What to do if you are having problems at work

If you are having a problem at work, there are a number of ways you can address it. This article covers the general steps you can take to resolve a problem at work.

However, what is best for you will depend on the situation, how serious the problem is, and how your employer is dealing with the problem. If you are facing a serious problem, like discrimination, harassment, victimisation or bullying, you should also read our articles addressing these issues.

Informal conversation

You should try to sort the matter out informally with your employer first, by speaking to your line manager or a trade union representative (if you have one), someone from your human resources department or another senior manager. This could save you time and stress compared to a formal process, and is more likely to help maintain good working relations with your employer.

It can be helpful to keep your communication positive and solution focused. Focusing on what you want out of the conversation, rather than dwelling on what has gone wrong, can help your employer understand how they can help you and help to resolve the situation amicably.

You may ask someone to attend the meeting with you, for example a colleague or a trade union representative – although note that your employer is not required to agree to this.

Preparing for a meeting with your employer

Before the meeting, it would be a good idea to prepare and think about:

• the issues you wish to raise;
• any relevant documents or evidence you have relating to the issue; and
• what you would like to achieve at the meeting.

As additional preparation, you may wish to speak to your union representative, if you are a member of a trade union. Employment rights can be very complicated. It may help to get some leaflets or have relevant links to advice pages to show your employer and to get advice at this stage, so that you know your rights and feel more confident and empowered going into the meeting.

Separately, some workplaces offer support by way of trained members of staff (such as mental health first aiders or fair treatment ambassadors), who you could reach out to at the same time. Your workplace might also offer an Employee Assistance Programme (EAP) which might be useful while you resolve the problems you are facing.

Follow up in writing

You should keep a diary about the problem and notes of any conversations you have had with your employer about the issue. You can send yourself an email (to your personal address rather than a work address) as a contemporaneous record to show what was said, by whom and when.

If any actions are agreed with your employer, you should ensure you have agreed a date or a specific timescale from your employer on when things will occur, so you can follow up with them accordingly. You should try and get your employer to put things in writing where possible and keep written dated records of how things develop (again you can do this by emailing yourself at the time).

Notes and written communications will be useful if you may need to take further action. If you have sent yourself emails, this will provide a timestamp to help you evidence the chronology.

If you have had an informal meeting with your employer and this has not resolved the problem, you can send an email or letter to your line manager, your human resources department or another senior manager documenting what was discussed and when, and anything that was agreed, what (if anything) has happened since and why you feel the issue has not yet been resolved.

As above, think about what it is you wish to achieve as a result of the communication, and consider getting advice on your employment rights.

Formal grievance

If the informal discussions with your employer do not resolve the problem, or you think your employer has treated you unfairly and the relationship is breaking down, you can consider raising a grievance.  You can find more information in our article on grievances and you should take a look at your employer’s grievance policy.

Raising a grievance is important if you think you might later raise a claim in the employment tribunal because failure to follow internal resolution procedures (prior to bringing any claim in the Tribunal) can disadvantage such a claim. 

Raising a grievance is important if you think you might later raise a claim in the Employment Tribunal because failure to follow internal resolution methods can disadvantage your claim. If the ACAS Code applies to your claim, the Employment Tribunal can reduce any compensation which is awarded to you by up to 25% if you do not do raise a grievance before bringing a claim; and the Tribunal can increase any compensation by up to 25% if the employer does not deal with your grievance properly or at all.

It is advisable to try and resolve things amicably and informally in the first instance (where time limits allow), as formal processes can damage your relationship with your employer. For some insight into grievances and tips on how to engage with your employer before it reaches this point, see our article on grievances do more harm than good.

A quick note on time limits: If you think you may have a claim against your employer, there are strict time limits in place to bring a claim and protect your rights – you usually need to contact ACAS to conciliate before bringing a claim in the Employment Tribunal and this must be done within three (3) months less a day from the act you are complaining about. If you start the informal resolution process but are running out of time, you may want to contact Acas to commence conciliation as the internal resolution stages e.g. grievances and appeals do not extend the time limit for bringing a claim.

Legal action

If you are at an impasse with your employer, and cannot resolve things with them, you may then consider taking legal action. For many employment issues, you can make a claim in an employment tribunal, although for some situations you may need to make a claim in the civil courts (for example, personal injury).

Taking legal action can be costly, stressful and time-consuming, so this should be a last resort. If you are unsure, you should seek legal advice before contemplating this step.

For more information, see our articles on how to start a claim.

Time limits

You must make your claim within the time limits which are very strict. You must contact ACAS to start early conciliation within 3 months less 1 day of the act complained of.

The time limit is very strict, and submitting a grievance does not extend the limit. Even if you are still trying to resolve the issue with your employer, if you are near to the time limit expiring it may be best to start early conciliation.

Early conciliation

If you are considering a claim in the employment tribunal, you will be required to go through Early Conciliation with ACAS before making a claim. To do this, you will need to complete a form informing ACAS that you intend to make a claim in the tribunal.

ACAS can help you to reach an agreement with your employer before you make a claim but they will not advise you on the strength or value of your claims. You and your employer can tell your conciliator what you want through the process, and the conciliator can help you to reach a settlement. However, your employer need not participate and you do not need to accept a settlement agreement. We strongly recommend seeking legal advice before deciding whether to reject a settlement offer. We have pages on negotiating a settlement and information on how compensation is calculated in successful cases.

Gathering evidence

If you are thinking about making a claim, it is often very useful to make a Data Subject Access Request (DSAR) to get information and put pressure on your employer. A DSAR is a request to your employer for access to your personal information (as defined under the relevant data protection legislation). For further information on DSARs, take a look at the Information Commissioner’s Office’s website. You should also keep a copy of any key emails, letters, messages (including MD Teams, WhatsApps or text messages) and notes of your conversations with your employer.

For more information, see our articles on how to get information from your employer.

Please note, if you are experiencing discrimination, harassment or victimisation in the workplace, please see our advice on this here.

This advice applies in England and Wales. If you live in another part of the UK, the law may differ. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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