Dealing with a grievance
As a line manager, you probably handle requests, queries and complaints from your staff on an informal basis every day as part of your managerial role. However, on occasion these may develop into grievances.
The guiding principle when dealing with any grievance is that it should be settled fairly and as near as possible to its point of origin through informal means wherever possible.
As a manager you should try to deal with the issue informally before the formal grievance process.
If an employee wishes to pursue a formal grievance, they should be guided to the company’s formal grievance procedure.
Dealing with grievance informally
Grievances can often be resolved informally, through face-to-face discussion between the employee and his or her line manager, without the parties having to resort to a formal grievance procedure.
Sometimes it may be useful to consider using an independent third party (such an independent manager or a mediator) to help to resolve disputes in the workplace. It is always advisable to consider whether the grievance can be resolved informally. An informal meeting between the line manager and the employee can often resolve a grievance or, at the very least, clarify its scope and seriousness.
Dealing with grievance formally
The formal grievance procedure should be used whenever an employee has raised a problem or concern about:
• work
• the working environment
• terms and conditions of employment
• working relationships
This process is to be used when it has not proved possible to resolve the matter informally.
If an employee wishes to pursue a formal grievance, they should be guided to the company’s formal grievance procedure.
To assist the timely and effective resolution of grievances the Group has developed a grievance procedure where either an individual employee, or a group of employees, has raised a grievance.
It’s important to encourage the employee to raise the matter in writing, explaining clearly what the nature of the grievance is, and without unreasonable delay.
You should explain the stages the procedure and arrange for a meeting to discuss the grievance and how he or she thinks it should be resolved.
You must advise the employee that he or she has the right to be accompanied at the meeting (if he or she wishes) by a colleague or trade union representative.
It is important for you as a manager to identify the nature of a grievance as early as possible and to consult with HR Team, so as to ensure that the appropriate steps are taken to resolve it effectively.
Remember! Contact the HR Team for guidance and support.
How to conduct a grievance hearing
A grievance hearing is a meeting that deals with any grievance raised by an employee.
When arranging a grievance hearing you should:
• Hold the meeting in private where there will be no interruptions
• If the grievance concerns the line manager, consider who else could hear the complaint
• Advise the employee about the right to be accompanied
• Ensure an open discussion of the issues and give the employee a chance to say how they think it can be resolved
• Consider adjourning the meeting if further advice needs to be sought. Avoid snap decisions – even if the solution at first seems obvious, there may be repercussions to consider
• Following the meeting you should decide on what action, if any, you intend to take
• You should communicate your decision with the employee(s) without unreasonable delay. The employee(s) should also be informed that they can appeal if they are not content with the outcome.
The statutory right to be accompanied
All workers have a statutory right to be accompanied by a fellow worker or trade union official, where they are required, or invited, by their employer to attend any formal disciplinary or grievance hearing.
The companion may be:
• a fellow employee (i.e. an employer’s colleague)
• a workplace trade union representative, as long as they have been certified in writing by their union has having had experience
• The companion should be allowed to address the meeting, respond on behalf of the employee to any views expressed at the meeting, or confer with the employee during the hearing
• The companion does not, however, have the right to answer on behalf of the employee.
Grievance outcome
After the meeting any notes should be typed up or written out by hand as soon as possible. A copy of the notes of the grievance hearing should be given to the employee (although in certain circumstances some information may be withheld, for example, to protect a witness).
Good practice is to ask the employee to sign and return a copy of the minutes to confirm that he or she acknowledges that they are an accurate reflection of what was said at the meeting. If there is any disagreement with what actually happened in the meeting, this should be recorded on the notes.
Forward all paperwork to the HR Team who will store the paperwork securely and confidentially.
The importance of record keeping
All stages of the grievance should be recorded in writing. It is important to have written evidence to show what information the employee was given, what was said at the hearing, what decision was reached, and so on.
Key things to record
• the nature of the grievance
• what was decided and the action taken
• the reasons for the actions
• whether an appeal was lodged
• the outcome of the appeal
• subsequent developments
• notes of any formal meetings.
Managers should, in particular, keep records detailing the outcome of the grievance and any subsequent developments and send to the HR Team to be placed on the employee’s personal file.
An employee will be entitled to request and receive copies of the records held under the subject access provisions of the Data Protection Act 1998. So, it’s important that the notes reflect the process and outcome and both parties have signed the notes.
Grievance appeal
When an employee feels that their grievance has not been dealt with satisfactorily, they can appeal.
The employee should inform the HR Team the reasons for the appeal without unreasonable delay and in writing.
They have the right to be accompanied at the appeal meeting, and the outcome of the appeal should be given to the employee in writing without delay.
Overlapping grievance and discipline
In principle, grievance and disciplinary issues can be dealt with concurrently. In many cases, however, you may choose to deal with the two issues separately. This is often the best practice approach. Where an employee raises a grievance during a disciplinary process, we may temporarily suspend the disciplinary process in order to deal with the grievance.
It is recommended you contact the HR Team for advice and support.
Dealing with grievances about fellow employees
An employee may want to raise a grievance about a fellow employee. The reasons for this could include attitude, capability to do the job or even personal hygiene. You should first of all speak to the employee in question in private about any concerns raised to see if a formal grievance complaint can be avoided. You may also want to suggest using an independent mediator.
The Law
There is no prescribed form which the law requires for handling grievances.
Basic practical guidance is provided in the Acas Code of Practice and the Discipline and grievances at work:
A failure to follow the Code does not in itself make a person or organisation liable to proceedings, however, employment tribunals will take the Code into account when considering relevant cases.