GRIEVANCE PROCEDURES

Occasionally, your employees may have concerns about their work, employment terms, working conditions, colleagues or other matters. Ignoring grievances or handling them badly can lead to many problems including:

• disciplinary issues;
• poor performance;
• resignations;
• complaints to employment tribunals.

By law, you must specify in your employees’ written terms and conditions, your procedure for handling grievances (which must comply with the statutory grievance procedure). It should contain:

• Who your employee should raise the issue with.
• How the issue should be raised.
• What to do if not satisfied with the initial outcome.
• Timescales for each stage.
• The right to be represented.

Developing good relationships with your employees, and encouraging them to bring any concerns they have to you at an early stage, will prevent issues from growing and causing more problems. The vast majority of concerns are likely to be resolved in this way.

Statutory grievance procedure

If your employee feels that the matter has not been resolved through informal discussions, they have a right to follow the statutory grievance procedure. Employees wishing to use the grievance as a basis of a complaint to an employment tribunal must first follow step 1 of this procedure. (Employment tribunals can adjust any compensation by between 10 and 50%, if either party does not follow the correct statutory procedure.) The procedure involves 3 steps:

• Step 1: Your employee must inform you of the grievance in writing.
• Step 2: You must meet to discuss the grievance.
• Step 3: You must hold an appeal if necessary.

Your employee has the right to be accompanied by a person of their choice, who could be a work colleague or union representative (where applicable).

After Step 2, and within a reasonable timescale, you must inform your employee what you have decided. If they are not satisfied with the outcome, they have a right to request an appeal meeting with you. If, after this stage, they are still not satisfied and they believe that their employment rights have been infringed, they can make a complaint to an employment tribunal.

Employees who have left your employment can also follow up outstanding grievances with you by following the ‘modified grievance procedure’. Using the modified procedure is subject to:

• You both agreeing in writing to follow this procedure.
• You not being aware of the grievance previously.

or

• The standard procedure was not started, or was started but not completed.

The modified procedure is a 2-step process, which involves the following:

• Step 1: Your ex-employee writes to you stating the grievance.
• Step 2: You write back to them, answering the points they have raised.

However, ex-employees are not legally bound to follow this procedure where there are justifiable reasons, such as if it is not reasonably practicable for them to do so, or they are concerned that notifying you in this way may result in threats or harassment. In such circumstances, they may complain directly to an employment tribunal.

It should be stressed that most employee grievances are handled on an informal basis, without the need to follow more formal procedures. Ensuring that employees notify you of their concerns at an early stage and dealing with any issues promptly and fairly, will maintain good working relationships and prevent matters from deteriorating.