All employees have a right to raise a formal grievance to resolve a work concern or situation and employers must allow employees the opportunity to appeal decisions made during the grievance process.
Our comprehensive two-part guide provides essential information for employers regarding grievance management. Part one discussed the key elements necessary for a lawful grievance procedure.
In this second part, we focus on the appeal process for employees who are dissatisfied with the grievance outcome and offer employers practical advice on running an effective appeal hearing. Additionally, we detail what should be included in a grievance policy and address some commonly asked questions from both employers and employees.
The Appeals Process
When communicating a grievance outcome to an employee, the employer should also inform the employee in writing of their right to appeal and give details of the deadline by which they need to do so.
A grievance appeals process allows an employee to challenge an employer’s decision. The Acas Code on Disciplinary and Grievance Procedures (“the Acas Code”) requires employers to hear any appeal without unreasonable delay. It is therefore important that an employer give any appeal they receive priority and also check any internal appeal procedures they have in place to minimise the risk of a breach of contract claim.
The appeals process typically involves a hearing at which the employee can present their case and any new evidence. The employer will then decide whether the original outcome was fair and whether it needs to be changed.
Preparing For An Appeal Hearing
After an employee has raised the appeal, the employer should invite them to a hearing. This is a meeting where the person carrying out the appeal hearing (“the chairperson”) will hear all the evidence, including any new evidence needed to make a final decision.
Notice of the appeal hearing’s date, timing and venue should be done in writing and as soon as possible, but it should also give the employee reasonable time to prepare for the appeal meeting. If the employee cannot attend the scheduled meeting due to a legitimate reason, such as illness, a suitable alternative date and time should be offered.
As with grievance hearings, the employer should also remind the employee of their right to be accompanied by a colleague or trade union representative. Employers can allow other companions, such as someone from a professional support body, a partner, spouse or legal representative, but they are not obliged to permit this.
The appeal chairperson should ensure that they have a solid understanding of the previous decision. To prepare for the appeal, they should have:
- carefully considered the appeal letter
- read the company’s disciplinary and grievance procedure
- reviewed the grievance file, including any investigation reports, witness statements and previous correspondence
- gathered any new evidence that has emerged since the initial hearing
Conducting The Appeals Hearing
The appeal meeting should be conducted in a calm, impartial and fair manner, similar to the initial grievance meeting. However, there are additional considerations to keep in mind. For instance, the appeals hearing should also specifically examine the reasoning behind the appeal and any new evidence that has surfaced since the earlier decision.
Ideally, the chairperson should be a manager with no prior involvement in the case before the appeal stage, preferably a more senior figure in the business, to avoid any allegations of bias. However, if this is not possible and if the person hearing the appeal is the same individual who heard the initial hearing, they should make sure that they are objective and thoroughly scrutinise their earlier decision.
The chairperson of the appeal hearing should introduce those present and state the purpose of the meeting. They should outline what will happen during the hearing, check with the employee why they are making the appeal and invite them to present any new evidence that they have gathered.
As with the grievance hearing, notes should be taken during the hearing. At the end of the hearing, the chairperson should summarise everything that has been discussed and outline the next steps before closing the hearing.
Communication With The Employee
As soon as possible following the appeal hearing, the employer should write to the employee with their decision and explain the rationale for it.
In instances where the employee fails to turn up for the hearing, the employer can continue with the appeal based on the information available and decide at that time. Nevertheless, it is prudent to consider the reason for the absence and attempt to reschedule the appeal if a valid explanation is provided. Should the employer choose to proceed with the appeal in the employee’s absence, it remains essential to inform the employee of the appeal decision in writing.
In cases where the appeals procedure is delayed, it is important to let the employee know as soon as feasible. Neglecting to do so may result in a tribunal increasing the amount of compensation awarded against the employer should the employee succeed with a claim further down the line.
What is a Grievance Policy?
A grievance policy is a formal document, outlining a structured and fair process for employees to raise concerns or complaints about their workplace. It sets out the steps the employees may take to report their grievances, as well as the employer’s process for investigating and resolving those grievances.
