Addressing employees’ grievances effectively and fairly is essential for minimising workplace conflict and resolving issues promptly, thereby reducing the likelihood of costly and time-consuming tribunal claims.
Our comprehensive two-part guide explains everything employers need to know about handling a grievance. This part focuses on the key elements necessary for a lawful grievance procedure while part two details the appeal process for employees dissatisfied with the grievance outcome. It also outlines what should be included in a grievance policy and addresses several common questions raised by employers and employees alike. You can access part two here.
What is a Grievance?
A grievance is any concern, problem or complaint that an employee wishes to bring to the attention of their employer regarding the business, an individual or a group of individuals within the organisation.
It could relate to anything, including (but not limited to) working conditions, pay, new procedures or policies, discrimination, unfair treatment or any other aspect of their treatment within the workplace. All employees are entitled to submit a grievance, irrespective of how long the company has employed them, and they may do so at any time, including in response to disciplinary, redundancy situations or performance processes brought against them.
Raising a Grievance: Informal v Formal Procedures
An informal grievance represents a more casual way to raise a concern at work, whereas a formal grievance is a more formal, documented complaint. Many grievances can be effectively resolved through informal routes; such grievances tend to be simpler to resolve while formal grievances may necessitate thorough investigation.
Informal Grievances
When an employee encounters an issue in the workplace, it’s generally advisable for them to attempt to resolve the matter informally by scheduling a meeting with their line manager to articulate their concerns.
Even if an employee has approached the issue informally, it is essential to take their concerns seriously and provide a response within a reasonable time.
To effectively address the informal grievance, an employer should set up a face-to-face meeting with the employee, allowing them the opportunity to explain the issue and its impact on them.
The employer is responsible for exploring potential solutions to address the issue and agree to any follow-up action to resolve the concerns. It is crucial to document the nature of the complaint, how it was dealt with, and the final outcome. This documentation is vital if the matter escalates into a formal grievance or even an employment tribunal claim.
Lastly, the employer should follow up on the matter shortly after the initial meeting to check that the problem has been resolved for the employee. If the problem persists, it will be necessary to explore what has happened and why the informal procedure has not been effective.
Formal Grievances
In instances where the employee feels that informal discussions have been ineffective, or when the matter at hand is of a serious issue - such as allegations of sexual harassment or whistleblowing - they may opt to submit a formal grievance in writing.
The grievance should comprehensively outline the employee’s dissatisfaction, detailing the specific circumstances that prompted the formal complaint. The employee should raise their grievance in line with their employer’s grievance procedure requirements, which will typically require them to put their concerns in writing to their direct supervisor. If the complaint pertains to their supervisor, then the employee should direct their complaint to a member of the HR department.
Upon receipt of a grievance letter, the employer is obliged to promptly acknowledge its receipt and conduct the necessary investigations to establish the facts surrounding the case.
It is important to recognise that not all employees will explicitly label their written communication as a ‘letter of grievance.’ Therefore, employers should carefully evaluate the contents of the letter to determine whether it constitutes a formal grievance.
Following a Formal Grievance Procedure
When an employee raises a formal grievance, the employer must adhere to a formal procedure. This procedure should offer clear guidance on how an employer intends to address a grievance and outline potential outcomes that the employee may anticipate. Additionally, it should specify details of the individual that an employee should contact about a grievance and how to contact them.
Businesses are required to set out a written grievance procedure, which should be readily accessible for employees, such as within the staff handbook or contract of employment. In the absence of a specific procedure tailored to the business, an employer will need to comply with the minimum standards, outlined in the Acas Code of Practice on Disciplinary and Grievance Proceedings (the Acas Code).
Steps in the Grievance Procedure
Generally, after the employee submits a written grievance and it has been acknowledged by the employer, the grievance process consists of the following steps:
- Investigation – the employer is required to gather information and evidence regarding the issue from all sides, which will be assessed by an impartial investigator.
- Notification of the grievance meeting/hearing – the employee must receive written notification of the grievance hearing, along with adequate time to prepare for the discussion.
- Grievance meeting/hearing- the employer should convene a meeting with the employee to discuss the grievance, allowing the employee to present their desired resolution and any supporting evidence.
Legally, employees have the right to bring a ‘companion’ to a grievance meeting. This can be a colleague, a workplace trade union representative, or an official employed by a trade union. While the right to be accompanied applies when the grievance is about an employer breaching a legal or contractual duty, it is good practice to allow the employee to be accompanied in all circumstances.
