Workplace Grievances: Four Top Tips to Use in Your Business

Workplace grievances can be one of those issues that managers dread, not least because they can be time-consuming to deal with appropriately, irrespective of whether an employee has raised a valid point.

Here are four top tips that can reduce the likelihood of a grievance being raised in your business and help you to handle any that do. 

1. Take control where you can
2. Know how to spot a grievance
3. Protect your business by following the ACAS Code of Practice on Disciplinaries and Grievances
4. Get the most out of a grievance meeting

1. Take control where you can

When it comes to reducing the likelihood of a grievance being raised in your business, it is important to be proactive and take control where you can. This means taking steps such as:

• Ensuring all employees are appropriately trained on important matters such as equal opportunities, harassment, sexual harassment and bullying. This can reduce the likelihood of potentially serious issues arising, which could be the subject of a grievance. It can also help to promote a workplace culture where employees are treated and treat each other with dignity and respect, creating a more harmonious working environment.

• Clearly communicating your company’s policies and position when it comes to expected standards of behaviour, particularly if employees use online platforms such as Microsoft Teams as part of their role. It can be all too easy, particularly if employees are working remotely, for the use of such platforms to become informal and for undesirable and problematic behaviour to creep in, such as inappropriate language which could offend or jokes/banter which cross the line into harassment. It is not uncommon for such issues to be raised as a grievance.

• Make sure those with people management responsibilities are appropriately trained to deal with everyday HR matters. Getting it right when it comes to basic things such as holiday rights, family-friendly rights, and matters in relation to pay (e.g. deductions from wages) can significantly cut down on avoidable grievances. For those that are not avoidable, for example, an appropriate and lawful decision has been taken but the employee is unhappy because it has not gone their way, the correct handling of the original matter can make it quicker and easier to address and resolve the grievance in many cases.

2. Know how to spot a grievance

Grievances are concerns, problems or complaints that can be about a wide variety of matters, including terms and conditions of employment and work relations. Some grievances may be minor and can be resolved quickly on an informal basis; other issues may be more serious and require handling via your business’s formal grievance procedure. It is important to be alert so you can pick up on and address grievances appropriately, not least because if a matter is left unresolved, it can escalate and become more serious or difficult to deal with. 

3.  Protect your business by following the ACAS Code of Practice on Disciplinaries and Grievances

If a grievance is raised in your business, it is important to be aware of the ACAS Code of Practice on Disciplinaries and Grievances, as this statutory code sets out how grievances should be handled. 

Whilst a failure to follow the ACAS Code does not in itself make a business liable to tribunal proceedings, employment tribunals will take the ACAS Code into account when considering relevant cases (for example, if an employee complains to an employment tribunal that they have been constructively unfairly dismissed and they had raised a grievance concerning their treatment which was not properly addressed).

If an employee brings a successful employment tribunal claim and it is found that your business has unreasonably failed to follow the ACAS Code, you could be ordered to pay an uplift on the compensatory award to the employee.

Bear in mind that, in outline, if a formal grievance is raised, businesses will usually be required to:

• Hold a grievance meeting with the employee
• Appropriately investigate the matter
• Give a written outcome, and a right of appeal 

4. Get the most out of a grievance meeting

There can be a lot to think about if you are taking a grievance meeting, and it can sometimes seem daunting, particularly if you do not have much experience in doing so. It can be helpful to remember that the grievance meeting is the employee’s opportunity to explain their grievance fully and for you to find out all the relevant information you need to investigate the matter and come to a decision as to whether there is merit in the grievance point(s)(and if merit is found in an employee’s grievance what steps will be taken to resolve the matter). 

Managers do not always get the most out of grievance meetings, and two common mistakes we see are:

• Not asking relevant questions when needed – if you do not fully understand what the employee is saying, you need further information/details, you can and should ask. For example, if an aggrieved employee mentions there were witnesses to the incident they are complaining about, you should ask who they were so the matter can be properly investigated

• Forgetting to ask the employee how they would like the matter to be resolved – not only is this an important part of the grievance process and helps the employee to feel heard, but it can also help with a successful resolution of the issue. However, as you may expect, it will not always be fitting to resolve a matter in the way the employee wants, not least as it may not be appropriate in the circumstances

If an employee in your business raises a grievance, please get in touch for advice and support on the facts of your situation before taking any action. Remember, we are here to help with HR issues in your business, so please do get in touch.