Need Help Writing A Grievance Letter To Your Employer?
I cannot understate the importance of the letter of grievance, which you send to your employer. Although the grievance procedure is not a quasi-judicial procedure, it would be prudent to make sure the grievance letter you lodge to your employer outlines the breaches of any statutory Acts or Regulations, which you believe your employer has acted, (or is acting) in contravention of. Put short, how can your employer put things right for you if they don’t know what they have done wrong, or are doing wrong?
In the event you have to refer to an Employment Tribunal, the ‘burden of proof’ is on the employee to establish that discrimination has occurred.
According to practical proposition (2) of the 13 practical propositions outlined in the authority of Igen v Wong an employee whom fails to shift the burden of proof will fail – “If the claimant does not prove such facts he or she will fail”.
However, as of August 2017, the decision in the authority of Efobi v Royal Mail Group Ltd EAT (10 Aug 2017) makes it even more important for employer’s whom investigates grievances for harassment & discrimination to act with ‘diligence’ –
“If a respondent chooses, without explanation, not to adduce evidence about matters which are within its own knowledge, it runs the risk that an ET will draw inferences, in deciding whether or not section 136(2) has been satisfied, which are adverse to it on the relevant areas of the case. Those inferences will then be part of the ‘facts’ for the purposes of section 136(2).” [para 86].
This is why it is incumbent upon you within your letter of grievance to outline both facts and information from which your employer can ‘adduce’ and ‘draw inference conclusions’ that on the balance of probabilities, you have been subjected to harassment, discrimination , victimisation etc,. For the avoidance of doubt, the burden of proof is not on your employer – IT IS ON YOU!
Thus, an employee who enters the grievance procedure who fails to shift the ‘burden of proof’ upon their employer will very likely be undermining their own position, and potentially, credibility. A poorly written grievance letter gives the HR Department / Legal Department every opportunity to trash what you have written. Notwithstanding, you could also find yourself being dealt with in a heavy handed manner. I have seen this time and time again where the HR Department twists what you have written in your letter of grievance, and the blame is then squarely placed at the employee’s feet rather than the Manager or HR Department for omitting to act.
Put short, when I lodged my letter of grievance to my employer I outlined the following facts and information within my letter of grievance to my employer –
(i) its relevant failures, including the specific Acts and Regulations, which my employer had acted in contravention of;
(ii) the specific date/s; place/s and time/s the incidents occurred;
(iii) my employer’s respective acts and omissions to act to ensure ‘a safe system of work’ for me;
(iv) my employer’s breaches of its statutory ‘duty of care’ for my health, safety and welfare at work, as an employee with a disability;
(v) my employer’s vicarious liability for failing to take reasonable steps to prevent the harassment, which was being inflicted upon my person;
(vii) how my employer was in breach of my contract of employment;
(viii) how my employer had breached the implied term of mutual trust and confidence, including the ‘final straw’;
(ix) the contraventions of statutory duties germane to UK employment law/s;
(x) the breaches of my employer’s own policies and procedures, and how it had failed to follow its own policies and procedures.
If you need help writing a grievance letter to send to your employer, then contact me – firstname.lastname@example.org or 07775943414
If you have written your own grievance letter, and would like a second opinion on what you have written, then send your letter of grievance to me – email@example.com
If you would like me to simply beef up your grievance letter, and or make suggestions on what changes you may want to consider making to your own grievance letter, then send it to me – firstname.lastname@example.org
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