Solve a workplace dispute

Overview

Problems with your employer usually fall into one of two categories:

• grievances - when you raise your concerns, problems or complaints with your employer
• disciplinaries - when your employer has concerns about your work, conduct or absence

Explain your concern to your manager to see if you can sort out any problems informally. You may find it helpful to suggest what you would like them to do to solve your problem.

Your employer should discuss any disciplinary issues with you informally first. These issues could lead to formal disciplinary action, including dismissal in more serious or repetitive cases.

Right to be accompanied

You have the right to be accompanied to grievance or disciplinary meetings (and any appeals) by either a:

• colleague or trade union representative
• family member or Citizens Advice Bureau worker if this allowed - check your employment contract, company handbook or human resources intranet site

Formal procedures

You can make a formal grievance complaint or face formal disciplinary action if you weren’t able to resolve your problem informally.

Grievances

You can make a formal grievance complaint if you’ve tried solving a problem by talking to your manager but you’re not satisfied.

Your employer should put their grievance procedure in writing. You should be able to find this in your:

• company handbook
• human resources (HR) or personnel manual
• HR intranet site
• employment contract

Your employer’s grievance procedure should include these steps:

• writing a letter to your employer setting out the details of your grievance
• a meeting with your employer to discuss the issue
• the ability to appeal your employer’s decision

Read the ‘Acas guide on discipline and grievances at work’ for more information.

Disciplinary action

You might face disciplinary action if your employer has decided they have a serious issue with you or your work.

Your employer should put their disciplinary procedure in writing and it should contain:

• your employer’s disciplinary procedure rules
• what performance and behaviour might lead to disciplinary action
• what action your employer might take and your right to appeal

Read the ‘Acas guide on discipline and grievances at work’ for more information.

Suspension from work

If you are facing discipline over a serious issue, your employer may be able to suspend you during the time leading up to a disciplinary meeting.

Check your employment contract, company handbook or HR intranet site to see if you’re entitled to be paid when suspended.

Using the Acas Code of Practice

If either you and your employer don’t follow the Acas Code of Practice on disciplinary and grievance procedures and you go to an employment tribunal, the result of your claim could be affected. In this situation a tribunal can adjust the amount of compensation awarded by up to 25%.

Appeals

You can appeal the result of a grievance or disciplinary procedure. Your appeal must be in writing.

Appeals procedure

Your employer’s grievance and disciplinary procedures will set out:

• who you should submit your appeal to
• the time limit within which an appeal must be made
• any meetings that will be held and
• how the appeal meeting will be run

You have the right to be accompanied during any appeal meetings.

Mediation, conciliation and arbitration

You can get help from a third-party to solve disputes between you and you employer. The main ways you can do this are through:

• mediation
• conciliation
• arbitration

Mediation

Mediation is when an independent and impartial third party discusses a problem with you and your employer (or between you and another employee) to try and find a solution. It’s often used after informal discussions haven’t come up with a solution.

Mediation is voluntary and the mediator can’t force you or your employer to accept a solution. Both you and your employer must agree on the way to solve the dispute.

You can also find a mediation service on the Civil Mediation Council website.

Conciliation

Conciliation is similar to mediation but is normally used when:

• you believe you may be entitled to make a claim to an employment tribunal
• you have already made a claim to an employment tribunal

Conciliation is voluntary - both you and your employer must agree to it before it happens.

Acas can offer a free service to help to settle a claim or potential claim.

Arbitration

Arbitration is when a third-party makes a firm decision on a case after considering all the issues.

You and your employer must agree to an arbitrator’s decision being legally binding. If you don’t agree, you can still take a case to an employment tribunal.

Tribunals

If you have been unable to solve a problem between you and your employer, you may have to go to an employment tribunal.

At the tribunal, you and your employer will present your cases, answer questions and the tribunal will make a decision.

Help and advice

Call Acas, contact Citizen’s Advice or speak to your trade union or staff representative for help and advice.