Generally Freelancers and Workers are not covered by these Procedures.

All Employers are required to have a grievance procedure for employees to use, if you are unhappy with any of your working conditions. You are advised to talk about any problems informally in the first instance if you can, before raising an official grievance with your employer.

During 2009 your Employer will have 2 ways to handle grievances:

The Statutory Grievance Procedure – which will be in effect for all grievances occurring before 5th April 2009 – has 3 steps:

In Step 2 – the employer arranges a meeting to discuss your grievance. You have the right to be accompanied to the meeting by a fellow worker or Trade Union official. At the end of the meeting, the employer informs you of the decision and your right of appeal.

In Step 3 – you tell the employer if you wish to appeal. If an appeal is requested, a further meeting is arranged, if possible with a more senior or different manager who was not involved with the original issue. You have the right to be accompanied.

At or after the appeal meeting you are told of your employer’s decision regarding your grievance.

For Grievances occurring on or after 6th April 2009 the new ACAS code of Practice on Disciplinary and Grievance Procedures should be followed.

GRIEVANCE – Keys to handling grievances in the workplace -

The employee lets the employer know the nature of the grievance

• If it is not possible to resolve a grievance informally, employees should raise the matter formally and without unreasonable delay with a manager who is not the subject of the grievance. This should be done in writing and should set out the nature of the grievance.

The employer should arrange a meeting and allow the employee to be accompanied at the meeting.

• Employers should arrange for a formal meeting to be held without unreasonable delay after a grievance is received to discuss it.

• Employers, employees and their companions should make every effort to attend the meeting. Employees should be allowed to explain their grievance and how they think it should be resolved. Consideration should be given to adjourning the meeting for any investigation that may be necessary.

• Workers have a statutory right to be accompanied by a companion at a grievance meeting which deals with a complaint about a duty owed by the employer to the worker. So this would apply where the complaint is, for example, that the employer is not honouring the worker’s contract, or is in breach of legislation.

• The chosen companion may be a fellow worker a trade union representative or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.

• To exercise the right to be accompanied a worker must first make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.

• The companion should be allowed to address the hearing to put and sum up the worker’s case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing. The companion does not however, have the right to answer questions on the workers behalf, address the hearing if the worker does not wish it or prevent the employer from explaining their case.

The employer decides on the appropriate action to take following the grievance hearing

• The Employer decides on what action to take, if any and communicate these decisions to the Employee, in writing, without unreasonable delay.  Where appropriate this should explain the action the employer intends to take to resolve the grievance.

• The employee must be informed they can appeal if they are not happy with the action taken.

The employer allows the employee to appeal if necessary

• Where an employee feels that their grievance has not been satisfactorily resolved they should appeal. They should let their employer know the grounds for their appeal without unreasonable delay and in writing.

• Appeals should be heard without unreasonable delay and at a time and place which should be notified to the employee in advance.

• The appeal should be dealt with impartially and wherever possible by a manager who has not previously been involved in the case.

• Workers have a statutory right to be accompanied at any such appeal hearing.

• The outcome of the appeal should be communicated to the employee in writing without unreasonable delay.

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If you work in the UK Media Industries and have a question about this or any other topic, please e-mail us at workline@freelanceadvisor.co.uk

Please note that the advice given on this website and by our Advisors is guidance only and cannot be taken as an authoritative interpretation of the law. It can also not be seen as specific advice for individual cases. Please also note that there are differences in legislation in Northern Ireland.