15 Tips Before You Write Your Grievance Letter

Step 1 – Consult Your Doctor:

Read This First!

First and foremost, consult your doctor. Whether it be work-related stress, bullying, harassment or discrimination, get the facts ‘imputed’ onto your medical records by your doctor. The case authority of Veitch v Red Sky Group Ltd[2010] NICA 39 (1 December 2010) demonstrates the importance of getting your doctor to make sure your medical records are up to date, and furthermore, to make accurate notes on your medical records:

“While the claimant’s General Practitioner suggested in broad terms that the claimant’s symptoms appeared to have been exacerbated by 2007-2009, the tribunal considers that it has insufficient evidence to make a finding on this point, especially as he does not say how and to what extent they were exacerbated.”

Thus, discuss with your doctor what is happening to you at work, and most importantly, how it is making you feel. This is very important, as the Tribunal takes into account *injury to feelings in addition to ‘psychiatric injury. ‘Injury to feelings’ can in itself payout up to £62,900 in exceptional cases.

*H.M. Prison Service v Salmon [2001] IRLR 425, EAT
“It is legitimate when assessing compensation in a discrimination case for an employment tribunal to treat “stress and depression” as part of the injury to be compensated for under the heading “injury to feelings”.

In the event you end up submitting a claim in the Employment Tribunal, you will be asked by the Judge to provide a copy of your medical records to your employer’s solicitors. Therefore, request that your doctor imputes your conversations onto your medical records. If your employer is asking you to furnish them with medical disclosure during the grievance procedure, contact us. There is no legitimate reason for your employer to have carte blanche access to your medical records as part of a grievance or sickness absence process. Your employer seeking access to your medical records could amount to a breach of your Right to Privacy under Article 8 of The Human Rights Act 1998. However, be warned, there is a difference between your employer obtaining your ‘medical records’ and obtaining a ‘medical report’.

When consulting your doctor about work-related stress, discuss the adverse effects, which your working environment is having upon both your psychological and physical health. You need to establish a connection (causal link) between the events at work, and the impact it is having upon your psychological and physical health. Again, elucidate in your grievance letter how what is occurring to you at work is making you feel. In the case of Spring v Guardian Assurance Plc the Lords stated:

“The changes which have taken place in the employer-employee relationship, with far greater duties imposed on the employer than in the past, whether by statute or by judicial decision, to care for the physical, financial and even psychological welfare of its employees”.

It is well known fact, that anxiety and stress are “prejudicial” to health. However, where harassment and/or discrimination has triggered or exacerbated a medical condition, impairment, or disability, it may make your employer potentially liable for the ‘injury’ which you have suffered. Put shortly, you need to outline a ‘causal link’ in your grievance letter to your employer between what has happened to you at work, and the manifestation or exacerbation of your medical condition/s, viz: that a ‘causal link’ exists between the bullying and harassment and you having more frequent anxiety, asthma attacks, migraines, anxiety attacks.

Make sure you consult your doctor: (i) before lodging your formal grievance letter, (ii) throughout the grievance process, and (iii) after the grievance procedure has concluded.

Thus, where you feel you are going to pursue a Tribunal claim, continue to see your doctor for as long as possible, and get your doctor to put on your Fit Note what all your impairments are, viz: work-related stress, depression, anxiety, panic attacks high blood pressure etc,.

Where your employer has triggered your disability, request that your doctor/s puts this information on the Fit Note, viz: “work related stress triggering panic attacks” rather than just “work-related stress”.

Remember, you can always ask the Practice Manager at your GP Surgery for a copy of your medical records to make sure your GP is properly noting your consultations with them, and moreover, what you have said.

Step 2 – Obtain Witness Statements:

Get any work colleague/s who have witnessed what has happened to you, to provide you with a ‘witness statement’ before you submit your formal grievance letter, if possible.

You ought to do this prior to invoking the grievance procedure, due to the very fact that once you invoke the grievance procedure your employer will likely ask you not to discuss anything with your workplace colleagues. Should you do so, your employer will infer that you have breached the implied term of mutual trust and confidence by interfering in the grievance procedure. This could potentially give them reasonable grounds to dismiss you for SOSR (Some Other Substantial Reason).

