How to Raise a Workplace Discrimination Grievance

A workplace discrimination grievance is a formal complaint raised by an employee or worker about unlawful treatment linked to a protected characteristic. It is part of an internal dispute resolution process that should be handled by the employer before matters escalate to an Employment Tribunal.

Grievances are commonly used in cases involving discrimination under the Equality Act 2010. They can address issues such as harassment, unfair treatment, failure to make reasonable adjustments, or victimisation after raising concerns.

While raising a grievance is not always legally required before bringing a tribunal claim, it is a key procedural step that may influence how a case is viewed later, particularly in relation to the ACAS Code of Practice.

What a Workplace Discrimination Grievance Is

A grievance is a written complaint raised with an employer about a workplace issue that cannot be resolved informally.

In discrimination cases, it typically involves allegations such as:

• Unfair treatment due to race, sex, disability, age, religion, or other protected characteristics
• Harassment or offensive behaviour in the workplace
• Failure to make reasonable adjustments for disability
• Victimisation after raising a complaint or asserting legal rights

Employers are expected to operate a formal grievance procedure that is fair, transparent, and accessible.

When a Discrimination Grievance Should Be Raised

A grievance may be appropriate where:

• Informal discussions have not resolved the issue
• The conduct is serious (for example, harassment or bullying)
• There is ongoing discriminatory behaviour
• The employee does not feel safe or appropriate raising concerns informally
• A record of events is needed for future legal action

In many cases, raising a grievance early can help establish a clear written record of concerns.

Step 1: Check the Employer's Grievance Procedure

Most employers are legally required to have a written grievance procedure outlining:

• Who to submit the grievance to
• How the process works
• Timeframes for meetings and responses
• The right of appeal
• The right to be accompanied at meetings

The procedure is usually found in:

• Employment contract
• Staff handbook
• HR policy documents

Following the correct procedure is important, as tribunals may consider compliance when assessing conduct and compensation.

Step 2: Attempt Informal Resolution (Where Appropriate)

Before submitting a formal grievance, many workplace policies encourage informal resolution.

This may involve:

• Speaking to a line manager
• Raising concerns directly with the individual involved
• Seeking mediation through HR

However, informal steps may not be suitable in cases involving:

• Serious harassment
• Discrimination by management
• Whistleblowing concerns
• Repeated or escalating conduct

Step 3: Write the Formal Grievance

A discrimination grievance should be submitted in writing. It should be clear, factual, and structured.

Key information to include:

• Your name and job role
• Dates of incidents
• Names of individuals involved
• Description of events in chronological order
• Explanation of why the conduct is discriminatory
• Reference to the relevant protected characteristic

Structure guidance:

• Start with a brief summary of the complaint
• Set out events in date order
• Identify patterns of behaviour if applicable
• Explain the impact on working conditions or wellbeing
• State what outcome is being sought

The grievance should avoid emotional language and focus on factual detail.

Step 4: Submitting the Grievance

The grievance is usually submitted to:

• A line manager (if not involved)
• HR department
• A designated senior manager

If the complaint involves a manager, it should be directed to an alternative senior contact.

Employers should acknowledge receipt and begin the formal process without unreasonable delay.

Step 5: The Grievance Meeting

After receiving the grievance, the employer will typically arrange a meeting.

The employee has the right to:

• Explain their complaint
• Present supporting evidence
• Be accompanied by a colleague or trade union representative
• Ask questions and respond to the employer's comments

Employers are expected to carry out reasonable investigations before reaching a decision.

Step 6: Investigation and Decision

The employer may:

• Review documents and emails
• Interview witnesses
• Consider workplace policies
• Assess whether discrimination has occurred

After the investigation, the employer must provide a written outcome stating:

• Findings
• Reasons for the decision
• Any actions to be taken

Possible outcomes include:

• Upheld grievance
• Partially upheld grievance
• Not upheld grievance
• Organisational recommendations (training or policy changes)

Step 7: Appealing the Outcome

If the outcome is unsatisfactory, the employee can submit an appeal.

Appeals should:

• Be made in writing
• Set out reasons for disagreement
• Be heard by someone not previously involved in the case

The appeal decision is usually final within the internal process.

ACAS Code of Practice and Legal Impact

The grievance process is guided by the ACAS Code of Practice on disciplinary and grievance procedures.

Key legal significance:

• Tribunals consider whether the Code has been followed
• Compensation can be increased or reduced by up to 25% for unreasonable non-compliance

This means both employers and employees are expected to follow fair and reasonable procedures.

Interaction with Employment Tribunal Claims

A grievance is not mandatory before bringing a tribunal claim, but it may be relevant to:

• Evidence of discrimination
• Timeline of events
• Reasonableness of conduct
• Settlement discussions during ACAS Early Conciliation

Some claims may proceed directly to tribunal after completing Early Conciliation with ACAS.

Common Issues When Raising a Grievance

1. Employer delay or lack of response

Delays may breach expected procedural standards and affect fairness assessments.

2. Overlapping disciplinary and grievance processes

Where both arise, employers may pause one process or run them concurrently depending on the facts.

3. Fear of retaliation

Victimisation after raising a grievance is itself unlawful under the Equality Act 2010.

4. Insufficient detail in grievance letter

Vague complaints may weaken the investigation process and later tribunal evidence.

Practical Considerations

• Keep a clear written record of all incidents
• Retain emails, messages, and relevant documents
• Follow the employer's written procedure carefully
• Maintain a factual, structured approach in all communications
• Be aware of tribunal limitation periods (usually 3 months less 1 day for discrimination claims, subject to ACAS Early Conciliation pause)

Key Takeaways

Raising a workplace discrimination grievance involves submitting a formal written complaint under the employer's grievance procedure, setting out factual allegations of discriminatory treatment under the Equality Act 2010. The employer must investigate, hold a meeting, and provide a written outcome with a right of appeal.

The process is governed in practice by the ACAS Code of Practice, which can influence tribunal compensation if not followed. While not always required before tribunal proceedings, a grievance often plays an important role in documenting discrimination and supporting later legal action.