Being on the receiving end of a workplace grievance can be uncomfortable. You want to defend yourself — and in some cases, that means raising your own grievance in response. But should you raise a counter grievance?
This guide explains what a counter grievance is, what to think about before raising one and the potential impact on your job.
What Is a Counter Grievance?
A counter grievance is a formal grievance raised in response to someone else’s complaint against you. It allows you to raise your own concerns if you believe the original grievance is unfair, vexatious or malicious.
Handled correctly a counter grievance can clarify workplace grievance issues and protect you. But it can also make the process more complicated so it’s important to understand the risks and outcomes.
Things to Think About First
1. Your Reasons for Raising It
Only raise a counter grievance if you have a genuine grievance. If it seems retaliatory it may harm your credibility. Ask yourself:
- Am I experiencing problems that need to be addressed through a formal procedure?
- Do I have evidence to support my complaint?
If so you may have grounds to raise a counter grievance.
2. Impact on the Grievance Process
Raising a counter grievance can impact the grievance investigation and the original disciplinary or grievance procedure. Some employers deal with both together; others keep them separate. Check your employer’s grievance procedure and disciplinary procedure to be clear.
Understand it may slow down the grievance process or complicate disciplinary proceedings. It can also impact other employees and how your concerns are perceived.
3. Gathering Evidence
You need to back up your grievance with facts. This might include:
- Emails or written communication
- Records of meetings
- Witness statements
- Notes from your line manager or senior manager
Make sure everything is factual, relevant and clear. Evidence is the foundation of a fair process.
4. Considering the Outcomes
Think about what you want to achieve. A counter grievance might:
- Highlight deeper issues in the workplace
- Address discrimination or poor working practices
- Help resolve ongoing tensions
But it could also escalate conflict or damage relationships, so weigh up the consequences carefully.
In some disciplinary and grievance situations you may need to raise your own concerns. But a counter grievance should only be used to address real problems — not to derail or delay other proceedings.
When Not to Raise a Counter Grievance
There are times when raising a counter grievance will do more harm than good. Don’t do it if:
- Your aim is to shift the focus away from a legitimate complaint against you.
- You don’t have evidence to back up your concerns.
- The issue can be resolved with a calm conversation or mediation.
- It’s based on emotion or frustration in the moment.
Take a step back and think if formal action is really the best way to go.
Counter Grievance
You don’t have to jump straight into a formal grievance. Consider:
Informal discussions: Talk to your line manager or the person involved.
Mediation: A neutral third party can help everyone move forward.
Waiting for the outcome: Maybe wait and see how the initial grievance is resolved before you take further action.
Legal and Practical Advice
If you’re unsure what to do, seek advice. An employment solicitor can guide you on your legal options and what to expect at each stage of the grievance or disciplinary process.
Read the ACAS Code of Practice on disciplinary and grievance procedures. This sets out what a fair and full procedure looks like and is often used by employment tribunals when deciding if an employer has acted fairly.
In some cases a grievance may be part of a wider issue, such as discrimination or unfair dismissal. If you think your treatment could result in or has resulted in unfair dismissal, you need to act quickly and take professional advice.
Firms with expertise in employment law, such as Darwin Gray, can help you make sense of complex situations.
FAQs
What is a counter grievance?
A formal complaint raised in response to a grievance made against you, often to highlight related or underlying issues.
Should I raise a counter grievance?
If you have genuine concerns and clear evidence, raising a counter grievance can help you. But weigh the risks and consider the impact on the grievance process.
Can I raise a counter grievance during a disciplinary hearing?
Yes, but be aware it may affect the disciplinary process or cause an unreasonable delay.
What evidence should I include?
Documents, emails, witness statements or anything else that supports your case. Clear evidence is key.
Will it stop the original grievance?
No. Employers will usually continue to investigate both issues. It may make the process more complicated but each complaint will be considered on its own merits.
What if the grievance is malicious?
If you think a grievance is vexatious or malicious, raise this in your response and if necessary through a counter grievance.Can I be dismissed if I raise a counter grievance?
You shouldn’t be dismissed for raising a genuine grievance. But if you think disciplinary action could lead to unfair dismissal, seek legal advice ASAP.
Do I need a trade union representative?
You have the right to be accompanied to a formal grievance meeting by a trade union representative or a colleague.
How can I protect my mental health during the process?
Dealing with grievances can be stressful. Get support if you need it and stay calm and focused. Keep records and take advice early.
Common Myths About Counter Grievances
“It will stop the original grievance process.”
It won’t. Employers are expected to deal with both grievances fairly and separately if necessary.
“It’s always the best way to respond.”
Not always. Sometimes informal steps or waiting for the original grievance to play out first is more effective.
“It’s a form of retaliation.”
Only if your concerns aren’t genuine. A legitimate grievance should be respected even if it’s in response to another complaint.
Conclusion
Raising a counter grievance is a big step. Use it to address real concerns not as a reaction. Follow your employer’s grievance process, consider your colleagues and get professional advice if needed.
With thought, clear goals and the right support you can take action that protects your interests and resolves issues fairly and constructively.