In truth, your employer does not want you to discuss anything with your workplace colleagues, as the employer wants to mitigate its own liability and prevent your grievance letter snowballing. This will involve your employer asking questions to potential witnesses in a way which helps diminish the employer’s own liability. Remember, you have no control over how your employer conducts the grievance investigation. This is why it is so very important to put the burden of proof upon your employer.

In addition, your workplace colleagues will be very reluctant to provide you with a witness statement or come to your aid after the grievance procedure has been invoked. This may cause your colleagues to shut their mouths in order to protect their own jobs, due to job security. Your employer counts on this happening!

Please see our witness statement example. The statement should be (i) short as possible, (ii) in bullet form, (iii) with each paragraph numbered. The witness statement [has] to be that person’s statement, not yours!

A person can be crossed examined on the ‘content’ of their witness statement in the Employment Tribunal. Therefore, sometimes it is better NOT to elaborate or say too much, depending on which side of the fence you are on! Make sure the person giving you a witness statement as part of the grievance process writes the witness statement themselves – DO NOT write it for them.

During the grievance procedure, you will likely find that in order to limit its liability, the investigating manager will take witness statements, which s/he has written. Should this be the case, draw an ‘adverse inference’ against your employer, as the statements are written in the investigating officer’s OWN words, and not in the words of the witnesses themselves!

Furthermore, actions can be just as important as words. For example, if Mr. Shart sexually harassed you and you either (i) turned your back on him or (ii) burst into tears, then the Tribunal Judge will recognise from your body language that you found Mr. Shart’s conduct to be “unwanted”. Therefore, it is equally important with regard to what your workplace colleagues saw, as to what they heard, viz: how you reacted. Therefore, get your colleagues to write in their witness statement what they both heard and saw.

In our own case, a manger where my wife Amy worked stated in his witness statement that he had not heard any sexual remarks being made to Amy. In fact, he was telling the truth, but not the whole truth! For example, the manager had previously informed me that he had seen another manager sexually harass Amy whilst at work. You see, what they saw and what they heard are equally as important when establishing the ‘facts’!

Step 3 – Read The Employer’s Policies and Procedures:

Get your hands on your employer’s most recent Policies & Procedures prior to invoking the grievance procedures. These should have been given to you upon the commencement of your employment. However, you want the most recent up to date versions of the policies usually online via your employer’s internal intranet.

Be very careful in asking your employer for copies of its policies if you do not have them, as you don’t want your employer to start asking searching questions as to why you want the policies and procedures. Should this happen, state that you don’t recall ever receiving them, and wondered why they had not been sent out to you. Put the onus on your employer!

Once you have the policies in your possession, you want to read through (i) your contract of employment, and (ii) your employer’s policies on:

  • Health and Safety Policy
  • Grievance Handling Policy
  • Equalities Policy / Equal Opportunities Policy
  • Bullying & Harassment Policy & Dignity at Work Policy
  • Discrimination Policy
  • Stress Management Policy
  • Whistle-Blowing Policy
  • Dignity at Work

You are looking to discover which of your employer’s policies are contractually binding. This means that should your employer fail to follow its own policies and procedures, your employer may be in Breach of your Contract of Employment. This may give rise to claim for constructive unfair dismissal.

You also want to know the specific procedures, which your employer should follow after you have lodged your written formal grievance letter. Notwithstanding, you want to make sure your employer abides by its own policies and procedures.

Where your employer is failing to follow its own procedures during the grievance process, you can write an appendage to your formal grievance, outlining this fact, and draw an ‘adverse inference’ against the employer.

Step 4 – Health & Safety at Work

With regard to your employer’s policies and procedures:

  • Did your employer give you a thorough induction at the commencement of your employment?
  • Did your employer enquire whether you have an “impairment” or “disability” which might have necessitated making a reasonable adjustment for you?
  • Did your employer give you copies of its policies/handbook at the time you were employed?
  • Did your employer make you aware of your health and safety obligations?
  • Did your employer make you aware of any potential ‘risks to your health’?
  • Did your employer communicate to you what you should do if you were harassed?
  • When was the last time your employer involved you in any ‘prevention methods’ or ‘training programs’ germane to bullying, harassment and/or dignity at work?
  • Has your employer conducted an annual appraisal or annual appraisals?
  • Did your employer ask whether any reasonable adjustments could be made for your person during your annual appraisal?
  • Has your employer ever conducted any ‘stress audits’ or ‘stress tests’ to ascertain the levels of stress within your working environment?
  • Has your employer ever assessed your ‘abilities and capabilities’ to perform your duties?

