If attempts to resolve the grievance informally are unsuccessful, it’s important to have a grievance procedure in place, which can be instigated promptly if an employee chooses to escalate to a formal procedure.
A grievance procedure enables managers to deal with grievances thoroughly and fairly through each stage of the process: informal, formal and appeal.
Failure to respond efficiently is likely to result in one or more of the following:
Managers should approach the grievance with an open mind and in a non-discriminatory way.
Where a matter is covered by an alternative policy or procedure, it’s not appropriate to consider the complaint under the grievance process. As an example, salary issues should be considered under an appeal process found in the pay policy.
If a grievance arises, a manager should:
Once an employee raises a formal grievance, you should acknowledge receipt and confirm the steps you propose to take to address it as soon as possible.
You first need to consider whether it’s necessary to conduct an investigation before arranging a formal grievance meeting. The depth of the inquiry required depends on the nature of the complaint. As you’d expect, an investigation isn’t necessary in all cases; it may be started before convening a formal meeting or as an outcome of the meeting.
You must ensure, wherever possible, that the Investigating Officer and decision-maker are two separate people as per the ACAS Code of Practice on Managing Discipline and Grievance.
Once all relevant evidence is obtained and any witnesses have been interviewed, you can arrange a formal grievance meeting. For the meeting, the employee has the right to be accompanied by a trade union representative or workplace colleague. In some policies, the employee against whom the grievance has been raised may also be entitled to attend the meeting to respond to the complaint.
Although there is no set way to conduct this type of meeting, the nature of the grievance and the degree of investigation required will determine the appropriate structure.
The purpose of the formal meeting is to allow the employee to explain the details of their grievance and attempt to find an appropriate resolution for all parties. The employee should be asked about their view on the outcome they want to achieve, and any expectations as to how achievable this is should be appropriately managed. Regardless of whether the grievance is upheld, ensuring that the employee feels heard is important.
At the end of a formal grievance meeting, the decision-maker(s) should review all the available evidence and seek an outcome with the available information. Any unresolved matters should be documented or, if appropriate, the decision should be adjourned pending further investigation.
The outcome should provide details of:
The letter confirming the outcome of the formal grievance meeting must set out the right of the appeal.
Your grievance procedure should set out who will hear the appeal. Some procedures restrict appeals to alleged procedural irregularities and clearly state that there will not be a rehearing of all the evidence.
Once the grievance procedure, including the appeal stage, has been exhausted, the employee needs to be informed that the grievance procedure has ended and that there is no further right of appeal. The matter will be closed irrespective of whether the employee accepts the outcome.
Further recommendations may result from the outcome of a grievance. For instance, additional formal actions may be identified under a different type of procedure, i.e. a disciplinary procedure. It is vital to ensure these recommendations are fully considered and appropriate actions are taken.