All employees in the UK are entitled to a work environment that is safe, fair, and free from harassment and discrimination. These rights are enshrined in law in England & Wales and are enforceable by employees through the Employment Tribunal.
If a workplace grievance arises where an employee feels their rights are being infringed, employers should have fair and robust internal workplace systems in place to deal with the situation before matters escalate. An employer’s Staff Handbook should set out the employee’s right to bring a workplace grievance and the specific grievance procedure that is to be followed.
What is a workplace grievance?
A workplace grievance is a complaint raised by an employee about unfair treatment, inappropriate behaviour, or concerns about working conditions they feel they have been subjected to. Bringing a grievance is an internal process and an essential step for both the employer and the employee in resolving and de-escalating any disputes.
A grievance can be raised either informally or formally. An informal grievance may simply amount to an employee raising concerns with HR or management in a conversation. A formal grievance is usually a written complaint by the employee which is lodged in accordance with the grievance procedure detailed in the Staff Handbook. Lodging a formal grievance triggers the employer’s duty to conduct a grievance investigation and hearing in accordance with the company’s grievance procedure.
Grievances can include complaints about working conditions, company policies, the behaviour of managers and colleagues. Common examples of grievances include:
- Bullying and harassment
- Discrimination
- Work relations with colleagues
- Health and safety concerns
- Terms and conditions of employment
- Working practices
The steps in a grievance
- Grievance submitted by employee
- Acknowledgement of grievance by employer
- Initial meeting between employee and employer to discuss the issues raised and next steps
- Investigation into the grievance conducted by the employer
- Grievance Hearing
- Written outcome
- Grievance Appeal
Employees- Raising a Grievance
Where an employee has tried and failed to resolve matters informally, raising a formal grievance is the next step. A formal grievance should usually be raised without unreasonable delay. It should be in writing and, where possible, conform to the requirements of the grievance procedure as set out in the Staff Handbook. It should outline the nature of the grievance in detail and provide as much factual detail as possible so that the matter can be investigated. Any relevant evidence should also be included.
Employers – Responding to a Grievance
Ensuring that managers can effectively address grievances requires regular training. Grievances must be dealt with sensitively and in accordance with the law and relevant guidance. Managers must be aware of their responsibilities under the Company’s Grievance Procedure as well as the guidance contained within the ACAS Code of Practice on Disciplinary and Grievance Procedures. The Code sets out the fundamental standards that employers should follow when dealing with grievances. It’s important to follow the guidance not only for best practice, but also because if there are claims arising from the grievance in the future, then the Employment Tribunal can increase compensation in a successful case by up to 25% if it finds the employer did not follow the Code.
At each stage of the process, there are various duties, practices and procedures that the employer must comply with in order to mitigate risk and ensure that the grievance is dealt with fairly. A failure to conduct a grievance fairly and reasonably exposes the company to legal risks in the form of Employment Tribunal claims as well as damaging employee relations.
How Charles Coleman can help
Workplace grievances are highly sensitive. For employers, they can carry significant legal and financial risks if proper procedures are not adhered to. They are labour-intensive, costing significant management time, disrupting productivity as well as damaging workplace relationships. For employees, lodging a grievance can be a very anxious time with concerns about job security and how their grievance will be addressed.
At Charles Coleman, we understand the emotional and practical challenges that arise from lodging and handling grievances. We can advise both employers and employees on how to manage grievances effectively to ensure matters do not escalate into further legal disputes.
Services for employees
If you feel that you have been subjected to unfair treatment at work, we are able to support you by:
- Assessing your concerns and advising you on your legal rights;
- Providing strategic advice on whether to lodge an informal or formal grievance;
- Reviewing your company’s grievance policy and advising you of the procedure
- Reviewing and amending draft grievances
- Taking your instructions and drafting a grievance on your behalf
- Providing practical and legal advice throughout the grievance process
- Advising and drafting appeals
Services for employers
We are able to provide you with bespoke support to manage the day-to-day administration of handling a grievance, as well as strategic advice to mitigate risk and protect your business. We are able to provide expert support at each stage of the process- from reviewing and drafting your policies to advising during investigations, hearings and appeals.
- Drafting effective grievance policies that are compliant with the ACAS Code of Practice on Disciplinary and Grievance procedures and UK law.
- Reviewing and amending existing staff handbooks and policies
- Assessing grievances to identify potential legal risks and claims
- Drafting correspondence
- Providing practical advice on how to manage the grievance process
- Advising on how to conduct a fair and impartial investigation
- Reviewing and drafting correspondence
- Advising on appeals
- Advising on entering into without prejudice discussions
- Drafting and negotiating settlement agreements
