s.136 of the Equality Act 2010. Your employer knows this, that is why it will deny knowledge of harassment and/or discrimination.

The employee grievance letter needs to accomplish two things:

First: The employee grievance letter needs to bring to your employer's attention its omissions and or breaches of statutory duties under UK employment laws. Furthermore, where possible, which Statutory Acts or Regulations your employer may have contravened. This provides your employer an opportunity to put things right. These Employment Acts and Regulations are already encompassed within the Grievance Letter Template Aid which can be purchased for only £12.

Second: The employee grievance letter you write to your employer ought to outline a short chronology to highlight the facts germane to your grievances, viz: the what, the who, the where, and the when.  If you need some help drafting a grievance letter, then click here

Grievance Letter Template

In the grievance letter example below, I am establishing facts whereby a combination of factors are the causation for the hypothetical employee's illness, viz: workplace stress caused by excessive workload and workplace harassment which triggered an employee's disability (usually panic attacks and depression).

The employee grievance letter example below places the [burden] on the employer to "remedy the breach". As an employee you want to keep your statements short to your employer - preferably in bullet points with sub-headings.

In invoking the grievance procedure and grievance process you want to write as much as you need in order to establish the [facts] of your case. This requires the employee to put their grievances in some order of semblancey within the grievance letter, whereas a reasonable person of a reasonable mind could articulate what your grievances are germane to.

At the end of this grievance letter example, I have included a breakdown of each paragraph in relation to the hypothetical employer's failures (breaches of duty).

You can purchase a grievance letter template which is pre written by Sam Stone. All you have to do is fill in the blanks where indicated. This grievance letter template includes employment law and legal terminology germane to all of the following grievances (i) work related stress (ii) bullying and harassment (iii) discrimination including disability, sex, race, religion etc,.

Free Grievance Letter Example

[anything in parenthesis is legal terminology].

Dear Sir/Madam,

I am lodging a grievance letter to invoke the grievance procedure, due to a 'reasonable belief' that (organisations name) has breached its 'statutory duties' germane to 'health and safety' within the working environment.

In so doing, I am asking (organisations name) to observe the implied term of 'mutual trust and confidence', and 'not act in a manner which would likely destroy, or further seriously damage that trust and confidence'. I trust therefore, that (organisations name) will observe the 'good faith performance', and take 'reasonable and practicable steps' to remedy the following breaches with immediate effect.

I contend (organisations name) has 'failed to provide' my person with a 'safe place and safe system of work'. This may amount to a contravention of its statutory duties under the Health and Safety at Work Act 1974, The Management Of Health And Safety At Work Regulations 1999, The Employment Rights Act 1996, and the Equality Act 2010. These omissions are outlined in the following paragraphs. 

1. Breach of Duty of Care - Equality Act 2010 - Disability Discrimination

I have consulted my doctor and discussed with him the fact, that the combination of excessive workload and workplace harassment have exacerbated my asthma, triggering my having asthma attacks. This has meant that I have had to medicate more frequently. 'As a consequence of such', the excessive use of my inhalers is having a 'detrimental impact' upon my health, inducing both rapid heart beat and heart palpitations. The 'cumulative effects' of the aforementioned have 'adversely affected' my 'abilities and capabilities' to undertake my 'day-to-day activities'. This impedes both my 'mobility and concentration' within the working environment. I am asking that (organisations name) make 'reasonable adjustments' to accommodate my disability, and acts with 'due diligence' to remedy the situation.

2. Breach of Duty of Care - Equality Act 2010 - Harassment

I feel I have needlessly been subjected to a 'systematic campaign' of harassment, due to (organisations names) omissions to take 'reasonable and practicable steps' and or implement any 'preventative or protective measures' to ensure a working environment free from harassment. I wish to bring to the 'directorships attention their fiduciary duties', with express particular the fact that it is the directorship who are legally responsible to champion, promote, communicate, and implement (organisations names) policies and procedures down the chain of command to their 'ordinary employees'. Notwithstanding, neither myself nor my work colleagues have been involved in any workplace training (or stress audits) germane to health and safety within the preceding ?twelve? months. Such an omission speaks volumes in itself. Perchance, I would not now find myself in this position, had (organisations name) been proactive in conveying it policies and procedures germane to harassment and equalities.

