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In this article Chris Hadrill, the partner in the employment department at Redmans, examines how submitting a grievance can assist an employee in negotiating settlement agreement terms

What is a grievance?

A grievance is, essentially, an explanation of complaints that you have (in this context, in the workplace). A grievance can be formal or informal, submitted in writing or verbally.

An ‘informal’ grievance is normally (although not always) verbal in nature, in that you will generally be explaining your complaints ‘informally’ to your line manager (or appropriate third party) with the understanding that these complaints will be acted upon.

A ‘formal’ grievance will generally (although, again, not always) be a last resort for an unhappy employee, as it will generally mean that the employee will submit in writing a formal document detailing what they are complaining about and how they want their complaints resolved.

How can submitting a grievance help you?

Submitting a grievance, whether formally, or informally, can achieve the following results:

  1. It will serve as a contemporaneous statement of exactly what problems you have been experiencing – this can be helpful not only in the context of resolving your grievance but can also assist in negotiating settlement agreement terms or as evidence in a claim to the Employment Tribunal
  2. It will notify your employer that you have specific complaints about aspects of the workplace, which can often be helpful for employers (as it will allow them to resolve workplace conflicts and make the workplace a more welcoming and productive environment)
  3. It can help to leverage a settlement agreement

What impact can submitting a grievance have on your ability to negotiate a settlement agreement?

Submitting a formal written grievance can often have a positive impact on your ability to negotiate settlement agreement terms for the following reasons:

  1. It will lay down a version of events that you can rely on when arguing about your potential claims
  2. It will signal to your employer that you are serious about pursuing your complaints, whether internally through your employer’s grievance process or, alternatively, externally through an Employment Tribunal claim
  3. It will give your employer (or their legal team) the ability to analyse what potential claims you may have and the risk that they fact in you bringing such claims
  4. Dealing with a formal grievance will often be viewed as an extra administrative burden by employers, and avoiding this burden is often a factor for employers when deciding to offer settlement agreements – this normally isn’t the sole factor but often plays a part (whether minor or major)

Top tips for using a grievance to negotiate a settlement agreement

If you’re considering submitting a grievance to your employer in order to assist you in negotiating settlement agreement terms then

  1. Consider also submitting a ‘subject access request’ with your grievance so that you can force your employer to give you information which could be helpful to you in pursuing your grievance process, negotiating settlement agreement terms, and/or pursuing an Employment Tribunal claim, as relevant
  2. Be clear and concise when drafting the grievance and concentrate on relevant points – the clearer your grievance is, generally the more likely it will be taken seriously
  3. When you have submitted your grievance, approach your employer to propose settlement agreement terms – taking a pro-active approach to negotiating a settlement agreement can often be helpful

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

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Testimonials

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Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 1 day ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 5 days ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 5 days ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 6 days ago

Yulian Z

Great service

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Anonymous

Excellent, professional service and a speedy resolution. Many thanks

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Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 6 days ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

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Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 6 days ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

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Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

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Anonymous

Very happy from service received. Highly recommend

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Colin W

Very professional and thorough. Sachs who dealt with the bulk of my case was excellent Thank you. .

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Anonymous

I was generally impressed with the fast turn around, efficiency, responsiveness, and consideration of circumstances. I needed a couple of areas of advice quickly and with Redmans help was able to get to a conclusion quickly and with minimum stress. They were friendly and professional throughout - I'd use them again.

Posted 1 month ago

Anonymous

The guidance and assistance I recently received when using Redman's was fantastic. Caroline & Chris were both very informative and understanding walking me through each step. Thank you.

Posted 2 months ago