There is no specific law requiring employers to have a grievance policy in place. However, every employer should share a grievance procedure with their employees, which at a minimum, should align with the guidance set out in the Acas Code. Furthermore, it is considered best practice to set out the grievance procedure and associated rules and guidelines in a grievance policy. This approach is strongly recommended to mitigate any potential misunderstandings or legal risks associated with non-compliance.
The grievance policy may be referenced in employees’ contracts of employment; however, if it is incorporated in an employee’s employment contract, it is important to adhere to it meticulously when addressing a grievance. Failure to do so may result in the employee pursuing a breach of contract claim against the employer.
What Should Be Included in A Grievance Policy?
A grievance policy should include the following information:
- contact details of the individual responsible for managing grievances
- procedures for addressing grievances that can be resolved informally, as well as those requiring formal resolution
- timelines for each step of the grievance process
- details regarding employees’ legal right to be accompanied during meetings
- information on how to request an appeal
- Non-exhaustive examples of issues suitable for the grievance process, such as issues relating to wages, workplace conditions, the conduct of other employees or colleagues, and excessive workload.
Additionally, it should clearly state that the employer is committed to addressing grievances fairly and consistently and ensuring that all parties have the opportunity to express their views before any decisions are made.
The Importance of A Grievance Policy
A grievance policy serves as a vital mechanism for ensuring that employees feel heard and valued. It fosters a positive workplace culture by guaranteeing that concerns are dealt with fairly and transparently.
Having a grievance policy in place also enables disputes to be resolved lawfully and consistently. It provides the employer with an opportunity to rectify any issues and take proactive steps to resolve workplace conflict early on, thereby potentially avoiding bad feelings, loss of talent through staff departures, costly legal disputes and damage to the organisation’s reputation.
How We Can Help
A well-structured and robust grievance policy is crucial for employers of all sizes, as it reduces the risk of workplace disputes escalating into more significant problems.
We possess extensive experience in advising on handling workplace grievances and complaints. We can assist by:
- creating a grievance policy tailored to your business’s needs while minimising any risks to the organisation
- providing guidance and support on issues that may arise during any stage of a grievance complaint, including appeals
- offering training to your organisation on effectively handling employee concerns and conducting a grievance or appeal grievance hearing.
Contact us today on 0300 303 2071 or send us an email for more information.
FAQ
What are the key steps in a grievance process?
The main steps in a grievance procedure include the following:
- the employee submitting a formal written complaint
- the employer investigating the grievance and gathering evidence
- a grievance meeting is being held
- the outcome being communicated to the employee
- the employee being given the option to appeal the decision
How long should I expect a grievance to take?
There is no fixed time limit; however, employers are required to deal with a grievance within a reasonable period. The specific duration of the grievance process will vary depending on the complexity of the issue and the procedural steps involved, such as whether an appeal is filed or if mediation is needed.
What happens if a grievance is disregarded?
If a grievance is disregarded or only superficially addressed, the employee may have grounds to resign and claim constructive unfair dismissal. Additionally, they may assert that the failure to adequately address the grievance constitutes discrimination or detriment for blowing the whistle.
Employers who do not follow the guidelines established in the Acas Code may face an increase in an employee’s compensation award by up to 25% in successful tribunal proceedings.
What are common grounds for a grievance at work?
Common grounds for bringing a workplace grievance include issues relating to pay and benefits, being passed over for promotions, unsafe working conditions, harassment or bullying, excessive workloads and violation of company policies or employment contracts.
What are the potential outcomes of a grievance?
A grievance may be rejected or upheld. Sometimes, in cases where a grievance is not upheld, the employee may temporarily continue in employment but seek to leave thereafter. Another common resolution involves both the employer and employee recognising that it may be in the best interests of the employee to depart, leading to negotiations for a settlement agreement.
To whom should the grievance outcome letter be directed?
The grievance outcome letter should be directed to the employee who filed the grievance, as it outlines the decision made regarding their complaint as well as the reasons behind it.
What should an employer do if a grievance is upheld?
If a grievance is upheld, the employer will have to take remedial action to address the issue and ensure a similar situation doesn’t arise again. This may include disciplinary action if the grievance involves other people or it may require changes to the employee’s working conditions or pay. If the grievance is particularly serious, the employee may be able to claim compensation even if the company has acknowledged and taken steps to solve the issue.