Furthermore, this omission has created an 'oppressive and intimidating' working environment for my person. I can no longer ignore the 'palpable risk of harm' Mr. Shart's 'unwanted conduct' has had upon my 'mental and physical health', both of which are 'prejudicial'. I personally find Mr. Shart's 'unwanted conduct' abhorrent; it is undignified, embarrassing and degrading. I am having sleepless nights and night sweats whilst wondering what the next day might bring. This has unnecessarily caused anxiety, nervousness and distress. Due to a lack of sleep, I often go about my duties in a state of autonomy or zombiefied state; this is hardly conducive to a 'safe working environment'.

3. Breach of Duty of Care - Employment Rights Act 1996 - Workplace Danger

It is my contention that Mr Shart's 'unpredictable behaviour' poses a palpable 'danger' to both myself (and others) within the working environment. As such, a 'foreseeable risk of harm' exists to both my mental and physical health. Therefore, I am asking (organisations name) to observe the Statutory Code of Practice on Employment 2010, and suspend Mr Shart due to the aforementioned reasons. Notwithstanding, I contend that a failure to do so may make (organisations name) 'vicariously liable' for any subsequent 'omission to act' to prevent further detriments from being inflicted upon my person. For the record, I can no longer work with Mr Shart. This is due to the very fact, that his 'unwanted conduct' has a 'detrimental effect' on my health'. As such, I ask that you consider the 'magnitude of the risk of harm occurring, and the gravity of the harm which may occur' should management 'refuse this request'.

It is my hope that in invoking the grievance procedure, I will not be made a workplace pariah, and or subjected to any 'detriment' or 'detrimental treatment' which would amount to a contravention of the aforementioned Acts or Regulations. I trust my career can continue to flourish under more positive circumstances, and look forward to pursuing my career with (organisations name).

Yours faithfully,

 


 

The Law Respective To The Wording Within This Letter of Grievance

Introduction:

Dear Sir/Madam,

I am lodging a grievance letter to invoke the grievance procedure, due to 'my belief' that (organisations name) has breached its 'statutory duties' germane to 'health and safety' within the working environment.

In so doing, I am asking (organisations name) to observe the implied term of 'mutual trust and confidence', and 'not act in a manner which would likely destroy, or seriously damage' that trust and confidence'. I trust therefore, that (organisations name) will observe the 'good faith performance', and take 'reasonable and practicable steps' to remedy the following breaches with immediate effect.

I contend (organisations name) has 'failed to provide' my person with a 'safe place or system of work'. This may amount to a contravention of its statutory duties under the Health and Safety at Work Act 1974, The Management Of Health And Safety At Work Regulations 1999, The Employment Rights Act 1996, and the Equality Act 2010. These omissions are outlined in the following paragraphs. 

You are putting your employer on notice that it may potentially have:

1. breached your contract of employment, by its failure to observe the organisations own contractually binding policies,
2. failed to observe the organisations "statutory duties" to provide you with a "safe place or system of work",
3. failed to observe the "mutual trust and confidence" (breach of "duty of care")
4. Placed on notice you expect your employer to act in "good faith" and observe the "good faith performance",
5. Placed on notice you expect your employer to take "reasonable and practicable steps" to ensure your "health and safety at work"
.

First Paragraph:

You have 'identified' to your employer that a "foreseeable risk of harm" exists to your "health". It is incumbent upon your employer to make "reasonable adjustments" and take "reasonable and practicable steps" to "protect" your "health" from any potential "risk of harm".

1. Breach of Duty of Care - Equality Act 2010 - Disability Discrimination

I have consulted my doctor and discussed with him the fact, that the combination of excessive workload and workplace harassment have exacerbated my asthma, triggering my having asthma attacks. This has meant that I have had to medicate more frequently. 'As a consequence of such', the excessive use of my inhalers is having a 'detrimental impact' upon my health, inducing both rapid heart beat and heart palpitations. The 'cumulative effects' of the aforementioned have 'adversely affected' my 'abilities and capabilities' to undertake my 'day-to-day activities'. This impedes both my 'mobility and concentration' within the working environment. I am asking that (organisations name) make 'reasonable adjustments' to accommodate my disability, and acts with 'due diligence' to remedy the situation.

You have established the following facts:

1. You have consulted your doctor, and placed information on your medical records - "medical evidence" of "impending harm to health"
2. you have a lawfully recognised impairment (disability) - "foreseeable risk of harm" to "health"
3. you employer is legally obligated to make  - "reasonable adjustments" for your person
4. you have identified the "triggers" for your disability - "causation" - 'excessive workload" and "harassment'
5. the "triggers" for your "disability" have led to you taking medication more frequently - "detrimental impact" - "risk of harm"
6. you are having asthma attacks more often - "gravity of harm"

7. habitual abuse of your inhalers is having a "detrimental impact" upon your health - "prejudicial to health"
8. this impedes your 'day to day activities' - "mobility/concentration" within the "working environment" - potential "risk of harm" and or "danger"
9. your "abilities and capabilities" to undertake and perform your job role are being impeded. See the page on "Workplace Stress"  
10. you are placing the onus on your employer to act with "due diligence".

