Employment Law: what is the best way to deal with a grievance?
13th October 2024
Author EditorPosted on Categories Legal
By Alex Jones, Managing Director of 365 Employment Law.
If an employee has a problem at work it is usually a good idea for them to raise it informally first.
A grievance procedure is a formal way for an employee to raise a problem or complaint to their employer.
The employee can raise a grievance if:
• raising it informally has not worked
• they do not want it dealt with informally
• it’s a very serious issue, for example sexual harassment
Following a formal procedure
When an employee raises a formal grievance, their employer should follow a formal procedure.
Employers should have their own grievance procedure. Otherwise, they must follow the Acas Code of Practice on disciplinary and grievance procedures. The procedure they’ve followed will be taken into account if the case reaches an employment tribunal.
Regardless of the size of the organisation, all employers should follow a full and fair grievance procedure.
The employee should always raise the grievance as soon as they can and take any actions expected of them as soon as possible.
The employee should check their organisation grievance policy to find out the full grievance procedure and who they should send their grievance to. The grievance should be put in writing to whoever is most appropriate. This could be their line manager or HR manager.
Responding to a grievance
The employer should keep written records of what takes place during the grievance procedure. This includes:
• what the grievance is about
• any decisions and actions taken, and why
• whether the employee appeals the grievance outcome
The employer should keep all personal information confidential.
Before getting more information and evidence, the employer should avoid assuming anything about the grievance or the people involved. They should be sensitive to the circumstances and needs of the person the grievance is about, as well as the person who raised the grievance.
The employer should investigate the grievance so that they can make a fair decision about the grievance. If the grievance could be a criminal matter, for example it’s related to an assault, the police might need to be involved.
If more than one person in an organisation has the same grievance, it might be best to raise it collectively.
The grievance meeting
When an employee raises a formal grievance, the employer should hold a meeting with them. A grievance meeting is sometimes called a ‘hearing’. The employer should hold the meeting ‘without unreasonable delay’ – ideally within 5 working days.
To keep the procedure fair, the employer should consider information or evidence from all sides. If a similar grievance has happened before they should aim to follow the same fair procedure
The employee, employer and any companions should make every effort to attend the meeting on the date set.
The meeting is the chance for the person who raised the grievance to explain and show any evidence they have. It’s also the chance for the employer to ask questions, so that they know what steps to take.
The employer should remain impartial and do their best to understand the feelings of the person raising the grievance. They should take notes or appoint someone else to take them
The employer will go through the evidence and consider if they need to investigate further. They might need to take some time to investigate so they can make a fair decision. If necessary they can set up another grievance meeting once they have found out more information.
At the end of the meeting the employer should give the employee copies of the meeting record and notes taken, ask the employee to confirm the notes are accurate and tell the employee when they will get a decision.
The amount of time needed for a decision should be in line with the organisation grievance policy, if there is one.
Deciding the outcome
After following a fair grievance procedure, the employer should decide on the best outcome based on:
• the findings from meetings and investigations
• what is fair and reasonable
• what their organisation has done in similar cases before
The employer should tell the employee of the outcome as soon as possible and put it in writing.
If the grievance involved other people in the organisation and it was upheld, the employer might need to start a disciplinary procedure.
The employer should offer the employee the right of appeal.
After the grievance
The grievance outcome and details must remain confidential. However, where appropriate, it can be a good idea for the employer to talk privately with any staff who were directly involved in the grievance.
No matter what the outcome, employers should keep a written record of all grievance cases to help with any questions or similar cases in the future.
If the employee feels they’ve tried everything and their problem is still not resolved, they could in some cases make a claim to an employment tribunal.
Employers should always take advice at the earliest opportunity.
365 Employment Law Solicitors
Tel: 01903 863284