Disputes at work

Try to settle the dispute by agreement

Workplace problems may arise from time to time in even the best-run businesses. Reasons vary – you may believe you have not been given your statutory rights at work, or because you feel you have been discriminated against. Whatever the reason its best to talk it through when it happens.

You may be able to resolve a minor dispute through an informal meeting. More serious disputes may require a formal meeting and negotiations, such as the use of disciplinary and grievance procedures.

Many employers already have fair and comprehensive disciplinary and grievance procedures. Make sure you know what they are. They can help you discuss your concern in a structured way that clarifies the problem, identifies a solution and avoids time consuming and costly – both financially and emotionally – legal action.

This approach stops problems escalating and working relationships breaking down.

Seek advice to help you negotiate

First identify whether your employer has disciplinary and grievance procedures. If they exist make sure you understand them.

You can always get further help from:

the ACAS ( The Advisory, Conciliation and Arbitration Service) helpline;
your trade union;
a Citizens Advice Centre, Law Centre or other organisation offering free specialist advice.

If your employer offers a ‘compromise agreement’ and compensation if you drop your claim, seek legal advice first because:

this would prevent you from bringing an unfair dismissal claim to an Employment Tribunal;
the agreement would only be valid if you had received independent legal advice about its effects before signing it from an adviser completely independent from your employer. Many employers would pay for you to get this advice.

Disciplinary and grievance procedures where you work

From October 2004, employers and employees will be required to follow a minimum three-stage process to ensure that disputes are discussed at work. A similar three-part structure will apply for both disciplinary and grievance matters.

Grievance procedures

If you are unhappy about the way you have been treated at work, check your contract or your staff handbook to see how grievances should be raised at your workplace.

You should be given the opportunity of discussing your complaint with a senior manager or your line manager, or your employer if you work in a small firm. Then, if possible, there should be someone more senior to appeal to if you are not satisfied.

If you are not given the opportunity to try to resolve your grievance, this could be a breach of contract.

Do not resign before getting specialist advice about whether you have any grounds for bringing a claim before an Employment Tribunal.

Disciplinary procedures

Disciplinary procedures at your place of work should be fair, transparent and efficient. Your contract or staff handbook may contain information about any disciplinary rules. At the very least, you should be:

told why you are being disciplined;
given an opportunity to give an explanation or put your side of the story; and
allowed to appeal if you are unhappy with the outcome.

Right to be accompanied

If you wish, your employer must allow you to have a colleague to accompany you to a hearing. Your colleague can speak with you at the hearing but cannot answer questions for you. If this is refused, you can make a complaint to an Employment Tribunal within three months.

Is your dismissal unfair?

What is a dismissal?

A dismissal is when your contract of employment comes to an end, either because:

your employer ends it, with or without notice;
you are on a fixed-term contract which expires without being renewed on the same terms;
you resign in circumstances where your employer’s behaviour allows you to treat the employment relationship as at an end, or
it is a summary dismissal

Notice and reasons for dismissal

Although your employer can dismiss you for any reason with proper notice, the dismissal may not be lawful.

After one year’s continuous employment, you can ask for the reasons for your dismissal to be given to you in writing within 14 days. The written reasons provided by your employer can be used as evidence in an unfair dismissal claim.

Who can claim unfair dismissal in an Employment Tribunal?

You must be an employee and have worked for your employer for at least one year to be able to claim unfair dismissal. In claims for automatically unfair dismissal, this period of employment is not necessary.

You cannot make a claim if, for example, you are in the police service, nor if your contract is illegal, for example, see “Pay” leaflet. There may also be an age restriction.

Fair or unfair dismissal: how the Tribunal decides

Your employer must show that the reason for your dismissal, or the main reason, was for one of five potentially fair reasons:

Your (lack of) capability or qualification to do the work.
Your conduct.
There is a genuine redundancy and you have been selected fairly, and you have been consulted or offered other options to consider.
There is a statutory restriction, for example, if you are disqualified from driving and this is an essential part of your job.
There is some other substantial reason.

The dismissal process must have been conducted in a fair way. If there is no fair disciplinary procedure at your place of work, this can be a reason for finding a dismissal unfair.

Automatically unfair redundancy or dismissal

Your dismissal would be automatically unfair if you proved it was the result of:

your pregnancy, or maternity leave;
your request for Parental Leave or time off for dependants;
taking steps to protect yourself or others at work, when you believed there was a serious danger to health and safety;
membership of a trade union, or refusal to join a union, or taking part in union activities at an appropriate time (that is, outside working hours or in working hours with the employer’s consent);
being selected for redundancy for any of the above reasons;
asserting a statutory employment right, if you can show that this was the principal reason for your dismissal;
the business you work for being sold or transferred to another owner.

Redundancy and unfair dismissal

Selection for redundancy is unfair when:

there is no genuine redundancy situation;
you have not been consulted or offered other options to consider; or
you have been selected unfairly.

Constructive dismissal

Constructive dismissal is where you feel you will be forced to resign because your employer has not kept to the terms of your contract. You must seek legal advice before taking any action.

Wrongful dismissal

If your employer breaks or changes any term in your contract, you may have grounds to sue and get damages for your loss.

If your contract is ended without proper notice, you may be able to bring a claim for wrongful dismissal.

Employment Tribunal claim

Preparing to claim in the Employment Tribunal (ET)

Taking a complaint to Employment Tribunal should always be a last resort. Tribunals take time and there is no guaranteed outcome. The ET process can leave the relationship with your employer so damaged that you no longer feel comfortable working for them.

Before making an application to the ET be very clear what you want to achieve and seek some expert advice first.

Free help with your application may be available from your trade union, Citizens Advice or a law centre.

There might be financial help for a solicitor’s advice but generally not for paying a solicitor to represent you at the Tribunal.

You can represent yourself at a Tribunal or be represented by a trade union official, an advice worker or a lawyer. At present there is no charge for starting a Tribunal case.

Application to the Employment Tribunal

Most claims must be brought within three calendar months, less one day, of the event that you are complaining about. Tribunals are very strict about time limits, and you should always try to bring your claim within the correct time limit. Seek advice on the relevant dates in your case.

Application Form ET1 and an explanatory booklet are obtainable from your local Jobcentre Plus, Citizens Advice.

Review or appeal following tribunal decision

If the Tribunal does not find in your favour, you may be able to ask within 14 days for a review of its decision, or to appeal within 42 days. You will need specialist advice on this.

If you do appeal, financial help to pay for legal representation may be available, depending on your income.

Always remember, if you have a problem about exercising your rights, the quickest and most effective way to resolve an issue is to speak with your employer, and to seek specialist advice before considering formal action.