Grievances

Guidance categories
  • Discrimination (6)

What counts as a disability? Do I have a disability?

The Equality Act 2010 defines a disability as you having "a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities". What does ‘substantial’ and ‘long-term’ mean in terms of disabilities? ‘substantial’ is more than minor or trivial, eg it takes much longer than it […]

Unfair vs constructive dismissal

As you can see from the table above, most types of dismissal claims need two years worth of service before you can claim. Based on this, even if you have two years worth of service, we almost always recommend you do not resign before having exhausted the internal grievance procedure. This will work to your […]

Burden of proof

Igen v Wong [2005] ICR 9311 is one of the most important cases covering the burden of proof in discrimination cases. The case, in summary, concluded that when an employee has provided evidence of discrimination the burden of proof moves to the employer to prove that the treatment was not on the grounds of discrimination. This […]

Harassment

Harassment is what we call it when the things you are being 'bullied' due to/or linked to a protected characteristic. Often a company might try to argue that the behaviour is "banter" which it only is if the victims see it that way based on the ruling in Reed v Steadman (1999 IRLR 299). By […]

How long do I have to lodge a tribunal claim?

Typically you can lodge a claim to a tribunal up until 3 months after the issue took place, not from the date you submit your grievance. If things have been ongoing for a while you will have to say that the last event was part of an ongoing campaign against you and that the latest […]

What is the best way to keep notes?

One of the best ways to keep notes of events that have happened to you is to email yourself from your work email so that the notes have an undisputed timestamp on them. This makes it impossible for the employer to argue you have made up the notes and diary at a later date. Make […]

Is there a previous history of similar discriminations or other complaints?

Do you know of anyone else at your workplace that has complained about similar events, maybe even regarding the same people? This can be excellent evidence of failures by your employer that will further strengthen your case. The employer has a responsibility through laws to do whatever is reasonable to keep you safe at work. […]

Secret recordings and why they might be your best tool

Secretly recording conversations at work might be against company policy (check your employee handbook) whilst also being a grey area in UK employment law. However, what is clear is that once you have left your employer, there is very little the employer can do to you if you actually made recordings of conversations whilst being […]

Has my employer followed a proper Health and Safety protocol?

If you want to find out if your employer has followed best practice Health & Safety procedures, there are some questions that you should ask yourself to identify possible gaps. These gaps will assist you if you intend to file a formal grievance for anything Health and Safety related. Breaches of these should be covered […]

Effects of events that are both seen and heard by colleagues

When colleagues witness events in the workplace it is important that they focus on not just what they heard but also what they saw. An example can be person A said "Fxxk you immigrant" and person B then started to cry. To a tribunal, this will show that person B did not appreciate the comments […]
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