How to Write a Letter of Grievance for Workplace Bullying & Harassment

“Grievance Letter Workplace Harassment”

Do you need a free grievance letter template to send to your employer for work-related stress, bullying and harassment?

Please visit our webpage on 15 things to do before you write your grievance letter to your employer.
Please visit our webpage on 20 tips on writing a grievance letter to your employer.
Please visit our webpage on how to appeal a grievance outcome letter.

Sam Stone and his wife Amy have over 26 years of combined experience helping clients just like you.

Remember, you don’t have to be alone in going through your employment dispute with your employer. Remember, 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!

Word of Caution:

Do NOT use AI to generate your grievance letter.
For the avoidance of doubt, there are many free AI detectors online, which can be used quickly to detect whether a grievance letter has been AI-generated.
The Employment Tribunal Service is receiving an uptick in AI generated grievance letters, which are frowned upon.
Notwithstanding, AI can cite case laws which do not exist, apply legislation from other jurisdictions, or outline legal principles that have absolutely no bearing on your particular circumstances.
Please visit our webpage on the risks of submitting an AI generated grievance letter.

Law:

Where an employer fails to take what the employee tells him seriously (or at face value) it may give rise to the employee making a claim for constructive dismissal.

Wigan Borough Council v Davies 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.”

An employer’s failure to take ‘reasonable and practicable steps’ to prevent the harasser from harassing the complainant may likely make the employer “vicariously liable” for the harassers acts of harassment, which is a contravention of s.109 EqA 2010. This means that the employer could be “vicariously liable” for the harasser’s conduct, whether the employer knows harassment is happening or not.

In our own case, we contended our employer was “vicariously liable” for omitting to take adequate control measures to prevent further acts of harassment from being purported upon our persons –Canniffe v East Riding of Yorkshire Council [2000] IRLR 555, EAT

The fact our employer initiated an investigation into our grievances was not enough. Our employer could have, and should have acted immediately, and have taken proactive and preventative measures to ensure that we were not subjected to any further acts of discrimination, harassment, less favourable treatment or victimisation. This position is in line with The Statutory Code of Practice on Employment 2011 –

Chapter 17 Paragraphs 6.102 & 6.103 –

“Employers will sometimes have to deal with complaints about prohibited conduct that arise between members of staff. They can avoid potential conflicts by noticing problems at an early stage and attempting to deal with them by, for example, talking to the people involved in a non-confrontational way. It is important to encourage good communication between workers and managers in order to understand the underlying reasons for potential conflicts. Employers should have effective procedures in place for dealing with grievances if informal methods of resolving the issue fail.”

“There may be situations where an employer should intervene to prevent a worker discriminating against another worker or against another person to whom that employer has a duty under the Act (such as a customer). In these circumstances, it may be necessary to take disciplinary action against the worker who discriminates.”

Notwithstanding, our employer had failed to observe the mutual trust and confidence by failing to demonstrate adequate prevention methods to eradicate harassment from reoccurring. The employer had omitted to render any training, consultations or advice to its employees. Despite the fact our employer had a harassment policy insitu, it had failed to implement its policies and procedures within the workforce at large. It is not enough for an employer to rely upon the fact it has a Harassment Policy. The employers Harassment Policy has to be “effectual” and “effectively communicated” to all its employees – See: Beadles Group Ltd v Angelica Graham. Also, see “fiduciary obligations”.

Defective Grievance Investigation Harassment:

When the employer investigates your grievances for harassment, it is incumbent upon the investigating officer to take into account each of the following:

The purpose of the harassment;
The effect of the harassment;
The intent of the harassment;
The motivation behind the harassment;
The environment created by the harassment;
Your perception of the harassment i.e. was the harassment unwanted, uninvited and unwelcome to you as the complainant;
The injury caused to your feelings;
How the harassment was related to your protected characteristic;
To determine whether the harassment is a continuum or an on-going chain of events.