If you have a problem at work, there are a number of formal and informal ways that you can sort things out.
First of all work out what the problem is, but don't automatically assume your employer is behaving unreasonably. The problem may be a simple mistake or misunderstanding and easily put right. For example:
If you decide there's a real problem, talk it through first with your line manager, personnel department, colleagues or trade union to see if it can be sorted out informally. It's a good idea to keep notes, in case you need to establish what was discussed later on.
You can contact the Labour Relations Agency (LRA) on 028 9032 1442 from - 8.00 am to 5.00 pm, Monday to Friday for help and advice. They'll be able to tell you about technical issues (for example, time limits for complaining). You can also:
If the informal way doesn't work, the next step will probably be to make a formal complaint under the grievance procedure, unless, for example, you have been dismissed.
You should follow certain statutory minimum steps, along with any procedures that your employer might have. If you haven't got a copy of your employer's procedures, ask for one. Although you might end up claiming to an Industrial Tribunal or the Fair Employment Tribunal, you must (almost always) have followed the statutory grievance procedure first. Unless you've been dismissed, a tribunal normally won't accept your case if you haven't raised a grievance first.
The statutory process has three stages:
This should clearly explain the problem.
Once your employer has investigated the problem, they'll invite you to a meeting to discuss the situation and make a decision. If you like, you can invite a companion to attend this meeting with you.
If you're unhappy with the decision that has been reached, you can appeal. it. The appeal hearing is usually led by a more senior manager than the one who dealt with your original grievance. Normally there will be no further right to appeal under your employer's grievance procedures, but you can of course still take your claim to a tribunal.
If the grievance procedure doesn't work, you need to decide if you want to take it further. Before you do, it's important to understand your rights and what your employer must do. Is your employer breaking the law, or are they just being tough and unsympathetic? Read the articles on this site that most closely match your problem.
It may help to get a statement of the main employment rights that apply to you. For example, if your employer is trying to change your shift pattern against your will, read the article on changes to employment conditions. If you feel you're being intimidated or harassed by a colleague, read the articles on bullying and discrimination to find out where you stand. Next, think about the result you want - make sure that it is realistic and achievable.
Before complaining to a tribunal, you could try an alternative way to sort out your problem. For example mediation or conciliation may be useful. This is where an impartial expert talks to both sides and helps you come up with a solution. Your employer will need to agree to this. You could also try arbitration; this is where an impartial third party makes a decision between you and your employer.
You don't have to try these options, but it may be easier and cheaper for you if you do.
If you’ve tried an alternative way of sorting out the problem and it hasn’t worked, you may be able to complain to an industrial tribunal or the Fair Employment Tribunal.
First of all, you need to find out whether the issue that concerns you can be dealt with by a tribunal. If it is, then you need to decide if it is worth the time, effort and possible cost in going forward. Employment rights disputes are dealt with two types of tribunal and are like informal courts, they are industrial tribunals and the Fair Employment Tribunal. County Courts also deal with some employment-related issues, like breach of contract. Remember, before taking legal action you should always get advice.
A tribunal can only decide cases relating to specific rights, so be sure that you know what you're claiming. For example, if you're complaining about not being paid, it's called 'unlawful deductions from wages'. If your employer treats you less well because you're disabled, it's 'disability discrimination'. If your employer has treated you so badly that you've been forced to leave, this is called 'constructive dismissal'.
The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.
Employment
