Public and Commercial Services Union

DWP/MB/10/08

Your grievance rights

Your right of appeal under the DWP grievance policy and procedures is not only a right to dispute decisions you disagree with but also to dispute any omission, problem or unfairness that you feel has disadvantaged you when you have reasonable grounds for discontent.

First, always informally, check that your grievance is not a simple misunderstanding. However, you should raise it formally in writing, as soon as possible and within 15 working days of the disputed decision or event. No extra time is given for informal action.

Your union rights

Your PCS representative can provide advice, support and representation when you have a problem at work. Your trade union rights under the employment relations act (EReIA) 1999 include:

• The statutory right to be accompanied at a grievance meeting (EReIA 10(2)).
• The right to be represented as your union representative has a statutory right to address a grievance hearing under the employment relations act 1999 10(2) (b) but cannot answer questions on your behalf.
• The statutory right to confer with your representative during a grievance meeting (EReIA 10(2) (c)).
• The statutory right to rearrange a grievance meeting, should your chosen representative not be available, to an alternative reasonable time not later than the end of a period of five working days beginning with the first working day after the day proposed by the employer (EReIA 10(4)).
• The right to present a complaint to an employment tribunal if the DWP breaches your above statutory rights. If successful, you can be awarded compensation of up to two weeks pay (EReIA 11).

Grievance and appeal process

You must use the DWP grievance procedures before making certain applications to an employment tribunal. As a minimum you must:

• Inform the employer of your grievance in writing.
• Be invited by the employer to a meeting to discuss the grievance where the right to be accompanied will apply and be notified in writing of the decision. You must take all reasonable steps to attend the meeting.
• Be given the right to an appeal meeting if you feel the grievance has not been satisfactorily resolved and be notified of the final decision.

You are not able to take your case to an employment tribunal unless you have first raised a grievance in writing and waited a further 28 days before presenting the tribunal claim.

Most grievances about problems at work cannot be put to an employment tribunal and there is no further internal stage for redress after the appeal decision which is final.

Complaints can only be put to an employment tribunal when you have legal grounds to do so. Evidence in support of your case is also essential. Contact your local PCS representative urgently when you have cause for concern about:

• Sex discrimination (Sex Discrimination Act 1975)
• Disability discrimination (DDA 1995)
• Race discrimination (Race Relations Act 1976)
• Sexual orientation discrimination (EE(SO) regulations 2003)
• Religion or belief discrimination (EE(RandB) regulations 2003)
• Age discrimination (Employment Equality (Age) regulations 2006)
• Claims relating to pay (S.23 ERA 1996)

The DWP has a separate procedure for discrimination complaints, (eg cases of alleged sex, race and disability discrimination). A complaint under this procedure will count as compliance with the standard statutory procedure.

Protection against victimisation

Employees raising a grievance in good faith, with reasonable grounds, have a right to be protected against victimisation for making such a grievance, even if the grievance is not upheld. The fact that a complaint is not upheld does not mean that it was made in bad faith. Misconceived grievances (for example a grievance against a corporate policy) must not be confused with vexatious use. DWP has agreed to introduce a policy statement that employees have the right to be protected from victimisation. Policy paragraph 5 now states that employees have the right to be protected from victimisation for raising a grievance in accordance with the department’s grievance policy. If employees are shown to have been victimised because they have used or considered using the grievance procedures it will be treated as a disciplinary offence.

PCS guidance

Grievances not resolved informally must be raised in writing and submitted to the decision maker normally within 15 working days of the date of the matter in question (policy para 9). The DWP grievance policy and procedures include guidance on:

• Providing a brief explanation of your case, further details and evidence can follow (policy para 9 and advice para 4)
• Reasonable time to prepare (policy para 9 and procedures para 4.1)
• Use of a template to help you set out your case (procedures para 2.3)
• Acceptance of a late written submission (para 2.3 and advice para 5)
• Appointing a different manager when a hearing with your line manager is not appropriate (para 2.1)
• Trade union rights at the grievance meeting (para 3.2)
• The written grievance decision minimum standards (para 3.3)
• The right of appeal to an appeal manager (procedures para 4)

Contact your local PCS representative for advice, support and representation when you have a grievance and for legal advice before lodging any employment tribunal claim.

Further guidance will be published first on the group website. Do not accept any substantial detriment. Use your right to appeal unfair decisions where it has not been possible to resolve matters informally.