How to raise a formal complaint related to bullying with your employer
A grievance is a formal complaint about a workplace issue, such as bullying, which is raised internally and needs to be addressed by the employer. To file one, you should follow your employer's grievance procedure, typically found in your employee handbook. This is a very important step for lots of reasons:
1) It highlights the situation to your employer
2) It requires them to look into the situation and address it
3) If you ever decide to complain to a Tribunal about your treatment, failing to file a grievance first can lead to a reduction of up to 25% in your compensation
If it is possible to address things informally, that can often be better as grievances do tend to damage relationships and are stressful for all involved including you as the person reporting the concern. However, there are many situations where addressing things informally is either not possible or has not been effective and a grievance is absolutely the right thing to do.
There is a standard process for grievances which your employer should follow:
1) Your employer should invite you to a meeting to discuss your grievance
2) Your grievance is likely to need to be investigated. This involves speaking to witnesses and gathering other types of evidence (such as emails, messages, CCTV, logs). Investigation can take a bit of time (typically it will take a few weeks - 2 or 3 - but sometimes it can take 2 to 3 months). How long depends on how complex the issues are and how organised your employer is
You will then get a decision on whether your grievance is upheld or not. If it is, your employer will take some action. They may dismiss the bully if the events were serious, or just issue a disciplinary warning. If it is not, nothing more will happen.
Some other FAQs for the grievance process are:
1) Will I have to continue to work with the person accused of bullying during the grievance investigation?
This will depend on your employer and whether there are reasons why you can’t work together. You can certainly ask for them to be suspended, moved somewhere else, or for arrangements to be made that you don’t have to cross over. You should explain to your employer why this is necessary. For example: you will feel intimidated, you think they will interfere with other witnesses and stop them from speaking up, they will destroy evidence (such as delete logs or emails).
2) Who will investigate my grievance? That is for your employer to decide but it should be someone who is trained to do it and can be independent. If there is no such person who works for your employer, you could ask them to appoint someone external.
3) Can I be fired for raising a grievance? This is rare in our experience as it would typically be very risky for your employer to do so. especially if it concerns discrimination or a breach of some kind of legal obligation by the employer. They could face a number of legal claims from you. Take advice if you think this has happened.
4) What happens if my grievance is not upheld? Nothing. Work continues as normal. It is common for an investigation to find that there was no bullying but to recognise that the person causing you issues could have behaved better, in which case the person causing you issues will often be asked to attend training or coaching. This can be an effective way of getting them to change their conduct. Should they fail to change their behaviour, the employer is likely to take it more seriously next time.
5) What are the downsides of filing a grievance? The process can be stressful and can damage relationships. It is quite an adversarial process, so leaves people at the end feeling like they have either won or lost depending on whether the investigation finds bullying or not. It should however not have any formal adverse consequences for you. Retaliation against employees for filing a complaint is prohibited.
6) What if I am retaliated against for raising a grievance?
Retaliation against employees for filing a complaint is prohibited. You should report any such behaviour immediately as it may constitute further grounds for complaint both internally and, potentially, legally. Take advice if you think this has happened.
7) My employer does not have a grievance policy, what should I do?
Just file a grievance anyway and reference the fact that this is in line with ACAS Code of Practice on Disciplinary and Grievance Procedures.