It usually starts with a low-key complaint.

Someone flags “a bit of a clash” with their line manager. Or HR mentions an “informal concern” from a team member who doesn’t want to make a fuss.

You make a note and move on. After all, it’s not a formal grievance – and you’ve got a 70-page SaaS agreement to review.

But six months later, you’re handed an ET1 form. The employee’s now alleging discrimination, constructive dismissal, and retaliation for raising concerns.

You’re left wondering: could we have seen this coming?

Why informal issues are anything but

 In-house legal teams often only get looped into employment issues once a formal grievance is raised – or worse, when litigation’s already underway.

 But many of the biggest employment risks don’t start with a capital-G Grievance. They start with patterns.

• A line manager repeatedly making ‘banter’ comments about someone’s age or accent.
• A junior employee informally raising that they feel excluded from client work.
• A team where several people have quietly resigned within months of each other.

Each situation might seem minor. But together, they form a picture. And if no one joins the dots early, it can snowball – fast.

The legal risks hiding in plain sight

Here’s why informal complaints and unresolved tensions can become legal headaches:

• Discrimination and harassment claims: If concerns about unfair treatment aren’t addressed, they can become the basis for claims under the Equality Act 2010.
• Whistleblowing protection: An employee who flags compliance concerns informally could later argue they made a protected disclosure – even if they never used the word “whistleblowing.”
• Constructive dismissal: If someone feels their concerns were ignored or mishandled, they may resign and claim the employer breached trust and confidence.

In other words, “We didn’t think it was serious” doesn’t fly at tribunal.

How Legal can step in (before things go wrong)

So what can you do, when you’re not HR, not the line manager, and already stretched thin?

Here’s a practical playbook:

1. Make space for early escalation

• Build relationships with HR so they know when to loop you in – not just when a grievance is formalised, but when patterns emerge.
• Share examples of what you consider red flags (e.g. repeated informal complaints about the same manager).

2. Offer light-touch legal input – early

• Even a 10-minute steer can help HR think through legal angles (e.g. discrimination risk, whistleblowing status).
• If a concern could escalate, document your advice and recommend steps – even if the response stays informal.

3. Help shape fair and lawful processes

• Coach HR and managers on the risks of going “off piste” with informal resolution.
• Ensure informal complaints are still logged and followed up – even if no formal outcome is needed.

4. Keep an eye on data and themes

• Review exit interview trends or HR dashboards for hotspots.
• If certain teams or managers trigger frequent complaints, dig deeper. Is there a pattern?

Don’t wait for the ET1

In-house lawyers are under pressure to do more with less – and it’s tempting to prioritise high-risk matters with immediate deadlines.

But employment disputes often aren’t high-risk… until they are.

By building early visibility of potential red flags – and nudging HR to act before formal grievances land – you can prevent the problems that eat up time, budget, and goodwill later.

Think of it as preventive lawyering: spotting the embers before they become a fire.