Appealing a workplace grievance procedure

If you have raised a workplace grievance and your employer has reached a decision that you are not satisfied with, find out about making an appeal. There might be other ways to resolve the problem.

Appealing your employer's decision

If you are not satisfied with the decision your employer has reached on your grievance, or think the procedure was flawed, you should be able to appeal the decision.

You must make your appeal in writing without unreasonable delay. Your employer should give you enough time to appeal - the deadline for the appeal should be set out in your employer's written procedures. If they do not give any information on this, make your appeal anyway and say that you will provide more information later.

Make an effort to follow your employer's procedures. If you end up making a claim to an Industrial Tribunal or Fair Employment Tribunal, it will consider this when it makes its judgment.

In your written appeal to your employer state why you are appealing their decision, clearly explaining why you don’t agree with it. Your employer should then arrange a further meeting with you to discuss your appeal. Where possible, a different and more senior manager should deal with your appeal.

The appeal hearing is run similarly to the original meeting and you have a right to bring a companion, as before. After the appeal meeting, your employer should write to tell you their final decision.

Explore alternatives

If you are still not happy with your employer’s decision, you may want to consider other ways of resolving your grievance.

Where attempts to resolve the problem by other means do not work, or are not appropriate, you might consider pre-claim conciliation procedures, or you could consider making a claim to an Industrial Tribunal or Fair Employment Tribunal. You should be aware that Industrial Tribunals and Fair Employment Tribunals will take the LRA Code into account when considering claims.

Employment-related Tribunals

Not following grievance principles

An Industrial Tribunal or Fair Employment Tribunal will not automatically find you or your employer liable (legally at fault) if these principles are not followed. However, any unreasonable failure to follow the Code by either you or your employer could lead to an adjustment of the amount you are awarded. If a tribunal upholds your claim, your award could be adjusted by up to 50 per cent.

Labour Relations Agency Code of Practice (LRA website)

Protection when raising a grievance

You should not be dismissed or disadvantaged for raising a genuine grievance about one of your statutory employment rights, such as discrimination. For example, your career prospects shouldn’t be negatively affected.

The law also protects you from losing your job and/or being victimised if you are making a disclosure in the public interest or 'blowing the whistle'.

Protection of whistleblowers

Where to get help

The Labour Relations Agency (LRA) offers pre-claim conciliation and free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland.