Raising a Formal Grievance and Outcome

Understanding the options

If an employee has a problem at work, It’s usually a better idea for them to raise it informally first. The employer should respond even if the problem is raised informally.

The employee can raise a grievance if:

•        They feel raising it informally has not worked

•        They do not want it dealt with informally

•        It’s a very serious issue, for example sexual harassment or ‘whistleblowing’

Following a formal procedure

When an employee raises a formal grievance, their employer should follow a formal procedure.The workplace should have its own grievance procedure. If the workplace has its own grievance procedure, It should be in writing and easy to find.

The company must follow a full and fair procedure for any discipline or grievance case. The procedure followed will be taken into account if the case reaches an employment tribunal.

Regardless of the size of the organisation, all employers should follow a full and fair grievance procedure as set out.

•        Make clear they will deal with grievances fairly and consistently

•        Investigate to get as much information as possible

•        Allow the employee to bring a relevant person to a grievance meeting

•        Give everyone a chance to have their say before making a decision

•        Take actions and make decisions as soon as they can

•        Allow the employee to appeal against the grievance outcome

The procedure can be adjusted depending on size. For example, a manager of a small business with one or 2 employees might need to manage the grievance procedure on their own.

The employee should always:

•        Raise the grievance as soon as they can

•        Take any actions expected of them as soon as they can

If there are 2 or more related grievances, the employer should:

•        Still follow the formal procedure, for all the grievances

•        Keep information confidential

•        Consider what each employee’s wants

•        Explain to the employees how it is dealing with the grievances

Using mediation

Can use mediation at any stage. Mediation involves an independent, impartial person working with both sides to find a solution.

The mediator can be someone from inside or outside your organization. Both sides will need to agree to mediation.

Raising a formal grievance

The employee should check their workplace grievance policy to find out:

•        How to raise a formal grievance

•        Who they should send it to

•        What is the full grievance procedure is

If there is no workplace grievance procedure, the employee should approach their line manager first. If they do not feel comfortable doing that, they should approach someone else they feel comfortable talking to (such as another manager or someone in HR).

Employees can also talk to their trade union, if they have one, for advice and support.

How an employee can raise a grievance

The employee with the grievance should put it in writing to whoever is most appropriate – this could be their line manager, HR manager or employer.

The letter or email should include:

•        What the grievance is about

•        Any evidence, for example a payslip or employment contract

•        What they want their employer to do about it

Responding to a formal grievance

The person who handles the grievance procedure should have had training. He or she must follow a full and fair procedure in line with any discipline or grievance case. The procedure  followed will be taken into account if the case reaches an employment tribunal.

If anything similar has happened before ;

To keep things fair, an employer should do all of the following ;

•        Aim to follow the same fair procedure

•        Gather evidence from all sides

•        Consider all the information

•        Keeping written records

The employer should keep written records of what takes place during the grievance procedure. This includes;

•        What the grievance is about

•        Any decisions and actions taken, and why

•        Whether the employee appeals the grievance outcome

•        Protecting personal information

The employer should keep all personal information confidential.

Investigating

The employer should investigate the grievance so that they can make a fair decision about the grievance.

If a crime could have occurred ;

If the grievance could be a criminal matter (for example, it’s related to an assault), the police might need to be involved.

Employers and employees should use their own judgement about when to involve the police.

Keep talking

It’s important for the employer to keep talking confidentially with the employee who raised the grievance, anyone else involved in the grievance,

clear, regular and confidential communication can help avoid;

•        Misunderstandings

•        A drop in work morale.

•        Stress or other mental health issues.

•        Further action, such as more grievances

•        Legal action later on looking after employees’ well being and mental health

 Looking out for employees’ well being and offering support can help prevent ;

•        Absence

•        Mental health issues arising

•        Existing mental health issues getting worse

The grievance meeting

When an employee raises a formal grievance, the employer should arrange to hold a meeting within 5 working days ideally. The employer should allow employees enough time to prepare for the meeting. The employer can arrange for someone not involved in the grievance to:

•        Take notes at the meeting

•        Act as a witness if necessary

•        To keep the procedure fair

•        Consider information or evidence from all sides

•        See if a similar grievance has happened before and aim to follow the same   fair procedure 

Deciding the outcome

After following a fair grievance procedure, the employer should decide on the best outcome based on:

•        The findings from meetings and investigations

•        What is fair and reasonable

•        What their workplace has done in any similar cases before

The employer should tell the employee of the outcome as soon as possible and in writing. If the grievance involved other people in the workplace and it was upheld, the employer might need to start a disciplinary procedure.   

If the employer decides no action is needed, to make sure there is no bad feeling, the employer should talk privately with the employee.

It’s a good idea for the employer to keep a note of how they carried out the procedure for future reference.

The employee’s right of appeal

The employer should offer the employee the right of appeal. This is so the employee can raise an appeal if they feel ;

•        The outcome does not resolve the problem

•        Any stage of the grievance procedure was wrong or unfair

•        Find out more about raising an appeal  

After the grievance procedure

The grievance outcome and details must remain confidential. However, where appropriate, it can be a good idea for the employer to talk privately with any staff involved in the grievance.

This can help avoid any negative effects on the organization, for example;

•        Bad feeling

•        Gossip

•        Bullying

•        Low work morale

No matter what the outcome, it’s a good idea for employers to keep a written record of all grievance cases to help with any questions or similar cases in the future.

In line with data protection law, records should be;

•        Confidential

•        Only be kept for as long as necessary

If the employee needs to take things further,

If the employee feels they’ve tried everything and their problem is still not resolved, they could in some cases make a claim to an employment...

References

Anastasia , B., 2017. Effective ways of handling employee grievances, s.l.: Cleverism.com.

Anon., 2020. Acas. [Online]
Available at: https://www.acas.org.uk/grievance-procedure-step-by-step
[Accessed 05 June 2020].