Workplace grievances continue to be a concern for many businesses with managers frequently finding that they have important questions about this area. From ways of reducing the likelihood of grievances being raised to handling complaints, we often find that managers are concerned about ‘getting it right’.
So, what five things can be helpful to know when it comes to workplace grievances?
- Recognising a grievance is a key factor in speedy resolution
- Pro-active steps can help to reduce the likelihood of a grievance arising
- Be aware of the ACAS Code of Practice on Disciplinaries and Grievances
- Know the steps to follow if a formal grievance is raised
- Make sure you have the knowledge you need to confidently and appropriately manage a grievance situation
Recognising a grievance is a key factor in speedy resolution
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.
Being alert to, and knowing how to spot a grievance, is vital if the matter is to be dealt with appropriately, effectively and promptly. It’s important not to delay tackling a grievance as this can lead to a situation escalating making it harder to address, it could also damage employee relations.
Pro-active steps can help to reduce the likelihood of a grievance arising
Whilst grievances can be raised for many different reasons some common topics include bullying, harassment, pay matters and management decisions.
The good news for managers is that taking some pro-active steps can help to reduce the likelihood of some grievances arising. If you haven’t already done so, think about:
- Ensuring you have appropriate workplace policies in place such as anti-bullying and harassment policies, and that these are communicated effectively. If employees understand what sort of conduct is unacceptable in the workplace and the potential consequences for such acts, it can make it less likely that such unwanted behaviour may occur
- Make sure employees are appropriately trained in key areas such as discrimination and harassment. Again, this can reduce the risk that incidents which may give rise to grievances will occur and in the event that something happens, being able to evidence that employees are appropriately trained can help to put your business in a better position. You may be surprised how often grievances and other issues arise where an employee has failed to appreciate the seriousness of their conduct, for example considering harassing behaviour as ‘a bit of banter’ between colleagues.
- When it comes to making decisions that impact employees, be alert to employee rights and employer responsibilities. It’s also important to act fairly, reasonably and appropriately towards those you manage as this can also reduce the likelihood of employee relations issues occurring. Don’t forget to keep appropriate records – these can be key to demonstrating that you have acted correctly if this becomes necessary.
Be aware of the ACAS Code of Practice on Disciplinaries and Grievances
If a grievance is raised in your business it’s 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’s 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.
Know the steps to follow if a formal grievance is raised
If an employee raises a formal grievance this will need to be dealt with via your business’s grievance procedure. In outline, a formal grievance process will usually involve:
- Inviting the employee to attend a grievance meeting (and allowing them to be accompanied by a colleague or trade union representative if they wish)
- Holding the grievance meeting (as part of this the employee should be asked how they would like the matter to be resolved)
- Investigating the issue/s
- Giving a written outcome and a right of appeal
Bear in mind that if merit is found in an employee’s grievance, it will be necessary to identify what steps will be taken to resolve the matter.
Make sure you have the knowledge you need to confidently and appropriately manage a grievance situation
Whether it’s a minor complaint or something more serious and complex, it’s important that you know how to handle the situation you are facing and you feel confident in doing so. If an employee in your business raises a grievance your first step should be to get in touch for specific advice, we can provide business-focused advice and support throughout the grievance process.
If you haven’t dealt with a grievance situation in your business before or you would like a refresher on handling grievances or any other HR matter, we have a wide range of training available.
Training Packages
To maximise results our training packages are:
- Tailored to your business needs and those of attendees with fully customisable content
- Focussed on practical knowledge that can be put into use to benefit your business
- Highly interactive with multiple activities designed to build and test learning
- Specifically created for small group sizes to ensure all attendees are fully able to participate and deliver in a way that works best for your business – whether that’s in person at your premises or delivered live remotely via Microsoft Teams
If you would like more information on our cost-effective HR training packages or you would like to discuss your business’s HR training needs, please contact your Employment Law Specialist who will be happy to help.
Have an HR issue you would like assistance with? Please get in touch.