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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

4.78 Average

138 Reviews

Richard O

Chris at Redmans is my go-to legal expert when it comes to employee-related matters. His depth of knowledge, experience and considered approach to problems and their solutions is highly valuable. I cannot recommend Redmans highly enough.

Posted 2 days ago

Rory Y

They provide me with timely and clear advice!

Posted 2 days ago

Steven C

Redmans handled my settlement with my employer quickly, decisively and to a standard that I was very happy with. I would in similar circumstances contract them again

Posted 2 days ago

Deepthi K

Transparent. Clear communication. Prompt reply’s. Saves lot of time. Very satisfied.

Posted 2 days ago

Anonymous

Chris and Sacha did a fantastic job and negotiated a significant better settlement agreement

Posted 2 days ago

Dino D

I did get a very swift and god service from Redmans

Posted 2 days ago

Stephanie H

Clear, prompt, effective support from Chris which has been very much appreciated. Thank you again.

Posted 1 week ago

Anonymous

I would highly recommend Redmans Solicitors, the team were very friendly and my case was dealt with professionally and efficiently. Thank you!

Posted 1 month ago

Shane M

Very professional, welcome advice at a crucial time. Always available and reasonable cost.

Posted 1 month ago

Anonymous

My case was relatively straight-forward. But even so, working with Redmans was easy, quick, professional & clear. Many thanks

Posted 1 month ago

Anonymous

The team were very helpful and answered all my questions regarding my redundancy. Initially I had a call with one of the representatives who escalated my request to a suitable employment solicitor. We arranged a call to discuss the settlement and she helped answer all my questions. We then mainly contacted through email which helped resolve the settlement quickly and convently. Thanks for all the help.

Posted 1 month ago

Djaouida T

You have good communication.

Posted 1 month ago

Anonymous

Fast and professional. A highly recommended company for employment related issues.

Posted 1 month ago

Anonymous

Very professional service.

Posted 1 month ago

Brittany

I was very grateful for Redmans to treat my case with respect and discretion. At the time, I was very new to London and it was meaningful to have someone on my side and win the case for me. Without any doubt, I would definitely recommend Redmans Solicitors to anyone who is in need of it.

Posted 9 months ago

Jake L

Chris is very professional and calm. Very attentive and patient, been a positive experience having Chris represent me, and would recommend him.

Posted 10 months ago

Anonymous

Excellent service. It was a pleasure to work with Chris H, who is brilliant at what he does and very efficient. Their Senior Associate Rana T. is also very knowledgeable and resolves any queries speedily and efficiently. My issue could unfortunately not be resolved, but that was due to my employer and not the firm. Redmans however did all they could. I would definitely recommend them.

Posted 10 months ago

Anonymous

Very pleasant and quick to deal with. Mnay thanks.

Posted 11 months ago

Anonymous

Easy to get hold of. Quick.

Posted 11 months ago

Owen J

Very helpful, efficient service.

Posted 11 months ago

Anonymous

I am very lucky that I worked with Mr. Chris Hadrill and he managed my case very progressively with an analytical approach and trustfully. Of course with a very positive result. I strongly recommend Mr. Hadrill to any one seeking for a successful result from a highly qualified solicitor.

Posted 11 months ago