Grievance Appeal Investigation
The challenge: A tough discrimination complaint.
A national company with sites all over the UK, that has a diverse and what they thought was an inclusive workforce faces a serious racial and religious discrimination complaint, with the local site manager and other management team members in the hot seat.
Initially, an internal HR Business Partner handled the grievance, but when the appeal pointed the finger at two other HR team members (including the HR Director), it was time to call in the cavalry.
The independent Investigator: Meet Adam, Director at RnA HR Solutions.
We sent Adam in to do what needed to be done to protect our client, and safeguard them from potentially costly litigation.
First things first, he contacted the appellant and set up an in-person meeting at a convenient location for them in the North-East of England.
Armed with having reviewed the case file and the appellant’s appeal notice, Adam was ready to dive in. The Appellant brought along a supportive colleague who, while invited to chime in, felt the details were already crystal clear.
Uncovering the appellant’s desired outcome.
Adam knew the million-dollar question: What do you think would be an appropriate outcome for you?
The appellant, however, was at a loss. Neither committing to stay at work nor asking for a settlement or compensation.
Investigation Strategy: The hunt for evidence.
After the meeting, that’s when the real work began.
Adam reviewed his notes and asked the appellant for additional evidence, including some intriguing recordings that had been mentioned but not previously provided (covert recordings are technically unlawful under the DPA 2018, but still admissible in tribunal regardless). Then, Adam crafted his investigation game plan: reviewing company records, and interviewing several current and former employees, including three members of the HR team!
Building the report: Finding the facts.
Adam pulled together a detailed report. Highlighting the grounds for appeal, a clear methodology about the evidence reviewed and gathered, and a summary of whether the evidence supported or refuted the grounds of appeal.
This rock-solid report was delivered to the CEO, along with an advice letter highlighting the risks and potential claims that might lead to a potentially costly Employment Tribunal.
The CEO’s verdict: Wrapping it up.
Armed with Adam’s work, the CEO responded to the appeal confidently, formally in writing, wrapping up the process. And while the appellant wasn’t too thrilled with the outcome, the thorough and well-considered investigation helping the CEO form their conclusions fairly, thoroughly and independently was crucial in defending against any potential tribunal claims they may have faced and potentially lost without it.
Client feedback: Praise and professional growth.
The client couldn’t stop singing Adam’s praises, especially his investigative skills and the thoroughness of his report. The HR Director stated that, although the interview was admittedly ‘a bit uncomfortable’, not being used to being on ‘that side of the table’. It was an invaluable learning experience for both their professional and team development.
For more tips and insights, check out our RnA Top Ten Grievance Procedure guide. And remember, always contact us before taking action!