Did your employer share with you the risk assessment it undertook within your working environment or work area at the commencement of your employment?

Has a risk assessment of your working environment ever been undertaken, and if so, did the employer consult you at the material time it undertook the assessment?

All of the above are searching questions you need answers to i.e. (if not – why not?) Any failure by your employer to have undertaken the aforementioned steps could be used to draw an ‘adverse inference’ against your employer, especially where you have received an injury to either your mental or physical health, due to your employer’s torts (negligence).

Notwithstanding, where your employer has failed to demonstrate a commitment to facilitating you with a healthy working environment, it ought to be raised as a grievance within your formal grievance letter. In cataloguing your employer’s failures, it demonstrates to a Judge that a laissez-faire culture exists within your organisation. Remember, you have to ‘establish facts’ from which the Tribunal could conclude that on the balance of probabilities your employer has breached your statutory rights.

Pursuant to s.2(1)(2) of the HSAWA 1974, your employer is legally obliged to provide you reasonable (i) training (ii) supervision (iii) instruction to undertake your duties and perform your job role. However, please note, that the Employment Tribunal has no jurisdiction to hear any claims for contraventions of The HSAWA 1974.

Where your employer has failed to communicate, convey, embed or implement its own policies and procedures within the workforce, it would probably indicate that your employer would have little or no defense in a Tribunal for such an omission. This means, where your employer has not conducted workplace training to prevent bullying and harassment from occurring, it could be argued that the employer has failed to demonstrate a commitment to its employees to either protect their health or ensure their safety. The same applies to ‘work-related stress’. A ‘duty of care’ exists.

The Tribunal will acknowledge that it is not enough for your employer just to have ‘Policies and Procedures’ insitu. It is incumbent upon the employer to implement the policies and procedures amongst the workforce at large by effectively promoting them i.e., acting with due diligence to promote, champion, and embed the policies and procedures amongst the workforce. See HSE e-Bulletin ING 417

A failure by your employer to conduct any workplace training to ‘champion, embed, and promote’ its own policies and procedures would demonstrate to the Tribunal that it has failed to take ‘reasonable and practicable steps’ to prevent bullying, harassment, or discriminatory practices from occurring. The ramifications for failing to take reasonable steps to prevent harassment and discrimination occurring at work makes your employer ‘vicariously liable’.

Once you have ‘shifted the burden of proof’ on to your employer, the burden of proof is then on the employer under s.136 of the Equality Act 2010 to explain why it failed to implement preventative measures to both eliminate and eradicate workplace bullying, harassment, discrimination from occurring within the working environment and/or to effectively combat it.

Where you can establish your employer’s failure to champion, embed, and promote its own policies and procedures within the working environment, and where this failure caused you an injury i.e. anxiety or depression, it may potentially make the employer liable to pay you compensation as held in the authority of Waters (A.P.) v. Commissioner of Police For The Metropolis [2000] 1 WLR 1607; [2000] UKHL 50; [2000] IRLR 720”

“If an employer knows that acts being done by employees during their employment may cause physical or mental harm to a particular fellow employee and he does nothing to supervise or prevent such acts, when it is in his power to do so, it is clearly arguable that he may be in breach of his duty to that employee. It seems to me that he may also be in breach of that duty if he can foresee that such acts may happen and, if they do, that physical or mental harm may be caused to an individual.”

Step 5 – Gather Audio/Video Evidence:

You want to gather as much ‘evidence’ as you can to support your written formal grievance before lodging it. If you are going to discuss with your colleagues what is happening to you at work, then consider recording your conversations with them, preferably without them knowing. Please visit our webpage on the legalities on making covert recordings at work.

Case in point: my line manager had a propensity to shout at me during morning meetings to intimidate me. This created a ‘hostile, undignified, intimidating and oppressive working environment’ for me, not least because stress triggers my asthma attacks (a recognized disability under the Equality Act 2010). What my line manager failed to articulate, was that I was surreptitiously recording her on my mobile telephone deriding me. I had catalogued the conversations over many weeks. I was subsequently able to use these recordings to ‘shift the burden of proof’ that I had been subjected to a systematic campaign of harassment by my line manager, which harassment was discriminatory, by reason that the unwanted conduct significantly influenced my disability (asthma). This fact was substantiated by consultations with my own GP, and furthermore, had been ‘imputed’ onto my medical records and Fit Notes by my own Doctor.

