Grievances
We know how much a burden a grievance can be due to the time they take up, the disruption they cause and the negative impact they can have on your Business and your employees. A grievance is a concern, problem or complaint made by an employee to your organisation. Grievances typically relate to areas such as disagreements with colleagues; discrimination, bullying and harassment, health and safety and terms and conditions of employment.
On receipt of any grievance, you should ensure that you follow the ACAS code of practice on disciplinary and grievances as failing to do so can increase an award at an employment tribunal by 25% where a claimant is successful.
Things to consider?
- Is your grievance procedure written, available to everyone, specific and clear?
- Has the employee let you know the nature of the grievance and can it be managed informally? If informal resolution of the grievance is not possible, the employee should raise the matter formally and without unreasonable delay with a manager who is not the subject of the grievance. The employee should raise the grievance in writing and should set out the nature of the grievance.
- Who is the most appropriate impartial manager to carry out the investigation? This is never easy when it’s a small organisation and you may need to seek external help.
- The employee is entitled to be accompanied at any formal grievance hearing, have you offered this?
- Have you held a meeting with the employee to discuss the grievance?
- How are you going to carry out any necessary investigations, to establish the facts of the case? It should be held promptly and without unreasonable delay.
- Have you informed implicated employees of the basis of the problem and given them the opportunity to put their case in response before any decisions are made?
- Have you considered if an appeal is necessary?
- You should communicate the decision to the aggrieved employee, in writing, without unreasonable delay and, where appropriate, should set out what action you intend to take to resolve the grievance.
If you need HR help and support then get in touch.
Free Advice
Examples of support we can provide:
- Review your current grievance procedure and ensure it is legally compliant.
- Draft and implement new procedures to meet the needs of your organisation.
- Directly manage or support you through all the stages involved including investigations, hearings, and appeals.
- Train and coach your managers on all aspects of dispute resolution including cases of bullying, harassment, mediation and untenable working situations.
- Draft any associated paperwork including the drafting of legal documents such as settlement agreements.
