Grievances are concerns, problems or complaints that an employee has about an aspect of their work: this could be about a work colleague or manager, a decision, the application of a policy or another working relationship.
Before initiating a formal process, employees may wish to try to resolve grievances informally with Line Managers. This can be advantageous, particularly where there might be a close working relationship between a manager and an employee. It also allows for problems to be resolved quickly.
However, should matters not be satisfactorily resolved, it may be necessary for that employee to initiate the formal grievance procedure.
All formal grievances should be dealt with in line with the Labour Relations Agency Code of Practice on Disciplinary and Grievance Procedures. Industrial Tribunals will consider the Code in the process of their decision making following a substantive hearing and can decide to financially penalise any employer or employee for an unreasonable failure to adhere to the Code. Industrial Tribunal awards can be increased or decreased by up to 50% in these instances. The Code of Practice can be found here: http://Code of Practice on Disciplinary and Grievance Procedures – 3rd April 2011.pdf
Therefore, it is imperative that employers handle grievances swiftly, fairly and in line with their own internal policy and the Code of Practice.
Best practice grievance process
- The employee should raise the grievance in writing with management setting out the nature of the grievance and how they consider it might be resolved.
Employers should then act without reasonable delay and invite the employee to an investigation meeting to discuss the grievance. Employees have a statutory right to be accompanied at this meeting by a trade union representative or a work colleague.
- Employees and their representatives should take all reasonable steps to attend the grievance investigation meeting, where they should be given an opportunity to fully present their case. The investigating panel should also meet other relevant persons and potentially consider documents or other evidence. The investigator should be suitably independent and free from potential adverse influence from the subject of the grievance. Consideration should be given to adjourning the meeting, if necessary, to allow for further investigation. In certain circumstances, consideration should be given to holding the meeting virtually. However, employers should assess this on a case-by-case basis.
- In the event an employer is a small business with limited resources and personnel to address a grievance, it may be worth considering engaging the services of an external HR consultant to investigate the grievance. The involvement of an expert from outside the business can help demonstrate your commitment to providing a fair and unbiased investigation. The employee may feel their employer is taking their complaints seriously, which will encourage trust and active involvement with the grievance process.
- Following the investigation meeting, the employer should decide on what action, if any, to take. The decision, and a full explanation of how the decision was reached, should be communicated to the employee in writing and without unreasonable delay. The employee should also be informed of their right to appeal the outcome and any deadline for an appeal to be submitted should be stipulated.
- The employee should submit any appeal without unreasonable delay and should set out the grounds of appeal clearly.
- Appeals should be dealt with impartially and whenever possible, by a more senior manager who has not previously been involved in the case. Employees have a statutory right to be accompanied to the appeal hearing by a trade union representative or a work colleague.
- The outcome of the appeal should also be communicated without unreasonable delay. It should be made clear to the employee that this is the final stage of the grievance process.
- Where an employee raises a grievance during a disciplinary process, the disciplinary process may be temporarily suspended in order to deal with the grievance. However, depending on the nature of the grievance, there may be situations where the employer may find it more convenient to deal with both issues concurrently and legal advice should be sought as to the most appropriate course of action.
As outlined above, it is essential that employers should have a written grievance policy which is made available to all employees.
Whether you’re an employer addressing a grievance or an employee seeking advice in relation to raising a grievance, our specialist employment solicitors are here to help. Chloe Perkins is currently an Apprentice Solicitor in our Employment Department, having worked as a Legal Executive in the department for a number of years prior to commencement of her apprenticeship. Contact Chloe or the employment team on 028 9043 4015.
