What is it?
An employee is entitled to let you know via a grievance letter, email or discussion about any issues they have at work. The process after informal discussions have been exhausted is to raise a formal grievance letter laying out the problems they have. This is know as a step one letter. The grievance letter should be raised within 5 working days of the event taking place. It is most important that the employee does not ignore the grievance letter be it raised by the employee or their representative. Failure to respond can give rise to issues at tribunals at a later date.
How to deal with it?
When dealing with a grievance letter:
Deal with grievances sensitively, particularly where they concern other workers. You may wish to develop specific procedures for very sensitive matters involving unfair treatment eg, discrimination, bullying or harassment.
What else should be considered?
Consider also having a separate “whistleblowing” procedure, so that workers are encouraged to raise any complaints about wrongdoing eg fraud, internally rather than disclosing them outside the business.
If a worker raises a separate grievance during a disciplinary hearing, it’s good practice to adjourn the hearing until the grievance is dealt with.
By dealing with problems in a fair and reasonable manner, you’re much less likely to lose valued and skilled staff through resignation. It will also help you successfully defend a constructive dismissal claim.
In your disciplinary and grievance procedures you should provide for appeals. A written decision to a worker should note their right to appeal.
The procedures should:
• specify time limits for lodging and hearing the appeal
• provide (where possible) for a previously uninvolved manager to hear the appeal
• state the right to be accompanied by a colleague or trade union official
In addition, the disciplinary appeal procedure should explain what action may be taken as a result, and the grievance appeal procedure should state that the outcome of the appeal hearing is final.
How to prepare for a grievance hearing?
To prepare for a grievance or disciplinary appeal hearing:
At the appeal hearing, consider:
• the reasoning behind the appeal
• any new evidence since the earlier decision
You should write to the employee with the result and the reason for the decision as soon as possible after the hearing. Make it clear, if this is the case, that the decision is final.
A draft procedure to handle grievances is set out below:
The purpose of this procedure is to ensure that you have an opportunity to raise formally any grievances relating to your job or complaints regarding the Company or any member of the Company.
The Company’s aim is to ensure that your grievance or complaint is dealt with promptly and fairly.
The procedure does not confer any contractual rights further than any statutory minimum requirement according to the Employment Act 2002 (Dispute Resolution) Regulations 2004.
If you have a grievance about your employment you should discuss it informally with your immediate supervisor/manager.
If your grievance cannot be settled informally then you should raise it formally in line with the following procedure:
Step 1 – Statement of Grievance
You should set out your grievance in writing to your immediate supervisor/manager within 14 days of the date of the grievance.
Step 2 – Meeting
• You will be invited to attend a meeting to discuss the grievance.
• You should take all reasonable steps to attend this meeting.
• You may be accompanied by a work colleague if you so wish.
• You will be notified of the decision in writing.
Step 3 – Appeal
The Manager hearing the appeal will give a decision within 10 working days unless extended by mutual consent. This decision is the final stage of the procedure and will be given in writing.
It is important that you raise any grievance relating to your employment through the above procedure to ensure that the Company has an opportunity to investigate and satisfactorily resolve any issues you may have.
It is essential to the proper working of this procedure that any employee raising a grievance should continue to work normally whilst the procedure is being followed.
At all stages in the procedure you may be accompanied by a work colleague. The role of your colleague is to act as your witness or to speak on your behalf (whichever you prefer) but not to answer questions directed to you.
Where your complaint is of harassment, you should make use of the Company’s harassment procedure in the first instance.
Where the grievance relates to a disciplinary decision, you should use the Company’s disciplinary appeals procedure.