Handling grievances at work is part of employee management and business operations. It also includes knowing how to set up a grievance procedure and hold a grievance hearing.
Employees often try informal methods to resolve a concern or problem.
But, they can make a formal grievance complaint to their employer if that process fails.
That means businesses must have a written formal grievance procedure in place.
You should share it with your staff showing how the procedure works and how long the process takes.
There are further steps to take after you set up a grievance hearing.
Having heard the evidence, you must then give your decision in writing to your employee. They have a legal right to appeal your decision if they are still unsatisfied with the outcome.
There is a long list of employment laws that employers must follow. The list includes setting out a workplace grievance procedure. Employers must then share it in writing with all their employees.
As a rule, you will the grievance procedure in the statement of employment or noted in a staff handbook. Either way, it must include:
Extra information written in a workplace grievance procedure should also include:
Most employers make their disciplinary procedures as part of an employment contract. But, an employee can make a breach of contract claim against you if you fail to follow those procedures.
Note: Not following the Acas code is not illegal. But, problems can arise if someone wins an employment tribunal against you. Their award could be up to 25% higher if you failed to follow the code.
Employers should carry out some important steps before holding a grievance hearing, such as:
In some cases, the employee is unable to attend the hearing (e.g. because they are ill). In this case you should schedule a reasonable alternative date and time.
Your employee can choose to delay the hearing if the person accompanying is unable to attend. They must inform you within 5 working days after you scheduled the original meeting time.
There are circumstances where you can make decisions without having a grievance hearing. Examples would be if your employee:
Employers should supply a copy of the meeting records to their employee. In some cases, you may be able to leave out some information (e.g. to protect a witness).
Once you decide what action to take, you must write to all the parties involved. Your letter should set out:
Note: You must inform the employee as soon as possible if there are any delays during the appeal process.
You need to take further steps if your employee appeals. You must set up another hearing to re-examine the original decision. The process functions the same as the first hearing but you should also investigate:
Wherever possible, the second appeal should get heard by a different person than in the original hearing. What is your role after the appeal hearing? You should set out your decision once more in writing and then state that it is the final outcome.
Handling of Grievance Procedures with Employees in the United Kingdom