Grievance Procedure

Here are our top 10 tips for Grievance Procedures – understanding the best practice before, during, and after.

Compliance with the ACAS code of practice and referenced in the contract of employment are essential. It must be made available to all employees during their induction and freely available to review at any time during employment.

Check out our RnA Top Ten’s for Induction & Probation. 

Although most procedures state a grievance must be made in writing to the employer, when an employer is effectively put on notice that an employee has a grievance they should treat it seriously. 

Employees should, in the first instance, raise any workplace issues informally with their immediate line manager. However, this may not always be the case. Their issue may well be with their line manager, making it inappropriate for them to complain to. 

On receipt of a formal grievance, the employer should acknowledge it formally and adding an appropriate chairperson to meet with the employee without delay to hear the grievance. This appropriate person must be impartial and independent of the matters being complained about in the grievance. 

Unlike the disciplinary chairperson, the grievance chair person is responsible for hearing, investigation and responding to the grievance formally in writing. Although no formal training is mandated by law, they must however have the necessary skills, competence and time to enable them to discharge their obligations properly. 

Browse our Disciplinary Procedures RnA Top Ten’s. 

They can be accompanied at any grievance hearing by a work colleague, trade union representative or official. This is a statutory right, even if you do not have a trade union recognition agreement. If their chosen companion cannot attend on the date and time scheduled they have the right to reschedule within five days of the date arranged to enable them to secure an appropriate companion.

The purpose of the grievance hearing is to understand what the complaint(s) are, consider any evidence presented in support of those complaints, and determine what the desired outcome of the grievance investigation would be for the employee. 

Following the hearing, the chairperson must investigate the complaints in sufficient detail to enable them to make a full and fair assessment of the merits to determine the appropriate response to the grievance. 

We’ve got an RnA Top Ten for Investigations for you!

This investigation may involve the interviewing of other colleagues, manager, employees, and third parties. Interrogating company records, policies and procedures to ensure all the relevant facts and evidence are explored before determining the company’s formal response. 

Once complete, a formal outcome must be issued in writing. This might be that the complaint is upheld, meaning the evidence supports it. In which case remedial actions should be recommended and implemented to resolve matters.

Or it might not, meaning the evidence does not supply it, in which case the chairperson must explain why and give the employee the right of appeal against the decision. 

Or it might be a combination of the both, depending on the circumstances. 

Too many companies make the mistake of not explaining their decisions in sufficient detail so the employee understands. This just invites appeals and does not satisfy your legal obligations.

Not sure where to start with HR? Or are you a HR veteran and just need a little support in terms of documents and systems. No matter your situation or employee numbers – we’re here to support you.