Grievance Processes
Issues inevitably arise at work and grievance processes are intended to be used as a formal way for employees to raise a problem or complaint with their employer.
Most employers will have their own grievance process in place, otherwise they will be expected to follow the ACAS Code of Practice on disciplinary and grievance procedures.
Why is it a good idea to follow a grievance process?
Without following a grievance process, an employer is susceptible to workplace issues not being resolved leaving disgruntled employees, friction in the workplace, potential valued employees leaving and reputational damage.
Both employers and employees should ideally see this process as a means of attempting to resolve issues in a structured and consistent way.
Expectations when a grievance is raised
An employer is expected to do the following:
- Attempt to use informal methods of resolving disputes in the first instance
- Follow the ACAS Code of Practice. A failure to do this from either side can lead to compensation being increased/decreased in any subsequent Employment Tribunal claim
- Follow their contract/policy requirements if over and above those set out in the ACAS Code
- Avoid an antagonistic or judgmental approach when dealing with complaints, dealing with matters with an open mind
- Respond appropriately to avoid escalating matters
Summary of process to be followed
- If an employee is unable to resolve matters informally, a formal grievance should be submitted in writing, setting out the nature of the grievance
- Employer may conduct an investigation/fact finding exercise, as appropriate
- Any investigator should be impartial and ideally trained in conducting investigations. Often this will be a line manager or someone from HR
- Ideally a written report will be produced following a reasonable investigation setting out the evidence collected, what could not be collected (and why), witnesses who were interviewed, the findings of the investigation and the investigator’s recommendations
- Hold a grievance meeting (this may be held before or after the investigation)
- The purpose of this meeting is for the employee to explain their grievance and how they think it should be resolved
- A decision should then be provided in writing, setting out the outcome of the grievance and any recommendations
- An appeal should be offered if the grievance has not been resolved to the employee’s satisfaction
Other options
Mediation may sometimes be considered as an option to resolving the problem, but it requires both parties to agree to participate in the process. This is a process conducted by an impartial party with a view to reaching a resolution that works for all parties.
Employment Tribunal claim
Sometimes, it is not possible for employees to sort out their work issues with their employer and they may consider making an employment tribunal claim (although taking advice prior to this step is recommended). Although not mandatory, an Employment Tribunal will expect the employee to have raised a formal grievance before making a claim.
