Should I Raise a Grievance for Discrimination at Work?

If you are being treated unfairly at work because of your race, sex, disability, age, religion or belief, pregnancy or maternity, sexual orientation, gender reassignment, marriage or civil partnership, or another protected characteristic under the Equality Act 2010, you may be wondering what steps you should take. One of the most common questions employees ask is whether they should raise a formal grievance before pursuing a claim in the Employment Tribunal. In many cases, the answer is yes. Raising a grievance for discrimination at work can be an important step in protecting your position. It creates a formal record of your concerns, gives your employer an opportunity to investigate and address the issue, and may help resolve the matter without the need for Tribunal proceedings. However, every case is different. There is no automatic legal requirement to raise a grievance before bringing a discrimination claim, and there are situations where doing so may not be practical or appropriate.  This guide explains when it makes sense to raise a workplace discrimination grievance, what to include in a discrimination grievance letter, and how the grievance process may affect a future Tribunal claim. What Is a Grievance for Discrimination at Work? A grievance is a formal complaint raised by an employee about a workplace issue. If you believe you have been subjected to discrimination, harassment, victimisation, or other unfair treatment because of a protected characteristic, you can use your employer’s grievance procedure to raise those concerns formally. A workplace discrimination grievance might relate to: Racist, sexist, homophobic, or discriminatory comments Disability discrimination A failure to make reasonable adjustments Pregnancy or maternity discrimination Unequal treatment in recruitment, promotion or pay Discriminatory disciplinary action Discriminatory dismissal Bullying or harassment linked to a protected characteristic Victimisation following a discrimination complaint A formal grievance creates a written record of your concerns and usually requires your employer to investigate and respond. Do I Have to Raise a Grievance Before Bringing an Employment Tribunal Claim? No. There is no legal requirement that says you must raise a grievance before bringing an Employment Tribunal claim for discrimination. However, in many cases it is sensible to do so. The Acas Code of Practice on Disciplinary and Grievance Procedures encourages employees to raise workplace concerns through their employer’s grievance procedure and requires employers to deal with grievances fairly and without unreasonable delay. Raising a grievance gives your employer an opportunity to investigate the allegations and, where appropriate, take steps to address the problem. If an employer unreasonably fails to follow the Acas Code when dealing with a grievance, an Employment Tribunal may increase compensation by up to 25% where it considers such an adjustment just and equitable. Likewise, where an employee unreasonably fails to comply with the Acas Code, a Tribunal may reduce compensation in certain circumstances. However, failing to raise a grievance does not automatically prevent an employee from bringing a discrimination claim and does not automatically lead to a reduction in compensation. The Tribunal will consider the circumstances of each case. There may be good reasons why an employee did not raise a grievance before commencing legal proceedings. Why Raising a Grievance Can Help It Creates a Formal Record One of the most important reasons for raising a grievance is that it creates a contemporaneous written record of your concerns. A grievance can document: What happened When it happened Who was involved Any witnesses The impact on you This can become valuable evidence if the employer later disputes the facts or if the matter progresses to litigation. It Gives Your Employer an Opportunity to Resolve the Matter A grievance allows your employer to investigate and address the concerns you have raised. Depending on the circumstances, a grievance may result in: An investigation Disciplinary action against another employee Training for managers or staff The implementation of reasonable adjustments Changes to working arrangements A formal apology A negotiated settlement While not every grievance leads to a satisfactory outcome, some workplace disputes can be resolved without the need for Tribunal proceedings. It Demonstrates Reasonableness Employment Tribunals generally expect parties to act reasonably and attempt to address issues through internal procedures where appropriate. Raising a grievance can demonstrate that you gave your employer a fair opportunity to investigate and respond to your concerns before legal action was commenced. It May Support a Constructive Dismissal Claim In some cases, discrimination becomes so serious that an employee feels forced to resign. If you later bring a constructive unfair dismissal claim, a prior grievance may assist in demonstrating that: You raised concerns about the employer’s conduct; The employer had an opportunity to address those concerns; and The employer failed to take appropriate action. Although raising a grievance is not always required, it can strengthen the overall factual background of a constructive dismissal claim. When Might It Be Appropriate Not to Raise a Grievance? There are circumstances where raising a grievance may not be practical or appropriate. For example: The employment relationship has completely broken down; You have already left employment; There is insufficient time before a Tribunal limitation deadline expires; There are genuine concerns that the grievance process will not effectively address the issues raised; You have repeatedly raised the issues informally and they have been ignored; Urgent legal action is required. Every case depends on its own facts and legal advice should be obtained wherever possible. Be Careful About Tribunal Time Limits Going through grievance, disciplinary or appeal procedures does not change your time limit. If those procedures take a long time, you still need to notify Acas before your time limit runs out. Most discrimination claims must be presented within three months less one day of the discriminatory act complained of (or the last act in a continuing course of conduct). If there is any concern about limitation dates, legal advice should be sought immediately. What Should a Discrimination Grievance Letter Include? A discrimination grievance letter should be clear, factual and professional. It does not need to contain legal jargon, but it should provide enough information for your employer to understand the complaint and investigate properly. Your grievance should usually include the following. A Statement That You Are Raising a Formal Grievance Clearly state that you are raising a formal grievance under the company’s grievance procedure. A Description of What Happened Explain the incidents you are complaining about. Include: Dates Locations Individuals involved Relevant conversations Specific examples of discriminatory treatment The more precise you can be, the easier it will be for the employer to investigate. Why You Believe the Treatment Was Discriminatory Explain why you believe the conduct was linked to a protected characteristic. For example: Sex Race Disability Pregnancy or maternity Religion or belief Age Sexual orientation Gender reassignment You do not need to prove your case in the grievance itself, but you should explain why you believe discrimination has occurred. The Impact on You Explain how the treatment has affected you personally and professionally. This may include: Stress or anxiety Damage to your confidence Financial loss Career impact Sickness absence Deterioration in mental health This information helps the employer understand the seriousness of the complaint. The Outcome You Are Seeking Explain what you would like the employer to do. This might include: Conducting an investigation Providing an apology Implementing reasonable adjustments Reviewing workplace practices Providing management training Taking disciplinary action where appropriate Being clear about your desired outcome can assist with resolution. Why Legal Advice Matters Discrimination claims are rarely straightforward. Many employees are unsure whether what they have experienced amounts to direct discrimination, indirect discrimination, harassment, victimisation, or a failure to make reasonable adjustments. The way a grievance is drafted can have a significant impact on how the employer responds and how the matter develops later. Obtaining legal advice at an early stage can help you: Understand your legal rights; Identify the strongest legal arguments; Avoid missing limitation dates; Draft a clear and effective grievance; Prepare for potential settlement discussions or Tribunal proceedings. At KLG Law, we advise employees on workplace discrimination grievances, settlement negotiations, constructive dismissal claims, and Employment Tribunal proceedings. Early legal advice can often make a significant difference to the outcome of a case. Final Thoughts If you believe you have experienced discrimination at work, raising a grievance is often a sensible step. A formal grievance creates a record of your concerns, gives your employer an opportunity to investigate, and may help resolve matters before legal proceedings become necessary. However, there is no automatic legal requirement to raise a grievance before bringing a discrimination claim, and there are circumstances where doing so may not be appropriate. The most important consideration is ensuring that you do not miss any Employment Tribunal deadlines while pursuing an internal grievance. If you are unsure whether to raise a grievance or how to protect your position, obtaining legal advice early can help you make informed decisions and avoid costly mistakes. Contact KLG Law today for confidential employment law advice tailored to your circumstances.