Second Paragraph:

State how being harassed has made you 'feel'. This is very, very important. I cannot understate this point.

2. Breach of Duty of Care - Equality Act 2010 - Harassment

I feel I have needlessly been subjected to a 'systematic campaign' of harassment, due to (organisations names) omission/s to undertake any 'preventative or protective measures' to ensure a working environment free from harassment. I wish to bring to the 'directorships attention their fiduciary duties', with express particular the fact, that it is the directorship who are legally responsible to champion, promote, communicate, and implement (organisations names) policies and procedures down the chain of command to their 'ordinary employees'. Notwithstanding, neither myself nor my work colleagues have been involved in any workplace training (or stress audits) germane to health and safety within the preceding ?twelve? months. Such an omission speaks volumes in itself. Perchance, I would not now find myself in this position, had (organisations name) been proactive in conveying it policies and procedures germane to harassment and equalities.

Furthermore, this omission has created an 'oppressive and intimidating' working environment for my person. I can no longer ignore the 'palpable risk of harm' Mr. Shart's 'unwanted conduct' has had upon my 'mental and physical health', both of which are 'materially injurious'. I personally find Mr. Shart's 'unwanted conduct' abhorrent; it is undignified, embarrassing and degrading. I am having sleepless nights and night sweats whilst wondering what the next day might bring. This has unnecessarily caused anxiety, nervousness and distress. Due to a lack of sleep, I often go about my duties in a state of autonomy or 'zombiefied state'; this is hardly conducive to a safe working environment.

1. your employer has failed to communicate its policies,
2. the directorship have failed to observe their "fiduciary duties"

3. failed to observe Regulation 13(2) of The Management of Health and Safety at Work Regulations 1999 (MHSAWR 1999)-
"Every employer shall
'ensure' that his employees are provided with adequate health and safety training"
4. failed to observe Section 2(1) & (2c) of the Health and Safety at Work Act 1974 (HSAWA 1974) -
"It shall be the
duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees; including the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees."
5
. you have established that Mr. Shart's "unwanted conduct" is having a "detrimental impact" upon both your "mental and physical health",
6. you have used all the 'buzz words' which legally define "harassment" under the Equality Act 2010
7. you have made clear how the harassment has made you "feel" viz:
"undignified, embarrassing and degrading".

*Beadles Group Ltd -v- Angelica Graham: The employer had no written policy on either sex harassment or equal opportunities, and had failed to provide 'training or advice' to 'ordinary employees' about sexual harassment, or warn them against it. Ms Graham was awarded £180,000 having worked for just one week as a trainee sales person. (see case law)

Third Paragraph:

3. Breach of Duty of Care - Employment Rights Act 1996 - Danger

It is my contention that Mr Shart's 'unpredictable behaviour' poses a palpable 'danger' to both myself (and others) within the working environment. As such, a 'foreseeable risk of harm' exists to both my mental and physical health. Therefore, I am asking (organisations name) to observe the Equality Human Rights Commission guidelines, and suspend Mr Shart due to the aforementioned reasons. Notwithstanding, I contend that a failure to do so may make (organisations name) 'vicariously liable' for any subsequent 'omission to act' to prevent further detriments from being inflicted upon my person. For the record, I can no longer work with Mr Shart. This is due to the very fact, that his 'unwanted conduct' has a 'detrimental effect' on my health'. As such, I ask that you consider the 'magnitude of the risk of harm occurring, and the gravity of the harm which may occur' should management 'refuse this request'.

It is my hope that in invoking the grievance procedure, I will not be made a workplace pariah, and or subjected to any 'detriment' or 'detrimental treatment' which would amount to a contravention of the aforementioned Acts or Regulations. I trust my career can continue to flourish under more positive circumstances, and look forward to pursuing my career with (organisations name).

1. you have used the word "danger" which is recognised under the Employment Rights Act 1996 S.44 & 100. See "whistle-blowing"
2. you have requested the organisation to observe EHRC guidelines. Making this request puts the burden on the employer to do so.