Furthermore, my line manger had a habitual proclivity to hug me every morning. This was not undertaken because she liked me; it was undertaken to belittle me in front of my workplace colleagues. This ‘practice’ of hugging me in the mornings created an undignified working environment for me, which amounted to unlawful sexual harassment. I found her conduct ‘unwanted’. It was also ‘uninvited’ and ‘unwelcome’ to me as it created an undignified working environment. Fortunately, prior to invoking the grievance procedure, I had asked a workplace colleague to film my line manager hugging me using my mobile telephone. As such, I had hard evidence of sexual harassment.

It was due to this evidence, which I believe forced my employer to settle my claims for (i) a breach of the mutual trust and confidence (ii) sexual harassment / sex discrimination, and (iii) disability discrimination. A picture really does paint a thousand words!

Step 6 – Prior Acts of Harassment/Discrimination:

You need to quietly assimilate and establish whether any other employee’s (past or present) have previously lodged a formal grievance at your place of work, due to either work-related stress, bullying, harassment or discrimination.

Where an employer has failed to take reasonable and practicable steps to prevent further acts of bullying, harassment, discrimination or work-related stress from reoccurring it would demonstrate that your employer had failed to take reasonable and practicable steps to promote a ‘safe system of work’ in accordance with The HSAWA 1974. It would also outline that under s.109 of the Equality Act 2010, your employer had failed to take ‘reasonable steps’ in the prevention of conduct prohibited under the auspices of The Equality Act 2010, which is a legal requirement.

In my own case, I was aware that another employee had raised a grievance against my line manager within the past year. In this incident, my employer alleged it was unable to find ‘any evidence’ to substantiate the aggrieved employee’s grievances. However, the fact remains, that my employer had still omitted to introduce any preventative measures to eradicate, eliminate or combat harassment from reoccurring. The employer had, therefore, failed to render me with ‘a safe system of work’, viz: being a working environment free from bullying and harassment. This also contravened s.109 of the Equality Act 2010:

Wigan Borough Council v Davies, [1979] ICR 411, EAT on 26th January 1979:

“There is an implied term in contracts of employment that the employer will provide reasonable support to ensure that the employee can carry out his/her duties without harassment or disruption by fellow workers; and where an employer has an obligation to take reasonable steps to achieve something and takes few or no steps, the onus of proving what steps would have been reasonable is on the employer.”

Step 7 – Keep a Diary

Keep a diary of dates and times whilst at work. Write down who saw what; where it happened; the time and date it happened; the place it happened, and what was said. Also, look for CCTV coverage of the area. Also make a note who was on holiday, who worked, which persons were absent – etc,. Be aware that your diary could be admissible in the Employment Tribunal whether you want it to be or not. Some people will say in their grievance letter that they have kept a diary. However, be careful, as in the event matters do end up in the Employment Tribunal, your employer could ask the Judge to make an Order to provide the diary to your employer’s solicitors.

Keeping a diary is good practice when being subjected to bullying, harassment and discrimination. It is very important that you can refer back to dates and times. It also establishes to your employer that you have been cataloguing these events as they have transpired, and have not just fabricated them.

Write down in your diary how what has happened has made you feel. Did you cry? Who saw you crying? Did anybody pick up on the fact you were quiet or withdrawn? All of these things are vitally important with regard to ‘injury to feelings’. I would also suggest you email yourself the events, which transpired at work from and to your own personal email address. This way, you can always prove that the diary was not just created. Put shortly, being able to furnish your employer with emails, which are date and time stamped goes a long way in proving what you are saying, and furthermore, how you were feeling. However, DON’T send work emails to your personal email address as you could be in breach of contract. Just use your own personal email address to email yourself so your emails are date and time stamped.

