Raising a grievance in Northern Ireland

There is no legally binding grievance process in Northern Ireland. What exists is the Labour Relations Agency (LRA) Code of Practice, which sets out principles of reasonable behaviour, and tribunals take it into account. The Code’s steps are an informal conversation first, then a written grievance, a meeting, a written decision and an appeal. An employer or employee who unreasonably ignores it can see a tribunal award adjusted by up to 50 per cent.

Start informally

nidirect advises you to try talking to your employer informally before raising a formal grievance. That might be a conversation with your line manager. If it does not settle the matter, move to the written route.

Find the procedure

Employers should have a grievance procedure in writing, in a handbook, an HR manual, the intranet or your contract. At the very least, your employer must give you in writing the name of the person you can apply to for redress. If there is no procedure, the LRA Code gives the guidance to follow. If you cannot find it, ask HR or your union rep.

Put it in writing

Write to your employer as soon as you think you have a grievance. Give the details, and say how you would like it resolved if you can. Date the letter and keep a copy.

The meeting

Your employer arranges a first meeting at a reasonable time and place, and you should make every effort to attend. You can write notes and read them out. The employer runs the meeting, trying to establish the facts and find a resolution. If more investigation is needed, the meeting may be paused and picked up later.

Taking a companion

You have a statutory right to be accompanied at a grievance hearing, but you have to ask. The companion can be a colleague, a certified lay trade union official or a trade union official. If none is available you can ask for someone else, but the employer need not agree unless your contract requires it. A companion can present or sum up your case, speak on your behalf and speak to you during the hearing. They cannot answer questions for you. They are protected from unfair dismissal or mistreatment for supporting you. The trade unions guide explains what a rep can do.

The decision

After the meeting, your employer should write to you without unreasonable delay, stating any action it will take to resolve the grievance.

Appealing

If you are unhappy with the outcome or think the procedure was flawed, appeal in writing without unreasonable delay. The deadline should be in the employer’s written procedure. If none is given, appeal anyway and say you will add more information later. State clearly why you disagree with the decision.

The employer arranges a further meeting, ideally with a different and more senior manager. It runs in much the same way as the first meeting, and the right to a companion applies. A final decision follows in writing.

If you are still unhappy

nidirect suggests looking at other ways to resolve the problem, such as the LRA’s guidance on handling discipline and grievances. If you go to the Industrial Tribunal or the Fair Employment Tribunal, you must first notify the LRA and discuss early conciliation. This has applied since 27 January 2020. The page gives no time limit for tribunal claims, and the general rule on nidirect’s tribunal page is three months from the incident, so check the date quickly. See industrial tribunals in Northern Ireland.

The adjustment of up to 50 per cent applies only where either side has unreasonably failed to follow it and a claim succeeds.

Protection

You should not be dismissed or disadvantaged for raising a genuine grievance about a statutory right, such as discrimination. Whistleblowing disclosures in the public interest are protected too. The whistleblowing in the public sector guide covers those.

What to check

• Whether your employer’s procedure sets a deadline for raising or appealing.
• That your letter is dated and you have a copy.
• Who will hear your grievance and who will hear the appeal.
• The date by which any tribunal claim would have to be made.

Free, confidential advice comes from the Labour Relations Agency and Advice NI, and from your union if you are a member. The raising a grievance guide covers the general principles, and disciplinary procedures in Northern Ireland covers the other side of the same rules.