What is it like to raise a Personal Grievance?
This is the caveat for all articles we publish. These are opinions freely given, and they aren’t going to be right in all situations (see here for our terms and conditions) so use at your own risk. For tailored advice, book an appointment to discuss.
Are you thinking about raising a personal grievance but worried about what is going to be like? It’s a fair concern, so let’s discuss it.
It’s a pretty intense thing to do
Let’s not beat around the bush; you’re suing your employer. For most people, suing is a pretty extreme thing to do, and very few people ever contemplate taking someone else to court for what they have done. This doesn’t mean that you shouldn’t, or that you are wrong to do so, but let’s not pretend it’s a small thing.
You’re challenging their vision for the future
Your employer has a version of reality, but most importantly, a vision for the future. In their vision for the future, life goes on happily, with the outcome they want (you get a warning, leaving the company, on fewer hours, putting up with that guy). You are saying ‘hang on, that’s not happening’. You are laying down your version of the future, which is different from theirs, and forcing them to look at it from your point of view. This is confronting to them, and more surprising than you’d think- to you, the situation is pretty clearly unfair. To them, it looks pretty fair, and you’re putting your perspective to them.
You’re forcing your boss to talk to their boss and their lawyers.
Raising a personal grievance sets a ball in motion in the backroom (see here for more). Even if your boss is the sole owner/entrepreneur, they’ll be talking to their lawyer. Sending the letter (or email) sets in motion events outside of your vision, and outside of your control. When they come back to you or your representative, lots of discussion, analysis and decisions will have been made.
You’re going to get angry when they come back to you
The response you’ll get will be confronting. This may vary from country (see here for more), but in most modern organisations, management avoids confrontation with employees, and avoids dictatorial and critical language. It’s very likely the response you’ll get will be harsh, contrary to your views, and (whilst being professional) will pull no punches.
These are lawyer’s fighting words, and it’s probably going to the first time you’ll be involved with them. I’m not a lawyer, so this is an outsider’s perspective, but it’s common practice for lawyers to give it everything in when arguing their case, and often go at an argument full throttle. Most people avoid confrontational arguments for the preservation of social harmony (see more here), but that doesn’t get you far in legal disputes.
So when you get the response, expect it to be confronting. If it’s not, great.
You’ll be disheartened by their denials
Expect to be disappointed. You and your representative have spent time, effort and money on your arguments and reasons, and you’ll think they are pretty solid. But the employer isn’t going to just roll over. The initial response will almost always be denial, and assertion that they were right to do what they did, and they did nothing wrong.
This is pretty disheartening, but don’t worry. Think of this as a negotiation- like you’re bantering in the market. The first response in a negotiation isn’t going to make you happy. Regardless of what they actually think (see here), and whether they intend to settle or not, the first response will always be a solid defence.
It’s a long journey
Some cases are settled quickly, but this is the exception. Most likely, the employer will deny the allegations. Most likely it won’t be sorted until mediation, which will be months away. If you go through the courts, this can take years. Be prepared for the long haul, and manage your emotions accordingly (see here for more)
