There are many potential reasons that give grounds for an employee to raise a grievance with their employer, ranging from the more straightforward (for example disagreement with their appraisal rating) to more serious issues like sexual harassment. The issue may relate to decisions made by the employer; the decisions and actions of their line manager, or the decisions and actions of other employees or even third parties, but the first thing to remember is that it must be taken seriously.
Grievance policy
The starting point should be the employer’s grievance policy and procedure. Although this post isn’t related to COVID-19 I should just add that new ways of working and the growth of homeworking should prompt employers to review their employment policies, including the grievance policy and procedure. The policy should then be readily available to employees by means of the employee handbook or an intranet for example.
First and foremost it should be consistent with the Acas code of practice on disciplinary and grievance procedures. Not only will that ensure that a fair process is followed but in the event that the matter results in a claim to an Employment Tribunal, failure to follow the code could result in any financial reward being increased by up to 25%.
“A failure to follow the Code does not, in itself, make a person or organisation liable to proceedings. However, Employment Tribunals will take the Code into account when considering relevant cases.”
Acas Code of Practice on disciplinary and grievance procedures, March 2015.
The policy should set out details covering:
- how to set out the grievance in writing
- who the grievance should be sent to
- who to write to if the normal contact person is involved in the grievance
- a meeting to discuss the issue
- how to appeal the decision
- how long each stage should take
The starting point should be that the policy encourages employees to raise matters informally first. However whilst that will be appropriate for many situations it will not be the best course of action for more serious issues such as sexual harassment. If the matter can be resolved informally, whether by means of an informal discussion or a more structured meeting, this will mean that the issue is dealt with by the quickest means and without the need to refer to the more formal process. Even in the informal setting, notes should be kept along with a record of any adjustments made and the outcome of the meeting.
Together with more serious issues, the employee may of course prefer to deal with the matter formally or they may be dissatisfied with the result of the informal process.
The formal process
As soon as you receive a formal grievance you should schedule a meeting with the employee to discuss their concerns as soon as possible. Give careful consideration as to who is best placed to conduct the hearing and the complexity and duration of the investigation that may be required. There are two things to think about in this regard: firstly, the nature of the grievance and the number of witnesses very often is much larger than might appear necessary at first, particularly in matters relating to bullying and harassment. Secondly, the time requirement must not be underestimated. Too often I’ve seen grievance matters take an excessive length of time to conclude because the manager appointed to deal with it doesn’t have the time to attend to it quickly, and the skills required, particularly in complex investigations, are lacking.
When inviting the employee to the meeting you should remind them of their right to be accompanied by a work colleague or an accredited trade union representative. Their companion, with the employee’s permission, can address the meeting but not answer questions directly on behalf of the employee. If the companion cannot attend at the scheduled time the meeting should be delayed to a time proposed by the employee so long as it is reasonable and not more than five working days after the date originally proposed.
The decision
Unless the matter is very straightforward it is likely that time we will be needed for investigation and for the facts to be considered before a decision can be reached. Any delay should be reasonable in the circumstances and the employee kept informed of progress.
The outcome should be confirmed in writing, setting out the reasons for the decision and any actions that should be taken as a consequence.
The letter should inform the employee of their right to appeal, how it should be exercised and any time period within which it should be made.
The appeal
Once you’ve received the appeal arrange a meeting to discuss it without delay. As before, and for the same reasons, carefully consider who should conduct the hearing and write to the employee to inform them of the arrangements. The person dealing with the appeal should be impartial and not involved previously. The best practice is to have someone more senior conduct the appeal.
Remember too that the employee has the same right to be accompanied as before.
Once concluded, and after any further investigation that may be necessary, write to the employee setting out the decision, the reasons for it and any actions that are to be taken as a consequence of the decision. This letter should state that the decision is final and the grievance process is concluded.
Additional points to remember
- deal with matters with as much confidentiality as you reasonably can
- maintain records throughout the process and store them in accordance with your data protection obligations
- If an employee raises a grievance as part of a disciplinary process it may be appropriate to temporarily suspend the disciplinary pending the outcome of the grievance, unless the grievance is concerned with the conduct of the disciplinary.