Grievance Procedure

Once the informal approach to correct minor workplace issues has been exhausted, employers are encouraged to use their formal processes in order to move with the matter forward.

In these situations having a well written and above all compliant grievance and disciplinary policy is important. Following these processes should allow you to address the issue without falling foul of the law.

Grievance Procedure at Work

Employers should ensure that a grievance procedure is in place which follows the basic practical guidance outlined in the revised ACAS Code of Practice on Discipline and Grievance.

Although a failure to follow the Code does not, in itself, make an employer liable to proceedings, Tribunals will take the code into account when considering relevant cases, and are also able to adjust any awards by up to 25 per cent.

This procedure must include the right for the employee to be accompanied in grievance hearings. It must give the employee the right to appeal against the initial decision.

Employers are encouraged, wherever possible, to attempt to resolve all grievances informally to avoid a formal grievance being presented.

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What should employers do if a formal grievance is presented?

In the event of a formal grievance being presented by an employee, employers should arrange a meeting without reasonable delay in order to discuss the complaint.

Employees have the right to be accompanied by a workplace colleague or a Trade Union Official at all formal grievance hearings.

Once the complaint has been fully investigated the employer should take one of the following routes:

If a grievance is upheld, the employer should confirm in writing the result and then take the appropriate corrective action.
If a grievance is partially upheld, the employer should confirm in writing the outcome, giving the employee the right to appeal and then take appropriate action.
If the grievance is refuted, the employer should confirm in writing the outcome, giving the employee the right to appeal.
If the employee appeals against the decision, the employer should arrange for the next level of the grievance procedure to be implemented.