How to handle a grievance

It’s safe to say that the pandemic has caused tensions to run very high at times, especially when we have to adapt to sudden changes like working from home and the boundaries of what was acceptable or not were blurred.

While many of us flourished in this environment, others struggled, and we hit a wall of frustration, stress and isolation.

As a result, more work issues have been reported. Since the beginning of the pandemic, 48% of employees reported a work issue to their HR representative. A huge 44% of employees also received disciplinary action as a result of their working from home behaviour.

The most common complaints we are seeing our clients manage are around workplace banter that has moved into video calls and email, employee benefits, safety at work, denial of time off, flexible working and issues with equipment when working from home.

Employee grievances can be resolved quickly and easily by having in place a clear grievance procedure. A grievance mishandled can eventually lead to a costly employment tribunal.

To make sure you’re protecting both your employees and your business, make sure everyone knows your policy on complaints and disputes and follow them to the letter should an issue arise.

Making a complaint

Employees and workers should have a contract of employment which tells them who they should raise concerns with. It should also refer them to the Company grievance procedure.

The first step is to raise any concerns informally with the person whom the complaint is about.  If an individual doesn’t feel comfortable to do that then they should raise it informally with their line manager, explaining the problem and what they would like to see as a resolution.

Once an issue has been raised, even informally, it’s really important to deal with the matter seriously.  It can certainly help if things progress to an employment tribunal and will demonstrate your attempts to deal with the complaint. It also demonstrates to your employees that their complaint is being taken seriously, they feel safe to raise concerns about unwanted behaviours which contributes to the overall culture of a business and creates good working relationships.

When you have a meeting with an employee to discuss their grievance or investigate the grievance, always remember to give the individual the opportunity to bring someone along with them.  Usually that is restricted to a workplace colleague or a trade union representative.  However, if the employee is unwell or away from work, you may have to make reasonable adjustments and consider allowing a family member or friend to accompany the individual, especially if they are a carer or interpreter.

At this meeting, ask them to clearly explain their issue to you and have them suggest how they’d like the problem to be resolved.  The meeting should allow the individual to tell you in detail their concerns, provide examples and witness names if possible.  You need to obtain as much information as possible so that you can make a decision on the complaint.  Listening is very important.

Our HR consultancy always suggest you have a note taker at the meeting. This means someone can take an accurate record of the discussion and the investigation manager can focus on listening and asking relevant questions. Always provide a copy of the notes to the individual as well.

Before closing the meeting, agree on next steps and when the individual can expect to hear back from you.

Is it time for a grievance?

If the informal stage doesn’t resolve the issue, remind the employee they can raise a formal grievance and who they should send that to.  The grievance policy should contain this information.

It’s worth noting that, if the issue at hand is of a more serious nature (sexual assault for example), it may be appropriate to skip the informal steps and move straight to a grievance procedure.

The employer must carry out a formal investigation to obtain any relevant information. It’s best to appoint someone neutral to manage the investigation and that they are going to be able to manage the process with integrity and confidence.  

When interviewing witnesses everyone should be reminded about keeping the matter confidential and not discuss the grievance with anyone else.  They should also be informed that their statement could be shared with the person who has raised a grievance and used as evidence in any disciplinary proceedings that may fall out of a grievance.

Any decision you do make following a hearing must be communicated to your employee, in writing, as soon as possible. They should also be informed of their right to appeal your decision.

Grievance Appeals

If your employee isn’t satisfied with the outcome of their grievance, they have the right to appeal. If they do, you must hear their appeal without unreasonable delay. Your grievance policy should specify the time period within which they can appeal.

The appeal should be heard by someone who has not been involved in the grievance procedure.  Ideally, they should be the same level of seniority or higher than the person who heard the formal grievance.  You can choose to instruct an external HR consultant to hear the appeal if your business has a flat management structure.

The employee should state why they disagree with the outcome and what steps they would like to resolve the grievance.  The appeal hearing manager may need to make further investigations before they can give their outcome.  The appeal process is the final step in the grievance procedure and any decision at this point is final.

Sometimes, if a grievance cannot be resolved, it may be appropriate to consider mediation by a professional mediator.

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Get in touch with our HR consultants

If you’re dealing with more employee issues or complaints lately, we’d love to help you resolve them before they reach a grievance. Simply give Lunar HR a call on 0121 745 5700 or drop us an email at pardip.singhota@lunarhr.co.uk to arrange a conversation. Delivering effective HR advice and support to businesses across the West Midlands.