As an employer it is important to follow a grievance procedure to make sure you have done everything appropriate to deal with the matter. By following procedure you take emotion, hearsay, personal opinion and bias out of the matter. You deal with the facts of the situation in an ordered and systematic way. This will avoid the possibility of you and your company being accused of unfair treatment of staff and possibly ending up in front of an employment tribunal.
What is a Grievance?
A grievance is a concern, problem or complaint that a member of staff raises. The grievance could be about anything in relation to the workplace. It could be about another member of staff, management, working conditions, workloads. So there are no limitations on what a grievance could be about.
Staff should be encouraged to informally discuss grievances with their managers before raising a formal grievance. And this can be done in one to one sessions, team meetings or in general day to day communications. Staff should be encouraged to be open and honest and comfortable raising concerns. And managers should be trained to listen, engage and respond appropriately. In many cases this resolves issues and prevents concerns and problems from becoming serious. However, in some cases the issue may be too big to solve in this way and then a grievance procedure is necessary.
What is a Grievance Procedure?
All businesses and companies must have an up to date grievance policy and procedure in place. This will outline exactly how grievances should be dealt with. This could be found in:
A company handbook
Human Resources manual
HR Internet site
The grievance procedure should outline clearly the steps which need to take place. importantly they include:
- The employee putting in writing their grievance.
- A meeting set up to discuss the grievance
- A decision made with actions if necessary, within an acceptable, agreed timescale
- The right for the employee to appeal their employers decision if they are not satisfied with the outcome.
Appealing a workplace grievance procedure
An employee is entitled to appeal a grievance decision. Firstly they must have written a grievance letter, attended a grievance meeting, allowed for the agreed timescale. But they remain dissatisfied with the decision made or believe the procedure was not fair or appropriate. Indeed, should the matter go to an Industrial Employment Tribunal it is essential that both parties have followed the grievance procedure. This will be taken into account when judgement is made on the matter.
Firstly the employee must state clearly why they are appealing the decision and explain why they do not agree with it. Secondly, as an employer you may then arrange another meeting to discuss the appeal. At this stage it is appropriate for a more senior manager to attend. This meeting will be similar to the first and will again involve an agreed timescale by which time the employer must write to the employee with a final decision.
Industrial Tribunal and Fair Employment Tribunal
Only at this stage, if an employee remains dissatisfied and have exhausted all other options, can they now escalate the matter to a Tribunal. These are legal proceedings and will involve a third party becoming involved. Each party will present their side and a judgement will be made.
Employee protection during a grievance procedure
Importantly, an employee can not be dismissed or disadvantaged during this process. Staff are protected by the The Public Interest Disclosure Act 1998. This act governs whistleblowing in the UK. Under this act financial compensation is possible but certain requirements must be met.
Engage in Learning provide and online Discipline and Grievance training course. This course will help you understand policies and procedures, apply these in your work and know who to talk to if you have questions or concerns on the issue.