ACAS guidelines state it is important to try to resolve any workplace complaint without undue delay. The complaint could be formal or informal – in writing or verbally.
The matter could be addressed swiftly through a 121 meeting – the employer could save a lot of time by avoiding a full grievance process.
The size of the issue that is bothering the employee is irrelevant and management should consider the complaint. Ultimately you do not want it to escalate and you want to maintain good relations with your staff.
Grievance procedure
If the manager is trying to deal with the complaint informally, have a 121 meeting. It is important to take notes during the meeting and to ask the employee how it can be resolved. Listening is key. If the employee is not satisfied with the response then we refer to the company’s formal ‘Grievance Policy’. To progress down this route, the employee should put their concerns in writing without delay.
When investigating the complaint, it is important to pick the right person (i.e. an impartial manager) to control the grievance process. You need a person who is sensitive, has excellent judgement and has had some HR training so can confidently follow the process.
A grievance meeting/hearing should be arranged with the right of accompaniment. At the meeting, the manager should remain impartial. The grievance must be clarified with the employee. Get as much information about the grievance as possible. At the end of the meeting it will be up to the manager to investigate the complaint within a reasonable time frame.
Time is critical and delaying the grievance process may have negative consequences; for example memories fade or information goes missing. If the investigating manager sits on the case too long or is not genuinely looking at options to resolve the grievance in good faith, then it could give rise to a potential constructive dismissal claim.
Breach of contract
In the case of Goold WA (Pearmak) Ltd v McConnell though there was no grievance procedure in place; 2 employees raised a grievance with their managing director only to be told nothing could be done about it. They subsequently (unsuccessfully) tried to arrange a grievance meeting with the chairman of the business with no luck. After making a constructive dismissal claim, the tribunal concluded the implied term of trust had been broken which amounted to a repudiatory breach of contract. Thus, it is important to be meaningful when investigating any grievance.
The investigating manager will be building a report based on the complaint and the findings. As part of the process, witness statements will be taken, asking fundamental key questions for example, ‘do you believe he was rude to Kelly?’ It is ok to ask blunt key questions in order to get a whole rounded report.
The investigation report will have a summary of the complaint, findings and finally recommendations (i.e. can we mediate with both employees).
A grievance outcome (whether a letter or the report) should be provided to the employee normally in a couple of weeks after the grievance hearing/meeting. Employees who are dissatisfied with the outcome do have the right of appeal and can do so within 5 working days. Another impartial manager will then look into the matter.
For further information and advice on managing formal and informal grievances please contact the advice line on 0333 240 7208 or contact us here.
