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Remember:  There is no substitute for legal advice on the actual situation you find yourself in. The information posted on this site is for general information only, is based on UK law and should not be relied upon without specific legal advice, which is what I’d strongly recommend. If you can’t find the answer to your question or want to comment on this posting, email:  info@reculversolicitors.co.uk or call 0207 324 6271.

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Question:

I’m unhappy with how my employer is treating me. I’m still employed by them. I’m thinking about suing. What should I do?                

 

 

Answer:

The answer to this question will depend of course on the particular circumstances that you find yourself. Often issues can be sorted out by having an informal discussion with the line manager. However if the employee is contemplating suing, it is presumably a fairly serious problem.

 

Employers should all have a Grievance policy in place, and if the matter cannot be resolved informally, normally the employee should raise a formal written grievance with the employer. It is wise for employees to set out as much detail in their grievance as is necessary for the employer to understand what the problem is. Employees should also put in the grievance what remedy they are seeking from the employer.

 

Employees are not obliged to issue a written grievance before bringing a claim in the Employment Tribunal. However if an employee fails to pursue the internal grievance procedure before bringing an Employment Tribunal claim, the Tribunal has the discretion to reduce any award by up to 25%. For this reason if for no other, it is certainly worth raising a written grievance.

 

See also our page on grievance companions

 

Last updated: July 2010.  

 

James Carmody

Employment Solicitor

 

Reculver Solicitors

12-16 Clerkenwell Road

London EC1M 5PQ

 

www.reculversolicitors.co.uk

info@reculversolicitors.co.uk

Tel 0207 324 6271

 

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