How to... Manage grievances A quick and easy reference guide on the basics
1 Top tips on managing grievances 1. Follow the Acas Code 2. Comply with your own policy/procedure 3. Carry out a thorough investigation within a reasonable timeframe 4. Invite the employee to a grievance hearing and hold the grievance meeting promptly 5. Consider the evidence carefully, decide the outcome and confirm the decision in writing within a reasonable timeframe 6. Give the employee a right of appeal and deal with any appeal promptly, confirming the outcome in writing About our HR How to Guides These bite-sized reference guides provide an outline of the processes commonly managed by HR in the workplace. They do not provide full detail of these processes and are not a substitute for legal advice, particularly as every situation will depend on the particular circumstances.
2 Managing grievances What is a grievance? Grievances are concerns, problems or complaints raised by members of staff. They may arise over issues such as terms and conditions of employment, relations with colleagues or management, workload, organisational change or discrimination. Employers must have a procedure in place to deal with grievances raised by employees but should try to resolve issues informally before they escalate. Why is it important to get the process right? Dealing with grievances effectively will help to foster a culture of fair treatment that impacts on staff retention levels and enables employers to resolve workplace issues early, to avoid a breakdown of the employment relationship and, ultimately, to avoid tribunal claims. The Acas Code of Practice on Disciplinary and Grievance Procedures provides guidance to employers and employees to help resolve grievances effectively in the workplace and should usually be followed. Although it is not legally binding, if the Code applies and the employee subsequently brings a successful tribunal claim and either the employer or the employee unreasonably failed to follow the Code, the level of compensation awarded may be increased or decreased by up to 25% depending if a party is at fault.
3 Investigate the complaint and hold a grievance meeting It is important that grievances are dealt with promptly. Complaints left to fester tend to get worse and entrench positions. Failing to deal with a grievance quickly or properly can lead to a constructive dismissal claim. Decide whether the grievance can be resolved informally. If not, ensure that the organisation's grievance procedure and the ACAS Code are followed. Appoint a manager to deal with the grievance, usually the employee's line manager or supervisor or HR. If the grievance involves the manager or supervisor then appoint somebody else. Communicate the outcome of the grievance Give proper consideration to all the evidence before making a decision. The manager should inform the employee in writing within a reasonable timeframe of the decision and why that decision was reached. If the grievance is upheld in full or in part, the employee should also be given details of any action that will be taken to resolve the grievance. Inform the employee of their right to appeal against the grievance outcome. Carry out a full investigation, interview witnesses and keep a record of all the investigation meetings. Invite the employee to a grievance meeting at a reasonable time and place, and without unreasonable delay. Inform them of their statutory right to be accompanied at that meeting by a fellow worker or trade union representative. This applies even if you do not recognise a union. Give the evidence to the employee in plenty of time before the grievance meeting. The grievance hearing should be fair and impartial, and the employee must have the opportunity to explain their grievance fully, and how they think it should be resolved. In many cases, an acknowledgment or apology may be all the employee wants. Ensure that someone who is not involved in the grievance attends to take notes of the meeting.
4 Dealing with appeals If the employee appeals against the grievance outcome, they should be asked to provide full grounds of their appeal. The appeal should be dealt with impartially by someone who was not involved in the grievance hearing, where possible. Invite the employee to an appeal hearing, to be held without unreasonable delay, and inform them of their right to be accompanied at that hearing. Please contact one of the partners in our team, or your usual advisor at Clyde & Co. Robert Hill Partner T: +44 20 7876 6214 E: robert.hill@clydeco.com Following the appeal hearing, and any further investigations that are necessary, inform the employee of the appeal decision in writing without unreasonable delay.
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