In the case of Intel Incorporation (UK) Ltd v Daw, Court of Appeal 2007 the Judge stated that Ms Daw demonstrated “visible signs of distress”. (A manager had seen Ms Daw crying). This was sufficient cause to trigger the employer’s duty of care to take reasonable and practicable steps. The Judge went on to say:

“The indications of impending harm to health arising from stress at work must be plain enough for any reasonable employer to realise that he should do something about it, not least because he could have done something about it, and ought to have done something about it!”

Step 8 – Harassment & Discrimination

Where you feel you have been harassed or discriminated against, and want to lodge a claim in a Tribunal, it is important to note two things:

(i) To comply with the Tribunal rules, you must commence pre-claim conciliation with ACAS within three months (less one day) of the date you were last harassed or discriminated against. Not from the date which you lodged your formal grievance letter. Also, you must have a certificate from ACAS before you can lodge a claim in the Tribunal, unless of course you are claiming ‘interim relief’ under s.128 of The ERA 1996.

(ii) Where the harassment or discrimination has been going on for a period of time, it is very important that you state within your formal grievance letter all the incidents where you have been subjected to a systematic campaign of harassment or discrimination, and moreover, outline the last act or final straw, which was inflicted upon your person, i.e., the last act in a series of acts being the final straw.

The term “Final Straw” is recognised in law as it is in everyday language. It is the straw which broke the camel’s back. Thus, you are asking your employer and/or Tribunal to take into consideration not just the last act, but all the acts (or omissions to act) up until the final straw.

For the avoidance of doubt, the Tribunal is interested in the ‘course of conduct’ rather than the individual incidents of harassment. In this regard, I draw your attention to the authority of Iqbal v Dean Manson Solicitors [2011] EWCA Civ 123 at paragraph 25:

“The Act is concerned with courses of conduct which amount to harassment, rather than with individual instances of harassment. Of course, it is the individual instances which will make up the course of conduct, but it still remains the position that it is the course of conduct which has to have the quality of amounting to harassment, rather than individual instance of conduct.”

A similar position was held in the authority of Green v DB Group Services UK Ltd [2006] IRLR 764, at paragraph 151:

“The question is whether his behaviour amounted to bullying within the ordinary meaning of that term. Bullying can take many forms. As I have already observed, and as was acknowledged by the claimant, the incidents upon which she relies when viewed individually are not of major significance. It is their cumulative effect that is of importance. His behaviour to her was domineering, disrespectful, dismissive, confrontatory, and designed to undermine and belittle her in the view of others. I am satisfied that such a course of conduct pursued over a considerable period amounted to bullying within the ordinary meaning of the term.”

Step 9 – ACAS Questions:

It is incumbent upon you to ask questions in your grievance letter to your employer.

In June 2022, ACAS have endorsed submitting questions to an aggrieved party’s employer in order to obtain answers to their grievances.

ACAS have provided clear advice of how an employer should go about answering an aggrieved employees questions.

I would suggest in your grievance letter you ask questions like this:

  • Why after informing my line manager that I felt stressed, was a stress specific risk assessment not undertaken and accordance with the health and safety executives management standards?
  • Do you agree a reasonable adjustment would have been to have undertaken a stress specific risk assessment in accordance with The HSE’s ‘Management Standards’? If you disagree, how do you say undertaking a stress specific risk assessment was not reasonable to have undertaken?
  • Specifically what steps (if any) has my employer taken to identify and ameliorate work related stress in the department where I work?
  • Why does my employer not undertake regular stress tests and stress audits?
  • Specifically what steps (if any) has my employer taken to eradicate and eliminate harassment and discrimination from within my department at work?
  • What reasonable adjustments (if any), does my employer say it has implemented to accommodate my medical conditions?
  • How have the adjustments, which have been implemented removed the substantial disadvantage?
  • How do you say being subjected to a course of bullying and harassment at work, has not created a hostile, oppressive and intimidating working environment for me?

Do NOT ask questions which elicit either a yes or no answer.

You may want to point out to your employer that a failure to answer your questions in accordance with the ACAS Code, could lead to the Tribunal increasing any award by up to 25%. 

