Employer ignoring workplace grievance

This is a common and frustrating situation. There are several layers to consider, both in terms of what your employer should be doing and what practical steps are open to you.

What your employer should be doing:

Under the ACAS Code of Practice on Disciplinary and Grievance Procedures, your employer is expected to deal with grievances promptly and fairly. The Code is not legally binding in itself, but employment tribunals are required to take it into account when considering relevant cases. If an employer unreasonably fails to follow the Code, a tribunal can increase any compensation award by up to 25 per cent.

The key obligations under the ACAS Code include acknowledging your grievance without unreasonable delay, arranging a formal meeting to discuss it, allowing you to be accompanied at that meeting, and providing a written outcome with a right of appeal.

If your employer is simply ignoring your grievance, that is likely to amount to an unreasonable failure to follow the Code.

Practical steps to consider:

1. Put your grievance in writing if you have not already done so. Make sure it is clearly labelled as a formal grievance and sent to the appropriate person, whether that is your line manager, HR, or a more senior manager. Keep a copy and proof of delivery.

2. If you have already done this and received no response, send a follow-up letter or email noting that your grievance has not been acknowledged or addressed within a reasonable time. Set a clear and reasonable deadline for a response, for example 5 to 10 working days. Again, keep a copy.

3. If there is a more senior person or an alternative route within the organisation, such as a director, owner, or separate HR function, consider escalating to them directly.

4. Keep a careful record of everything: dates, communications, who you spoke to, and what was said or not said. This evidence will be important if matters go further.

5. If the substance of your grievance relates to something that could form the basis of an employment tribunal claim, such as discrimination, whistleblowing detriment, unlawful deduction from wages, or a breach of contract, be aware that in most cases you must notify ACAS through the early conciliation process before you can bring a tribunal claim. For most tribunal claims there are strict time limits, usually three months less one day from the act complained of, though early conciliation can pause the clock for a limited period.

6. If you are considering resigning because of your employer's conduct, take care. In some circumstances, an employer's failure to address a grievance, particularly when combined with other serious breaches, can amount to a fundamental breach of the implied term of mutual trust and confidence. This could support a constructive unfair dismissal claim. However, constructive dismissal claims carry significant risk. You would need to show that the employer's conduct was a fundamental breach, that you resigned in response to it, and that you did not delay too long before resigning. It is a high bar, and you should not resign without understanding the consequences.

7. Consider whether ACAS early conciliation would be useful. This is a free and confidential process where ACAS tries to help you and your employer reach an agreement without going to tribunal. You must go through this step before issuing most tribunal claims.

8. If your grievance involves a matter that falls within the remit of a regulator or ombudsman, for example health and safety concerns reported to the HSE, or whistleblowing concerns, there may be additional routes open to you.

Important things to bear in mind:

There is no standalone legal right to have a grievance resolved in your favour. The grievance process is an internal mechanism, and your employer's failure to follow it does not by itself give rise to a freestanding tribunal claim. What it does is strengthen any related claim you may bring, and may lead to an uplift in compensation.

Time limits are strict and can be unforgiving. If you think you may have a tribunal claim, do not wait to see whether the grievance is eventually dealt with. The clock runs from the date of the act you are complaining about, not from the date your employer finally responds.

If you can give me more detail about what your grievance relates to, when you raised it, and how your employer has responded (or not), I can give you more targeted guidance on your options.