Employers: How to deal with grievances

Handling grievances effectively is essential for maintaining a positive workplace environment and ensuring that employee concerns are addressed in a fair and timely manner.

If grievances are mismanaged, this often leads to tribunal claims, financial consequences, reputational damage, decreased morale and even loss of employees.

Managing grievances can often be a combination of complying with the necessary law and process whilst also considering all available options. In some cases the relationship of trust and confidence has been so damaged that the option of offering the employee terms to leave by mutual consent is the best and possibly most cost effective solution.

At Gannons we have the expertise and experience to help employer clients find the right approach for the best available outcome.

What is a grievance?

A grievance is a formal complaint raised by an employee about a workplace issue that they feel is unfair, discriminatory, or negatively impacts their work environment. Common examples of grievances include concerns about pay, working conditions, bullying or harassment, discrimination, and management decisions.

Underlying Relationship Issues

Grievances often stem from underlying relationship issues between employees and their managers or colleagues. It is important to address these issues promptly and effectively to prevent them from escalating.

Grievances related to bullying, equal pay, or a failure to make reasonable adjustments can pose significant risks for employers.

Risks and Considerations to be aware of from the outset

There are several risks associated with handling grievances, including :-

• Discrimination - it is crucial to avoid discriminatory behaviour or language throughout the grievance process.
• Data subject access requests - employees may request access to personal data held by the employer, which must be provided in accordance with data protection laws.
• Settlement agreements - while settlement agreements can be a useful tool for resolving grievances, they must be carefully drafted to avoid unintended consequences.

Is there a grievance policy?

Employers should have a written grievance policy that is easily accessible to all employees. This policy should outline:

• The process for raising a grievance.
• Who to contact with a grievance.
• The steps the employer will take to investigate and resolve the grievance.
• The likely timeframe for each stage of the process.
• The right to be accompanied (for example, by a colleague or trade union representative) during meetings.

This policy should comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, which sets out the minimum standards employers are expected to follow.

Encourage informal resolution

Before initiating formal grievance procedures, encourage employees to resolve issues informally where possible. This might involve:

• Speaking directly with the person involved to resolve the issue.
• Engaging a manager to mediate and help reach a mutual understanding or resolution.

If the issue is resolved informally, ensure there is a record of the resolution in case the problem resurfaces. If resolution isn’t possible, the formal grievance process should be followed promptly and in accordance with the company’s policy.

Acknowledge the grievance promptly

When a formal grievance is raised, acknowledge it in writing, as soon as possible. This acknowledgement should include :-

• Confirmation of receipt of the grievance.
• An outline of the next steps.
• An estimated timeframe for the investigation.

Speed is of the essence when it comes to handling grievances. Delays can exacerbate the situation, leading to increased dissatisfaction by the employee and potential claims for constructive dismissal or discrimination. By acting quickly, an employer can demonstrate that they have taken the employee’s concerns seriously. It also allows the employer the opportunity to resolve issues before they escalate further.

Conduct a thorough investigation

A fair and thorough investigation is crucial to resolving the grievance. The investigation should include:

• Gathering facts - collect all relevant information, documents, and witness statements.
• Interviews - conduct interviews with the employee who raised the grievance, as well as any witnesses or individuals involved.
• Impartiality - ensure the investigation is conducted impartially, ideally by someone not involved in the grievance.

All findings should be documented carefully, and the investigation should be completed within a reasonable timeframe.

Hold a meeting

After the investigation, invite the employee to a grievance meeting to discuss the findings and allow them to present their case. Key points to consider during the meeting:

• Right to be accompanied - the employee has the right to be accompanied by a colleague or trade union representative.
• Transparency - present the evidence collected and allow the employee to respond.
• Confidentiality - maintain confidentiality throughout the process.

The meeting should be conducted in a supportive environment, focusing on finding a resolution. We often assists employers in preparing for and attending grievance meetings, ensuring that the process is fair, thorough, and in compliance with legal standards.

Make a decision

After the grievance meeting, make a decision based on the findings of the investigation and the discussions during the meeting. The decision should be:

• Documented - clearly state the outcome and the reasons for the decision.
• Communicated in writing - provide the employee with a written summary of the decision, including any actions that will be taken to resolve the issue.

If the grievance is upheld, outline the steps the employer will take to address the issue. If the grievance is not upheld, explain the reasoning and what, if any, further steps the employee can take.

Offer the Right to Appeal

Employees should be given the opportunity to appeal the decision if they are not satisfied with the outcome. The appeal process should:

• Be clearly outlined - include details on how to appeal, who to appeal to, and the timeframe for doing so.
• Be handled by a different individual - ideally, the appeal should be heard by someone who was not involved in the original grievance investigation to ensure impartiality.
• Include a review meeting - hold a meeting to review the appeal and any new evidence or considerations.

The outcome of the appeal should be communicated to the employee in writing, with a clear explanation of the final decision. We have helped client structure their appeal processes to be legally robust, ensuring that all decisions withstand scrutiny.

Monitor and Follow Up

After the grievance process is completed, monitor the situation to ensure that the agreed actions are implemented and that the issue has been effectively resolved. Follow up with the employee to ensure they are satisfied with the resolution and to prevent any future grievances on the same issue.