Step 10 – Reasonable Adjustments you could state within your written formal grievance:

By asking your employer to implement the following steps, you are placing the onus on the employer to do so. If matters do proceed to the Employment Tribunal, the Tribunal will look at what ‘steps’ you asked your employer to take. Therefore, it is imperative that you have made some written suggestions in your grievance letter regarding reasonable adjustments. Those reasonable adjustments in the workplace could be:

  • Flexible working hours.
  • Working from home or hybrid working.
  • Disability-awareness training for your manager.
  • Reduced workload.
  • More time to complete tasks.
  • Regular stress tests / stress audits.
  • Stress specific risk assessment being undertaken.
  • Referral to occupational health.
  • Not to apply timeframes with short notice.
  • Taking into mitigation your medical conditions when assessing your performance.
  • Disregarding some or all of your sickness absence if your sickness absence is disability related.

Where your employer has failed to undertake reasonable and practicable steps and/or to have implemented your own requests for reasonable adjustments, the employer would have to explain to the Employment Tribunal why it failed to do so. The Judge will initiate a three-point procedure to decide what steps your employer (i) could have taken, (ii) should have taken, and (iii) ought to have taken, which adjustments were reasonable to have implemented, given your employer’s size, scope, and resources.

Should the Judge decide that your employer could have reasonably granted your requests for adjustments, but failed to do so, then the Tribunal could draw an ‘adverse inference’ on your employer’s omission to have taken such steps.

In opening your formal grievance, state that you are expecting to obtain ‘effective remedy and redress’ to your written formal grievances. This places the onus on the employer to operate a ‘fair and equitable’ grievance procedure, so that you can obtain effective redress of any grievances, which you may have. Google – Goolds v MccOnnell [1995] IRLR 516.

In the authority of Dr S Stothard v Durham University 2500306/2019, Employment Judge Morris held the following at paragraph 41:

“In relation to the grievances, it was found in W A Goold (Pearmak) Ltd that there is “an implied term in the contract of employment that the Employers would reasonably and promptly afford a reasonable opportunity to their employees to obtain redress of any grievance they may have”. In this case, the respondent failed to provide that opportunity to the claimant and there was, therefore, a breach of that implied term.

Ask your employer to act in ‘good faith’ and observe the ‘implied term of mutual trust and confidence’. This is important, as you are placing the onus on the employer not to prejudice a fair and equitable grievance investigation and outcome. An ‘adverse inference’ can be drawn against an employer who acts in ‘bad faith’:

Within your grievance letter ask your employer to take ‘reasonable and practicable steps’ to protect your mental and psychological health. Should your employer fail to take reasonable and practical steps to safeguard your health or safety it can be argued that any further risk/s of harm were reasonably foreseeable. This may make your employer vicariously liable.

Waters (A.P.) v. Commissioner of Police For The Metropolis [2000] 1 WLR 1607; [2000] UKHL 50; [2000] IRLR 720 –

 “If an employer knows that [acts] being done by employees during their employment may cause physical or mental harm to a particular fellow employee and he does nothing to supervise or prevent such [acts], when it is in his power to do so, it is clearly arguable that he may be in ‘breach of his duty’ to that employee. It seems to me that he may also be in breach of that duty if he can foresee that such acts may happen and, if they do, that physical or mental harm may be caused to an individual.”

Ask that your employer takes reasonable and practicable steps and introduces protective measures to ensure you are not further harassed or discriminated against. This could involve your employer separating you from your alleged harasser. See the ruling in Mrs S Hill v Lloyds Bank Plc UKEAT/0173/19/LA.

Where the harassment is serious, your employer should not wait to initiate an investigation, but separate you and your harasser immediately [act with due diligence] viz: “indications of impending harm to health” [foreseeability]. Furthermore, you should not be moved to a new work location; it is the harasser who should be moved, otherwise you could argue ‘victimisation’.

Where your employer’s investigation is unable to find ‘evidence’ of harassment or discrimination having occurred, the employer ought to still separate you from your alleged harasser / discriminator, especially if the harassment was related to your sex or when receiving a complaint of ‘sexual harassment’ or ‘sex discrimination’. Your employer’s failure to do so could in itself amount to a discriminatory ‘practice’.

Fletcher and Steele v Cannon Hygiene Ltd:

 “The employer failed to take sufficient steps to protect Fletcher and Steele from further sex harassment. This case takes into account the European Commission Code of Practice on Sex Harassment 1991 to separate the victim from the alleged harasser.” 

