If you are unsure of your legal position, a good first step is to contact ACAS for advice.

ACAS is an independent body that provides free and confidential advice on employment issues. ACAS can provide you with information, and discuss the benefits and risks of the different options available.

Discussing the issue informally with your employer can lead to a quick resolution.  

When raising an issue with your employer, they may decide to deal with the problem right away, or take some time to consider it. Often, they will arrange an informal meeting to discuss possible solutions. It may be helpful to bring evidence to this meeting about the issue you are concerned about.

In many cases an acceptable solution can be agreed. If not, you may wish to take further action.

You can raise a formal grievance against your employer if you believe it to be more appropriate, or if you are unable to resolve the issue informally.

Your employer should have their own grievance procedure which should be easily accessible and clear. It should follow the guidance which is set out in the ACAS Code of Practice on disciplinary and grievance procedures.

In most cases, you should prepare a grievance letter and provide this to your employer. The letter should explain the workplace issue and provide any available evidence – for example, a pay slip.

To view ACAS’s template letter, please click here.

Your employer must respond to the grievance and should organise a formal grievance meeting within a reasonable time. You have the right to be accompanied by a colleague or trade union representative at the meeting.

If you are unhappy with the outcome of the formal grievance, you should lodge an appeal with your employer.

When you contact ACAS, they will offer you and your employer an opportunity to engage in a process called Early Conciliation. Early Conciliation is free, confidential and offers the opportunity for you to resolve the dispute you have with your employer with the assistance of a trained conciliator.

For most issues, ACAS Early Conciliation is a mandatory step before bringing a claim against your employer at the Employment Tribunal. There are a few circumstances in which ACAS Early Conciliation is not mandatory – for example, when your claim is for interim relief. To view which cases do not require ACAS Early Conciliation, please click here.

If you are unable to resolve the issue with your employer through Early Conciliation, you will receive a certificate from ACAS. You will then have at least one month from the date of the issue of the ACAS Early Conciliation certificate to lodge a claim with the Employment Tribunal.

If you are able to resolve the issue through Early Conciliation, the agreement will either be confirmed by ACAS in a document known as a COT3, or you and your employer will enter into a settlement agreement. You must obtain advice from an independent adviser on the terms of any proposed settlement agreement.

For more information on settlement agreements, please click here.

If you are unable to resolve the issue through Early Conciliation, you may decide to bring a claim against your employer at the Employment Tribunal.

Some common claims which are brought to the Employment Tribunal concern unfair dismissal, unlawful discrimination, breach of contract, and unauthorised deductions from wages.

It is possible to represent yourself at the Employment Tribunal. However, if you are considering bringing a claim, it is recommended that you obtain advice.

What if I am outwith the time limit?

If you are outwith the ACAS time limit mentioned above, you may be unable to raise a claim at the Employment Tribunal.

In some cases it still may be possible to bring the claim, such as if it was not reasonably practicable to bring the claim within the normal time limit (for example, in unfair dismissal or breach of contract claims), or if it would be in the interests of justice to allow the claim (for example, in unlawful discrimination cases).

Further information on the time limits for Employment Tribunal claims can be found here.

Depending on the type of claim, you may be able to raise a claim at the Sheriff Court – for example, a breach of contract claim.