When is a complaint a grievance?
The Acas code suggests a grievance should be made in writing to someone with appropriate authority, i.e. a manager, without unreasonable delay. It should not be addressed or handled by the person who is the subject of the grievance.
The document does not however need to identify itself as a grievance and therefore care should be taken and consideration given to each complaint received. If in any doubt, it may be safer to assume it is a formal grievance and treat it as such.
Can an employee ignore a grievance procedure?
Yes, but an unreasonable failure by an employee to follow the grievance procedure can result in the employment tribunal reducing any award of compensation by 25%. Employees should be encouraged to raise their concerns, whether informally or on a more formal level, through your grievance procedure.
What should be included in a grievance procedure?
The procedure should set out how an employee can make a grievance and how you will deal with it. It should include the following:
- Consideration of an informal/formal grievance approach;
- Employees should notify the employer in writing of their concerns;
- Employers will carry out any necessary investigation to establish facts;
- Employers should hold a grievance meeting, providing the employee the opportunity to discuss the grievance and their desired solution;
- The employee should be informed of their right to be accompanied at the meeting; and
- The employee should be aware of their right to appeal if they are unsatisfied with the outcome.
How can we draw up the policy?
The Acas Code of Practice on Disciplinary and Grievance Procedures sets out the basic requirements, but it is always advisable to get your policies drawn up by specialist employment law advisors.
Stephensons are happy to assist you in formulating and tailoring a grievance policy to suit you.
Can you settle issues/grievances informally?
Yes; and the Acas code encourages settling grievances informally, to prevent them escalating. However, if an issue cannot be resolved informally, then is should be handled formally, in compliance with your grievance policy.
As an alternative to initiating the formal process, the parties could consider mediation. Please free to discuss this further with us.
Formal grievance procedural steps
Once you decide that you must follow your formal grievance procedure. This should include:
- Carrying out any necessary investigation to establish facts.
- Considering if the grievance has been raised previously and the outcome of that, to ensure consistency.
- Inviting the employee to a grievance meeting, which should be held as soon as reasonably practicable after the grievance has been raised.
- At the meeting, the employee should be provided the opportunity to explain their grievance and their desired solution. An unconnected colleague should attend to keep a clear record of what was discussed.
- The aim of the meeting is to reach a solution; it is not a disciplinary meeting.
- Provide the decision of the hearing as soon as possible, in writing. You must set out what, if any, action you propose taking, and the reasons for that decision. The employee should also be advised of their right to appeal the outcome.
Does an employee have the right to be accompanied?
An employee has the right to be accompanied by a colleague or a trade union representative.
The Acas code suggests that the companion should be afforded the opportunity to participate in the meeting fully, but is not permitted to answer questions on the employee’s behalf.
There may be exceptions to the rule. For instance, it might be worth considering special provisions relating to disabled workers, allowing them to bring a support worker with knowledge of their disability & its impact, so you are making all reasonable adjustments as required.
If another employee is to act as companion, you must permit reasonable time off to enable them to familiarise themselves with the case, attend the hearing and confer with the employee before and after the meeting.
Rights of appeal against the decision?
Yes. An employee wishing to appeal should do so, in writing, setting out their reasons, as soon as possible or within the (reasonable) time limits stipulated.
The appeal must be impartial and should be heard as soon as possible, advising the employee of when and where it will be heard. The appeal should be heard by a more senior manager (or a different manager if that is not possible).
As soon as possible, you must notify the employee of the decision in writing. If this is the end of the grievance procedure, you must say so in the letter.
We pride ourselves on tailoring our service to the client’s individual needs and aim to make the process as painless as possible. Furthermore with a clear indication being provided as to the level of costs you will incur from the outset, you will have piece of mind in knowing exactly what you will receive for your money.
If you have any queries about any grievances or putting in place a grievance procedure contact us.