Ask your employer to observe and implement the recommendations within The Statutory Code of Practice on Employment 2011. This places the onus on the employer to observe these guidelines with regard to harassment and discrimination in the workplace.

A failure to observe and implement the recommendations within The Statutory Code of Practice on Employment 2011 could lead to the Tribunal finding in your favour if your employer fails to ‘observe and implement’ the recommendations made by The EHRC.

With regard to ‘work-related stress’ ask that your employer observes the Health and Safety Executives ‘Management Standards’.

Where an employee is known to be suffering from work-related stress, it is incumbent upon the employer to identify the hazards to minimise the risks to your health, bearing in mind the ‘magnitude of the risk of harm occurring, and the gravity of the harm which may occur’ should it fail to do so.

Where you have a mental or physical impairment, then make sure your employer knows about it.

It is strongly suggested that you make suggestions to your employer of any reasonable adjustments it could make for you.

Furthermore, put in writing what your employer could do for you to alleviate whatever it is, which you feel places you at a ‘substantial disadvantage’ because of your ‘impairment or disability’.

Eastern and Coastal Kent PCT v Grey (IDS 875):

“The duty to make adjustments does not apply if the employer does not know, and could not be reasonably expected to know, that the employee has a disability, and or is likely to be placed at a substantial disadvantage.”

If for any reason you feel you need to take time off from work (sabbatical) then request it. This could amount to a ‘reasonable adjustment’. Likewise, you could also ask your employer to refer you to its Occupational Health Provider, and to undertake a risk assessment to ‘identify’ the root cause of the factors, which pose a risk of harm to your occupational health.

In this regard, I draw your attention to the authority of Tarbuck v Sainsburys Supermarkets Ltd [2006] IRLR 664 at paragraphs 69 & 72:

[69] “There can be no doubt that any employer would be wise to consult with a disabled employee in order to be better informed and fully acquainted of all the factors which may be relevant to a determination of what adjustment should reasonably be made in the circumstances. If the employer fails to do that, then he is placing himself seriously at risk of not taking appropriate steps because of his own ignorance. He cannot then pray that ignorance in aid if it is alleged that he ought to have taken certain steps and he has failed to do so. The issue for the Tribunal will then be whether it was reasonable to take that step or not.”

[72] “Accordingly whilst, as we have emphasised, it will always be good practice for the employer to consult and it will potentially jeopardise the employer’s legal position if he does not do so- because the employer cannot use the lack of knowledge that would have resulted from consultation as a shield to defend a complaint that he has not made reasonable adjustments- there is no separate and distinct duty of this kind.”

Step 11 – Injury to Feelings:

It is imperative, that you state within your formal grievance letter to your employer how the bullying, harassment or discrimination, which you have been subjected to is making you “feel”. You want to use the wording of the Equality Act 2010, which states:

“Harassment” is [unwanted conduct] which has the “purpose or effect” of:

  1. “violating the victim recipient’s dignity” or:-

  2. “creating an intimidating, hostile, degrading, humiliating or offensive environment for the victim recipient”.

Employers are very canny here. In all three grievances which I raised to my former employers, the employers had tried to infer that the ‘unwanted conduct’ which I complained of was merely workplace ‘banter’. However, the law is very clear on harassment. It is up to the individual employee to determine for themselves how the ‘unwanted conduct’made them feel – and not what the employer infers, avers, or alleges.

Chawla v Hewlett Packard Ltd UKEAT/0280/13/BA at paragraph 77:

“Whilst the perception of the Claimant, the first element in section 26(4), requires an ‘objective’ finding of the Claimant’s ‘subjective’ feelings about the act complained of, the elements in section 26(4)(b) and (c) require an objective assessment by the ET.”

So, you have to use ‘trigger words’ within your grievance, which are recognised as “bullying & harassment”.

“I felt humiliated and embarrassed by Mr. Shart’s conduct. I found it personally undignified, degrading and offensive. I found Mr Shart’s conduct unwanted, uninvited, and unwelcome. Mr Shart’s behavious created a hostile, oppressive, and intimidating environment in which to work and communicate with him”

Step 12 – Natural Justice – Equality of Arms

Ask your employer to observe both the Natural Justice & Equality of Arms. This is very important, as you are placing the [onus] on the employer to act without bias or prejudice, and to be impartial and fair throughout the grievance procedure.

