WORKPLACE ANSWER
What should I do if I think my employer has not followed the rules?
Understand what to check if you think your employer has not followed a workplace rule, policy or procedure, why it may matter and what you can do next.
Quick Answer
If you think your employer has not followed a workplace rule, policy or procedure, start by checking exactly what should have happened and comparing it with what actually happened.
The relevant rule might come from your employment contract, a workplace policy or procedure, a collective agreement or an employment right that applies by law. These are not all the same, and the significance of your employer not following something can depend on where the rule comes from and what happened as a result.
Keep copies of the relevant documents and communications and ask your employer to explain the process they followed if it is unclear. If you remain concerned, you may need to raise the issue more formally or appeal a decision where an appeal process is available.
If the issue could significantly affect your employment, pay or legal rights, consider getting further advice promptly.
Not every difference in a process will have the same significance.
Ask yourself what happened because the expected step was not followed.
For example:
Were you given enough information to understand what was happening?
Were you given a reasonable opportunity to respond?
Was important information or evidence overlooked?
Did the wrong person make a decision?
Were you denied an opportunity the procedure says should normally be available?
Could following the correct process have made a difference to the decision?
Has the issue affected your pay, role, working arrangements or employment?
A minor administrative difference may be very different from a missing step that affected your ability to participate properly in an important workplace process.
Focus on explaining what was different and why it matters to your situation.
What Rule Do You Think Hasn't Been Followed?
The first step is to identify the specific rule, policy or procedure you believe your employer should have followed.
It could come from:
your employment contract;
a staff handbook;
a disciplinary, grievance, absence or performance procedure;
another workplace policy;
a collective agreement;
a written agreement or correspondence with your employer;
or an employment right that applies by law.
Try to identify the actual document, clause or process rather than relying only on how something has been handled previously or what you expected to happen.
If you do not have a copy of the relevant policy or procedure, ask your employer where you can find it.
Check What the Rule Actually Says
Read the relevant wording carefully before deciding that your employer has not followed it.
Look for:
what the employer says it will or must do;
any steps in the procedure;
who is responsible for making decisions;
whether there are stated timescales;
whether the wording allows flexibility;
what information the employee should receive;
whether there is a meeting or consultation stage;
and whether there is a right or opportunity to appeal.
Pay attention to words such as “will”, “must”, “should”, “normally” or “may”. They can indicate that some parts of a process are more flexible than others.
A workplace policy may also be described as contractual or non-contractual. If you are unsure what that means in your situation, you may need further advice.
Work Out What Actually Happened
Once you understand what the relevant rule or procedure says, compare it with what actually happened.
It can help to write down a simple timeline.
Include:
what happened;
when it happened;
who was involved;
what you were told;
what meetings took place;
what documents or evidence you received;
what decisions were made;
and which part of the expected process you believe was missed or handled differently.
Keep relevant emails, letters, meeting invitations, outcome letters, policies and other documents together.
This can make it much easier to explain your concern clearly if you need to discuss it with your employer.
Does Not Following a Rule Automatically Mean My Employer Has Acted Unlawfully?
No. An employer not following a workplace policy or procedure does not automatically mean that it has broken the law.
What it means will depend on the rule involved, where it comes from and the circumstances.
For example:
some workplace policies are non-contractual and allow the employer some flexibility;
some procedures or terms may form part of the employment contract;
some processes are affected by statutory employment rights;
and some formal workplace procedures are also covered by recognised standards such as the Acas Code of Practice.
This is why it is useful to identify the source of the rule before deciding what the employer's failure to follow it might mean.
If you are unsure whether the issue involves a contractual or legal right, consider getting further advice.
Does the Difference Actually Matter?
Not every difference in a process will have the same significance.
Ask yourself what happened because the expected step was not followed.
For example:
-
Were you given enough information to understand what was happening?
-
Were you given a reasonable opportunity to respond?
-
Was important information or evidence overlooked?
-
Did the wrong person make a decision?
-
Were you denied an opportunity the procedure says should normally be available?
-
Could following the correct process have made a difference to the decision?
-
Has the issue affected your pay, role, working arrangements or employment?
A minor administrative difference may be very different from a missing step that affected your ability to participate properly in an important workplace process.
Focus on explaining what was different and why it matters to your situation.
Ask Your Employer to Explain What Happened
If it is appropriate in your situation, you can ask your employer to explain the process it followed and why.
Keep the question specific.
For example, you might explain:
“The policy says that [step] should happen before a decision is made. I don't think that happened in my case. Can you explain which process was followed and why?”