During the meeting, the employer must maintain impartiality and ensure that detailed notes have been taken about the issues presented. It is also necessary to go through the evidence and determine whether further investigation is warranted. After the meeting, a copy of the notes should be given to the employee, who should be asked to confirm their accuracy. Additionally, the employer should indicate when a decision will be made.
- Decision or Outcome – After the grievance hearing, a decision must be reached on the best outcome based on findings from the investigations and the meeting. Consideration should be given to what is fair and reasonable, as well as how the organisation has handled similar cases. The outcome should be communicated to the employee in writing as soon as possible, including the rationale for the decision and any subsequent actions that will be taken.
- Employee Appeal – Employees should be granted the right to appeal against your decision. Should the employee feel that the outcome failed to address the issue or that any stage of the grievance procedure was conducted improperly or unjustly, they can submit a written appeal, outlining the reasons for their appeal.
Common Grievance Outcomes
The outcomes of a grievance procedure can include the following:
- no action taken
- resolution of the issue through mediation
- modifications to workplace practices
- an expression of apology
- disciplinary measures against the parties involved.
The employer needs to maintain a record of the grievance, its outcome, the actions implemented, and the rationale behind those actions.
What are the Consequences of Not Following A Formal Procedure?
Unreasonably failing to adhere to a formal grievance procedure can have several adverse consequences.
It could undermine an employee’s trust and confidence in the employer, potentially prompting the employee to resign and claim constructive unfair dismissal before an employment tribunal.
Moreover, an employer’s disregard for their grievance procedure may be considered by an employment tribunal when determining the amount of compensation to be awarded to an employee who has made a successful claim. For instance, non-compliance with the employer’s grievance procedure can lead to an increase in the employee’s compensation by up to 25 %.
If an employer fails to comply with the grievance process outlined in an employee’s contract of employment, the employee may also have grounds to claim for breach of contract.
Lastly, failing to follow the grievance procedure properly can lead to allegations of unfair treatment and discrimination. As a result, the process must be conducted in a fair, impartial and well-documented manner.
The Acas Code and the Law
The Acas Code requires employers to follow a comprehensive and fair procedure when addressing grievances at work. It sets out the basic requirements and standards necessary for ensuring fairness in grievance procedures.
Although it is not legally binding, non-compliance with the Code may lead to serious repercussions in an employment tribunal. The procedures adopted by an employer, along with the employee’s actions, will be taken into account if the case escalates to an employment tribunal. For instance, there is a possibility that compensation awarded to an employee may be reduced if the employee has not first pursued an internal grievance before tribunal proceedings.
Training Supervisors and Managers
Adequate training for supervisors and managers regarding grievance procedures is essential in reducing the likelihood of disputes and ensuring compliance with employment law. This training equips them with the skills to handle employee complaints fairly and consistently, thereby ensuring that employees receive a just hearing and resolution.
Connected Grievances
In instances where multiple grievances are interconnected, the employer is required to follow the formal procedure for each grievance while taking into account the individual preferences of each employee. Although maintaining confidentiality is still crucial, there may be some leeway in the execution of the grievance procedure in these circumstances. For example, if all employees involved consent, it may be feasible to conduct a single meeting to address all the grievances collectively. However, it is essential to ensure that each employee retains the right to a separate grievance meeting, during which other employees involved in the grievance are not present.
Mediation: A Tool For Addressing Grievances
Mediation, a type of alternative dispute resolution (ADR) that involves an independent impartial third party, serves as an informal method for resolving conflicts in the workplace, including grievances.
Mediation can be employed at any point of a dispute; however, it tends to yield better results when used early on, before the parties have become entrenched in their positions.
Some organisations incorporate mediation as an optional step within their formal disciplinary and grievance procedure. It can be particularly effective in resolving grievances relating to communication problems, bullying and harassment, personality clashes and relationship breakdowns. Typically, however, it would rarely be used to resolve disputes such as pay or issues related to dismissal or conduct.
Should mediation fail to achieve a resolution, the formal grievance process may still be pursued.
How We Can Assist
Getting the process right during a grievance is crucial to preventing the situation from escalating into an employment tribunal claim. We are experienced in addressing various workplace management issues, including providing guidance on handling workplace grievances and complaints. For further information, contact us today on 0300 303 2071 or email us.