Should the employer choose to act in a capricious or arbitrary manner, then lodge an appendage to your formal grievance stating such.

You may also want to consider invoking the protection by Whistle-Blowing.

Step 13 – Victimisation / Detriment

In invoking the grievance procedures, it is unlawful for your employer to subject you to a ‘detriment’ for having submitted a grievance letter for harassment, discrimination or victimisation. If the employer does subject you to a ‘detriment’ for raising a grievance, submit a new grievance letter for ‘victimisation’.

For the avoidance of doubt, raising a grievance for harassment and/or discrimination is a ‘protected act’ in accordance with s.27(2)(d) of The Equality Act 2010. This protects you from being subjected to a ‘detriment’. It is a good idea to state this within your opening paragraphs of your formal grievance letter, and remind your employer of this fact when attending the grievance meeting.

Step 14 – Number Paragraphs:

It is important that in writing your formal grievance letter to your employer that you make your paragraphs short, and number them. Preferably, put your grievances into sub-headings. Also, number the pages of your grievance letter.

This makes it easier for both you and your employer to refer to individual paragraphs, as the grievance procedure progresses. It also saves time at the Tribunal, as you can easily refer the Judge to a particular paragraph and page number within your grievance letter.

Step 15 – Defamation:

Finally, be very careful within your grievance letter not to write anything defamatory, or which could make you liable for libel. In our own case, my wife and I sent “pre-action protocols” seeking ‘damages’ against those employees who had written, and furnished our employer with libelous statements, which were injurious to our professional reputation/s.

Under the auspices of The Defamation Act 2013, even ‘stating an opinion’ can be libelous so be bloody careful!

The best way to make a statement about a manger or workplace colleague/s is to ‘blow the whistle’ when making any statement. This affords you protection from ‘detriment’ which is unlawful under s.47B of The Employment Rights Act 1996. Please visit our whistleblowing webpage.

‘Abilities & Capabilities’

It is not uncommon for an employer who wants to rid itself of an employee, who it deems as a ’troublemaker’ to question that employee’s ‘abilities and capabilities’ viz: to perform their duties. In all three cases where I have lodged a written formal grievance, the employer has attempted to rid itself of me by alleging I was not up to the job. Be warned, the PIP (performance improvement plan) might be the tool to give you the boot. In accordance with s.98 ERA 1996, the employer can ‘fairly dismiss you’ on grounds of ability, capability, skill, aptitude or health. Forewarned is forearmed!

In order not to provide your employer this opportunity, you need to pre-empt what they are likely to do. Therefore, we suggest that within your formal grievance letter that you make it clear that the (i) work-related stress (ii) harassment, or (iii) discrimination, which you have been subjected to has had (and is having) a ‘substantially adverse effect’ on your day-to-day activities. In so doing, you are placing the onus on the employer (and thus pinning the blame on them for failing to ‘protect‘ your health and wellbeing), which has led to a decline in ‘your performance’. In other words, had you not been subjected to either work-related stress, harassment, or discrimination, it would NOT have impacted your ‘ability’ or ‘capabilities’ to undertake your respective day to day activities at work, not least as you would not feel stressed, anxious, and distressed.

Should your employer attempt to get rid of you after you have raised a formal grievance for harassment or discrimination, then it may amount to unlawful victimization in contravention of s.27(1)(2) & s.39(4) of The Equality Act 2010.

Thus, contact us if this is the case.

Word of Caution:

Remember, you don’t have to be alone in going through your employment dispute with your employer. We took our own employers to the Employment Tribunal and know what you are going through.

If you feel you need assistance writing your grievance letter Amy & I can write your grievance letter for you. We only charge £35 for an initial telephone consultation up to one hour.

During the initial consultation, we can talk through your employment situation, provide guidance, and support you moving forward if you want our help. Go on, don’t hesitate, pick up the phone and call us 07775943414 (9-5 UK) or email us at: myrightsuk@protonmail.com

My wife Amy and I work together and have over the past 15 years helped thousands of clients. Read our testimonials page.

Amy & I can write you a custom grievance letter for any of the following employment issues:

Reach out to us on 07775943414 (9-5 UK) or email us – myrightsuk@protonmail.com

We work 7 days a week because we know your employment problems don’t just end on a Friday afternoon!