Difficulties can arise at various points in the employment relationship with staff and employers.
Businesses have grievance procedures to ensure that these challenges are dealt with fairly and consistently.
Holly Dobson, director and head of employment law, looks at how a proactive approach to preventing grievances, and being alert to when formal grievance procedures are triggered, makes good business sense, and alternatively how resolution can be undertaken.
She said: “Companies should always be alert to potential issues where a grievance may arise – this could be issues including bullying, harassment and discrimination.
“Effective forward planning and management means having grievance policies and procedures in place. These should be in writing and you should make sure all staff are aware.
“Training senior staff and managers to pick up the clues along the way for example in appraisals is also useful.
“Taking pro-active steps to speak informally to staff to raise any potential issues and highlighting compliance with policies and procedures makes sense. This is not easy when the staff member is senior within the organisation; but a constructive discussion, aimed at a united goal of avoiding problems for the business as a whole will be easier than you might think. The discussion can be based around the relevant policies to start with and can then move to how behaviours might be perceived by staff members.”
“Should an issue arise you are then on the front foot.”
Recognising a grievance is important. It can come through various channels, always in writing, and could be raised in a disciplinary appeal, a resignation letter and comments on appraisal documents or an email.
Holly said: “Clarification is essential and informal resolution is always the first route. If this is not possible then preparation and planning is key as is understanding the resources available to you, always with one eye on a fair and reasonable outcome.
“The employer and line manager should try to resolve any grievance informally in the first instance.
“Where this is not possible, employers should arrange a formal meeting as quickly as possible, and should carry out any necessary investigations to establish the facts of the case, listening to all relevant parties.
“Employees should be accompanied at any formal meeting if they wish and have the right to appeal against any formal decision made.”
The grievances tool kit
- Contract – does it state the grievance procedures
- Grievance procedure(s) – does the company have any formal procedures
- ACAS Code of Practice – read it and file for any potential cases. Non compliance can lead to up to 25 per cent adjustment in employment tribunal awards.
- ACAS Guide – file it in the same place for eventualities
- Other relevant procedures e.g. bullying/harassment/whistleblowing – are these addressed in your polices
- Consider investigations at the outset – be fair, consistent and reasonable – plan, collect evidence, witness statements, compile a report.
Holly said: “If you conduct a hearing, it’s a good idea to put yourself in the shoes of the complainant and make sure they are clear about the process, and are clear about any meetings or hearings.”
“Allow the complainant to talk and use open/neutral questions to clarify. It is a good idea to summarise as you go along, and at the end, and give yourself proper time to consider matters after the meeting.”
The ACAS Code of Practice on disciplinary and grievance procedures gives practical guidance for handling these issues in the workplace.
Holly added: “Failure to follow the code doesn't make a person or organisation liable to proceedings, however, an employment tribunal will take it into account when considering relevant cases.
“Employers and employees should always look to resolve disciplinary and grievance issues in the workplace first.
“Cases of minor misconduct or unsatisfactory performance are usually best dealt with informally.
“Tricky cases, such as concurrent grievance and disciplinary procedures, complaints by job applicants, by employees as they hand in their notice, or after they have left, will need specialist help.”
For further information on grievance procedures and other employment matters contact Holly Dobson on 0114 224 2121 or email [email protected]
