All employers will have a formal grievance procedure, it allows them to solve workplace disputes internally. Whether you are an employee submitting a grievance or an employer who wants to ensure you handle a grievance properly, Adam Bernard can assist you.
A grievance is an internal procedure that allows employers to solve staff disputes and complaints. If an employee submits a grievance, the employer must investigate. For minor complaints, an employee will usually raise an issue informally before submitting a grievance. However, with complaints relating to serious allegations such as whistleblowing or sexual harassment, it is usual for an employee to submit a grievance straight away due to the serious nature of the matter.
To submit a grievance, an employee will write a letter to their employer setting out the nature of their grievance, what has happened, who was involved, and why they are raising the complaint.
A formal grievance procedure is the parties’ last chance to solve the matter internally. If an employee is unhappy with the result of the grievance procedure, they may wish to file a claim at the Employment Tribunal. An Employer’s conduct in any grievance procedure may be considered by the Tribunal.
When a grievance complaint is made by an employee, the employer must carry out a thorough investigation. Respond to the grievance in a way that is consistent with previous grievances and deal with the investigations and decision-making in a timely manner.
When an employee has submitted a formal grievance, the investigations and any findings are confidential. When an employer handles a grievance investigation, they should keep information on a need-to-know basis to protect the impartiality of the investigation and decision.
Any grievance outcome should have an option to appeal. The deadline to appeal must be reasonable.
If the grievance was handled badly and a fair outcome has not been reached, this can lead to disgruntled employees filing claims at the Employment Tribunal. It is essential to deal with any grievance and investigations in a fair and just manner.
All employees have a right to be accompanied to a grievance meeting. They can be accompanied by another employee or a union representative. If there are multiple similar grievance complaints, the employer can conduct a large investigation. They should still keep information confidential and consider what each employee wants.