Grievance hearings, advice & outcomes

We provide legal and tactical advice for senior executives using the grievance hearings procedure to resolve disputes. Often the successful conclusion is a settlement agreement. A grievance is sensitive and the employee does not want to ask HR for help. To plug the gap we set out an overview for employees.

Uses of grievance hearings

A grievance hearing can relate to any concern, problem or complaint that an employee or director wants to raise. Grievances are often raised in situations where there is :-

• Bonus dispute – the employee receives a disappointing or no bonus and considers this unfair;
• Unfair dismissal – the employee is being dismissed and considers his job should be preserved;
• Constructive dismissal – the employee considers the employer is treating him so badly that the conduct is equivalent to a dismissal as the employee is being forced out;
• Unequal pay – The employee believes that because of sex, race, disability or nationality he is receiving lower pay and or bonus payments than his colleagues in similar roles,
• Detriment or lack of career progression – A very common cause of complaint commonly aired as a grievance.

The grievance process

There are usually five stages to the grievance process as follows:

• A grievance is prepared and submitted by the employee;
• The employer investigates the grievance;
• The employer meets with the employee;
• The outcome is published; and
• The employee is given the right of appeal.

Grievance submission stage

For senior level employees, thought and tactics are involved at the stage of drafting the grievance.  The grievance has to refer to the personnel involved in the dispute. In practice who is referenced in the grievance is delicate. The choice of who to name in practice creates a pressure point. This is because the individuals cited in the grievance could find themselves giving evidence under oath.

Most staff do not want to become embroiled. Those with influence may put pressure on managers to settle the dispute.

The grievance must set out the employee’s proposals for how the employer can resolve the dispute. Even if the employee thinks the employer will take no notice he or she must still set down the steps for resolution.

Grievance investigation stage

Often employers fail to investigate properly. However, an employee should not interfere too much. This is because failure to follow a fair process includes investigation. Lack of investigation can be subsequently used by an employee as evidence of unfairness.

Grievance meeting stage

A meeting should be held between the employer and the employee. The purpose of the grievance meeting is to:

• Allow the employee to explain his or her grievance;
• Allow the employee to explain how they think the employment dispute should be resolved; and
• If the matter needs further investigation, the employer should consider adjourning the meeting until the investigation is complete.

Grievance outcome stage

Once the grievance meeting is concluded, the employer should communicate its decision in writing. The decision should be given without unreasonable delay. The employee should keep the pressure up.

Right of appeal a grievance decision

In our experience, most grievances are appealed. As mentioned, the employer has to work through a fair procedure. Part of this procedure is allowing an appeal. The appeal is another tactical document. We help employees execute the tactics.

The appeal should be dealt with impartially at a hearing, which should, if possible, be conducted by a manager who has not been previously involved. You should be informed in advance of the time and place of the appeal hearing and may bring a companion.

The employer should communicate the final decision in writing without unreasonable delay.

Grievances during a disciplinary procedure

Employees can submit grievances during a disciplinary procedure. The grievance is usually regarding the disciplinary procedure. Or, the grievance relates to the circumstances leading up to the initiation of the disciplinary procedure.

The employer can decide to continue with the disciplinary. Or, the employer can suspend the disciplinary procedure in order to fully investigate the grievance.

Grievance rejected – what next?

There are always risks in submitting a formal grievance and the reality is that in oiur experience, the majority of grievances are at best partially upheld and many are rejected fully.

Many grievances are caused by a deterioration in relationships with colleagues. Starting a grievance can mean trust is irretrievably damaged.

In a good proportion of cases, even where the grievance is upheld, an employee will continue in employment but will look to leave as soon as possible. Sometimes, where the grievance is not upheld, the employee will resign and may claim constructive unfair dismissal. Another common outcome is that both employer and employee recognise that it is best for the employee to leave and the employee receives some compensation via a settlement agreement.

We are experienced in dealing with all the above scenarios and can assist. please do give us a call.

Grievance impact on potential Employment Tribunal claim

The short time limit for bringing claims in the Employment Tribunal pressurises both sides.  The pressure is to complete the grievance procedure.  Both parties usually share the desire to avoid a claim in the Employment Tribunal if the only purpose is to preserve the Employment Tribunal time limits.

Tribunals keep the time limit in mind when considering if the employee has unreasonably delayed submitting their written grievance or appeal.  Similarly, Employment Tribunals do consider whether the employer unreasonably delayed meetings or communicating the outcome of those meetings in writing.  Employment Tribunals look to see if the intention of the employer was to cause the time limits to expire.

The failure to raise a grievance in writing does not prevent an employee from bringing a claim in the Employment Tribunal. However, the employee may recover less compensation if he didn’t raise the grievance in writing before bringing a claim.

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