Surprise, surprise...

Grievance procedures

Almost all of the claimants had taken steps to address their situation directly with their employer prior to lodging an Employment Tribunal case. Many appeared to have tried to initiate a formal grievance procedure, although some had at first simply told their manager or the personnel department of their situation in an effort to have their concerns addressed.

In such cases it seems that claimants feared the repercussions of ‘rocking the boat’ and preferred to keep their complaints as low key as possible. This usually involved informal conversations and meetings, which often later turned into procedures that are more formal when they did not yield the results hoped for by the claimant.

Some claimants reported that grievance procedures were initiated fairly quickly. This was in contrast to the generally much longer time it took for claimants to decide to lodge the cases with the ETS, particularly when the discrimination had taken the form of multiple events worsening over time.

For claimants to have eventually applied for an Employment Tribunal hearing, they had all reached a stage where they felt that the routes for resolving disputes within the organisation would not work for them, or they had tried these and they had failed, leaving them with no other options.

A good number of claimants had been through their employers’ internal grievance procedure, and had felt that they had not received a fair hearing, or that the eventual outcome was not satisfactory. However, there were a small number of claimants who initially felt that early attempts to resolve their issues with their employer had been successful. Despite this, their problems continued, so although grievance procedures had found evidence of race discrimination, this did not translate in practice to the situation being resolved in favour of the claimant.

From: The experience of claimants in race discrimination Employment Tribunal cases, EMPLOYMENT RELATIONS RESEARCH SERIES NO. 55, dti, 2006