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Information » Employment & Training » Being Employed » Enforcing Rights in the Workplace

  • If you have a problem with your employer you should usually try to sort it out informally first. Normally the process would start by discussing your problems with your line manager or supervisor.
  • If this doesn't work or you have difficulty talking to your line manager or supervisor, or you feel your problem lies with them, then if you belong to a Union you can also talk things over with your Union Rep or Shop Steward (see our article on Unions).
  • If this doesn't work, you should follow the special three-step grievance procedure which all employers are required to have by law. This means you must:
    • send your employer a written statement, setting out your grievance, and give them at least 28 days to respond
    • meet with your employer to discuss your grievance
    • appeal against your employer's decision if you are not happy with it.
  • If you have followed this procedure and are still not happy with the outcome, you can take your case to an employment tribunal. You should bear in mind that if you haven't followed the grievance procedure properly first, the employment tribunal may decide to reduce any compensation it awards you.
  • Employment tribunals (industrial tribunals in Northern Ireland) are legal bodies which deal with complaints about employment rights. A tribunal is made up of a legally qualified chairperson and two other people representing the employer's and the employee's sides of industry.
  • A tribunal can deal with problems on the following:
    • written statement of terms and conditions
    • maternity rights
    • holiday rights
    • itemised pay statement
    • unpaid wages
    • sex discrimination/equal pay
    • race discrimination
    • disability discrimination
    • age discrimination
    • discrimination because of sexual orientation
    • discrimination because of religion or belief
    • some health and safety problems
    • unfair dismissal and redundancy.
  • In some cases you will have to raise a written grievance with your employer before you can make a claim to an employment tribunal.
  • If you complain to an employment tribunal (industrial tribunal in Northern Ireland) you may risk losing your job.
  • There are time limits within which you must take a case to a tribunal. These vary but generally a claim for unfair dismissal/illegal deduction from wages/discrimination must be made within three months of the last day worked, or of the date of the last deduction or of the date of the discriminatory act. This time limit may be extended if you have raised a written grievance with your employer.
  • A claim for redundancy pay must normally be made within six months of leaving the job. It is very important therefore that if you are considering making a claim to an employment tribunal you should get help from an experienced adviser as soon as possible, for example, at a Citizens Advice Bureau (see link below).

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