Formal processes exist to address discrimination in the workplace, but they can often feel confusing or intimidating, especially if you have never navigated them before. Terms like grievance, ACAS, or employment tribunal are often mentioned without much explanation of what they mean in practice.
Understanding how these processes work can help you decide what steps, if any, feel right for you. Some people raise concerns through internal workplace procedures. Others explore legal routes. Some choose to seek advice first before deciding what to do.
The sections below explain what a grievance is, how it differs from legal action, and some practical things to keep in mind if you are considering a formal route.
For more detailed guidance on how these processes work in practice, including step-by-step advice, please see the practical guide developed with Sistren Legal Collective.
What is a grievance?
A grievance is a formal complaint raised within your organisation about something that has happened at work. Employees can raise grievances about issues such as discrimination, harassment, bullying or unfair treatment. Racism would normally fall within this category.
A grievance is handled internally by your employer rather than by a court or tribunal. Most organisations have a grievance or dignity at work policy that explains how concerns should be raised and investigated.
What happens when you raise a grievance?
While procedures vary between organisations, most grievance processes follow a similar structure.
You usually begin by submitting a written complaint explaining what happened, who was involved and how the situation has affected you. The organisation will normally investigate the complaint by reviewing evidence, speaking to those involved and gathering information from witnesses.
A grievance meeting may then take place where you can explain your concerns in more detail. You are often allowed to bring a colleague or trade union representative for support.
After the investigation, the organisation will decide whether the grievance is upheld and what action should be taken. If you disagree with the outcome, you normally have the right to appeal.
How a grievance differs from legal action
A grievance is an internal workplace process. Legal action, by contrast, involves pursuing a claim through an employment tribunal or negotiating a settlement with the help of a solicitor.
Many people start by raising a grievance before considering legal routes. In some cases, the issue is resolved internally. In others, the grievance may become part of the evidence if someone later decides to pursue a legal claim.
Legal action is usually more formal and structured than internal processes and can take significant time and emotional energy. There are also strict time limits for bringing discrimination claims to an employment tribunal. In most cases, claims must be started within three months minus one day from the incident being complained about.
Practical things to consider
If you are thinking about raising a concern formally, there are some practical steps that many people find helpful.
Keeping a record of incidents can be important. Writing down what happened, when it occurred and who was present can help you identify patterns and explain events clearly if you later decide to raise a grievance or seek advice. Where appropriate, you may also want to retain relevant documents such as emails or messages, while being mindful of workplace confidentiality policies.
Some people choose to raise concerns informally first, particularly if they believe the issue may be resolved through conversation. In other situations, particularly where power dynamics are involved, a formal grievance may feel more appropriate.
Many people also find it helpful to seek external advice before deciding what to do. Organisations such as ACAS, Citizens Advice, trade unions and employment solicitors can help explain your rights and talk through possible options. Speaking to an advisor does not commit you to taking legal action, but it can help you understand what different routes might involve.
Speaking to a solicitor or negotiating a settlement
Some people choose to speak to an employment solicitor before deciding whether to pursue a grievance or tribunal claim. A solicitor can help you understand your rights and explain the options available to you.
In some cases, this may lead to a negotiated settlement with the employer rather than a tribunal case. Settlement agreements can include financial compensation, agreed references or arrangements around how someone leaves the organisation.
If you are considering this route, it is important to seek independent legal advice, as settlement agreements are only legally valid if the person signing them has received advice from a qualified solicitor or legal advisor.
If legal action is pursued
If someone decides to pursue legal action for discrimination, the process usually begins with ACAS Early Conciliation. This is a free service that attempts to resolve disputes before they reach an employment tribunal.
If the issue cannot be resolved through conciliation, the next step may be submitting a claim to an employment tribunal. Tribunal cases can involve written evidence, witness statements and hearings where both sides present their case.
You do not have to decide immediately
One of the most important things to remember is that you do not need to decide everything straight away.
Responding to racism at work is rarely a straightforward decision. People often have to balance their wellbeing, job security, financial stability and professional relationships when deciding how to respond.
There is no single “correct” response. Some people pursue formal complaints or legal action. Others seek advice, raise concerns informally or take time to consider their options.
What matters most is that you have clear information about the options available and the space to decide what feels safest and most appropriate for you.
For more detailed explanations of these processes and practical guidance on navigating them, please refer to the practical guide developed with Sistren Legal Collective.
This article and all its content is for information only and does not constitute legal advice. All partners involved in developing this toolkit cannot provide employment law advice. If you need legal advice or support, please refer to the organisations and resources signposted.