3. you have established that a failure to observe EHRC guidelines, or prevent any further acts being inflicted upon your person, will potentially make the employer and its directorship "vicariously liable" for any subsequent "omission/s to act".
4. the employer cannot later argue that a failure to separate you and your harasser was an error, oversight, or simple "omission". You have established that the employer has a duty to "act" and a failure to do so will amount to a "deliberate omission to act".
5. By placing on the record that you no longer want to work with Mr Shart, any omission by the employer to separate the victim and harasser, may in itself amount to a discriminatory practice. (See:
Fletcher and Steele v Cannon Hygiene Ltd.
6. You have made it apparent, that should your employer subject you to a detriment for having exercising your statutory rights, could ultimately make it liable to pay you compensation.

An HR Officer who has the slightest comprehension of employment law, will find the above paragraphs - very sobering. Every line contains points of law, and legal terminology, which may not be obvious to a layperson, but will be to your employer's solicitor. You don't want to waffle and obscure your points in pages of diatribe! Don't give the employer any wiggle room. Let the employer know that you mean business, and that should it fail to remedy a breach, it is going to have to dust off its cheque book. If you need help in formulating your grievance letter, then click here. I can add some [case law] or [points of law] into your grievance letter, which could potentially strengthen your case. Remember, a poorly written grievance letter provides your employer every opportunity to rubbish what you state.

The grievance letter example above is NOT ENOUGH by itself. You have to take sufficient steps [prior] to lodging your grievance letter to both preserve and protect your own employment rights. Most employees will be oblivious to the fact that many employers have an 'agreement' with a legal organisation who will vet an employees grievance letter to get the Company off the hook. This fundamentally undermines the Equality of Arms.

However - not all is lost!

I have written a grievance letter template to aid employees like yourself with the bulk content of what needs to stated within your grievance letter, including references to Statutory Acts & Regulations. All you have to do is fill in the blanks where indicated! (see testimonials) The grievance letter template aid provides you with a fighting chance against both your employer and their solicitors.

Employment Law Statutory Acts & Regulations

The Equality Act 2010. The Equality Act covers discrimination in the workplace, and also workplace harassment. This includes sex discrimination, sex harassment, sexual harassment, gender discrimination, sexual misconduct, and harassment based on sex. The Equality Act 2010 also covers discrimination due to an employee having a disability, disability related harassment, less favourable treatment due to a disability, equal opportunities for the disabled, and also, the employers [duty of care] to make [reasonable adjustments] for an employee who has a disability.

The Health and Safety at Work Act 1974 is the Act which governs your employer's [duties of care] for your health and safety at work. This takes into account employees health and safety in work, including your occupational health, and also the management of health and safety at work regulations. Your employer is legally obligated to provide you with a safe place of work, and a safe system of work. This includes an environment free from workplace stress and work harassment.

The Employment Rights Act 1996 takes into account your employment rights. Part of the Employment Rights Act 1996 also takes into account your health and safety at work. These are covered within sections [44] and [100] of the Act. The Employment Rights Act 1996 is the [Act] which governs [Employee Rights], and also forms the basis for those employee's who want to claim either unfair dismissal or constructive dismissal in an employment tribunal. This is usually due to a breach of the contract of employment.

Management of Health and Safety At Work Regulations 1999. The Management of Health & Safety at Work Regulations, also known as [MHSWR 1999] is specific to workplace risk assessments. The MHSWR 1999 establishes your employer's duty of care to undertake a work risk assessment for you. Your employer is obligated to [share with you] the risk assessments for your work area, and undertake risk assessments within the workplace to determine your abilities and capabilities to perform your respective duties. Therefore, it is incumbent upon your employer to undertake a risk assessment to [identify] what [risks] you might be exposed to whilst at work. Work risk assessments ought to include a risk assessment for expectant mothers, taking into account the [nature and extent] of the expectant mothers work.

Further, the Health and Safety Executive has adopted [Management Standards]. The Health and Safety Executive 'Management Standards' take into account [both] the employee's workload, and the employee's abilities and capabilities. See the section on work related stress, which gives a break down of the Health and Safety Executives 'Management Standards'.

Employees in the UK lodge 5,000 Employment Tribunal claims every week. Therefore, there is a strong chance that [you] will end up being a part of this statistic. Furthermore, your employer will likely show your letter of grievance to its solicitors, in an attempt to get it off the hook. I cannot understate the importance of the letter of grievance, which you submit to your employer, and also, the steps you ought to undertake PRIOR to entering the grievance procedure.

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