You can also ask:
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which policy or procedure applied;
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whether a particular step was completed;
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why the normal process was handled differently;
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whether there is another stage still to take place;
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or whether you can raise concerns about the process.
Asking for an explanation does not mean you have to agree with the answer. It can help you establish your employer's position before deciding what to do next.
What If My Employer Says It Did Follow the Rules?
You and your employer may disagree about what a policy means or whether a particular step was required.
If this happens, ask your employer to identify the policy, contractual term or other basis it relied on and explain how it believes the process applied to your situation.
Compare that explanation with:
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the wording of the relevant document;
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the information you were given at the time;
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the sequence of events;
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and any written outcome or decision.
If the disagreement is important and you are still unsure about the position, consider getting independent advice rather than assuming either interpretation is automatically correct.
What Can I Do If I Still Think the Rules Were Not Followed?
What you do next will depend on what has happened and whether a decision has already been made.
You might:
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raise the issue with your manager or HR;
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put your concern in writing;
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use your employer's grievance procedure;
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use an appeal process if you are challenging a formal decision;
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speak to your trade union or employee representative if you have one;
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or seek independent advice if the issue could significantly affect your employment or rights.
You do not necessarily need to use every option or use them in this order.
If the issue involves something serious, or you are uncomfortable raising it informally, a more formal route may be appropriate.
If a decision has already been made and an appeal process is available, check any deadline in the outcome letter or relevant policy promptly.
What If the Issue Involves Discrimination or Another Legal Right?
Sometimes a concern about an employer not following a procedure is part of a wider workplace problem.
For example, you may believe that:
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you have been treated differently because of a protected characteristic;
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the issue relates to disability or reasonable adjustments;
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you have not been paid correctly;
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you have been treated unfairly after raising a concern;
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or another employment right may be involved.
In those situations, do not look only at whether the employer followed its internal policy. The underlying reason for what happened and any employment rights that apply may also be important.
Consider reading the relevant WorkAnswers guidance or getting further advice if you are unsure.
Things To Think About
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What specific rule, policy or procedure do I think was not followed?
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Do I have the current version of the relevant document?
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What does the wording actually say should happen?
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What happened differently in my case?
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Why does that difference matter?
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Do I have emails, letters or other documents that show what happened?
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Have I asked my employer to explain the process it followed?
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Has a decision already been made that I may be able to appeal?
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Could the issue involve my contract or another employment right?
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Is there a deadline or other reason I need to act promptly?
What Usually Happens Next
Once you raise the issue, your employer may explain the process it followed, correct something that was missed or disagree that the procedure was not followed.
If the issue can be resolved at that stage, your employer may confirm what will happen next or take an additional step in the process.
If you remain concerned, you may decide to put the issue in writing, raise a formal grievance or use an appeal process where one is available.
If the matter could significantly affect your employment, pay or legal rights, consider getting further advice rather than relying only on the employer's internal process.
Keep copies of important correspondence and any final decision or outcome.
Frequently Asked Questions
Does my employer have to follow its own policies?
It depends on the policy and the circumstances. Some policies or procedures may form part of your employment contract, while others are deliberately non-contractual and allow the employer some flexibility. There may also be legal requirements or recognised standards that apply independently of the employer's own policy. Check the wording and consider getting advice if the distinction matters to your situation.
What if my employer missed a step in a disciplinary procedure?
Check the disciplinary procedure and identify the step you believe was missed. Consider whether the difference affected your ability to understand the allegations, prepare, respond or challenge the decision. Formal disciplinary procedures should be handled fairly. If a decision has already been made, check whether you can appeal and any deadline for doing so.
What if my employer has treated someone else differently?
Different treatment does not automatically mean that your employer has broken a rule or acted unlawfully because situations are not always identical. However, previous practice may help you understand how a policy has normally been applied. If you believe the difference is connected to discrimination or another employment right, that may need to be considered separately.
Should I raise a grievance if my employer has not followed a procedure?
A grievance may be one option, particularly if the issue cannot be resolved another way or is serious enough to raise formally. Before deciding, check your employer's grievance procedure and consider what outcome you want. If you are challenging a formal decision, an appeal process may sometimes be the more direct route.
What if my employer's policy conflicts with my employment contract or the law?
A workplace policy does not simply override contractual terms or statutory employment rights. If different documents appear to conflict, identify exactly what each one says and ask your employer to clarify which terms it believes apply. If the issue could materially affect your employment, pay or rights, consider getting independent advice.
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Important: WorkAnswers provides general workplace information and guidance. It is not a substitute for legal advice about your specific situation.
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