Where a grievance is serious or an employee has attempted to raise a problem informally without success, the employee should raise it formally with management in writing.
Where employees have difficulty expressing themselves because of language or other difficulties they may like to seek help from trade union or other employee representatives or from colleagues.
When stating their grievance, employees should stick to the facts and avoid language that may be considered insulting or abusive.
Where the grievance is against the line manager the employee may approach another manager or raise the issue with their HR department if there is one. It is helpful if the grievance procedure sets out who the individual should approach in these circumstances.
In small firms run by an owner/manager there will be no alternative manager to raise a grievance with. It is in the interests of such employers to make it clear that they will treat all grievances fairly and objectively even if the grievance is about something they have said or done.
In general terms, a grievance meeting deals with any grievance raised by an employee. Workers have a statutory right to be accompanied by a work colleague or trade union representative at a grievance meeting that deals with a complaint about a duty owed by the employer to the worker. So this would apply where the complaint is, for example, that the employer is not honouring the worker's contract, or is in breach of legislation.
In smaller businesses, grievances can sometimes be taken as personal criticism – employers should be careful to hear any grievance in a calm and objective manner, being as fair to the employee as possible in the resolution of the problem. Following a grievance procedure can make this easier.
These can be made easier by following the grievance procedure. An employee may be the cause of grievances among his or her co-employees – perhaps on grounds of personal hygiene, attitude, or capability for the job.
Employers must deal with these cases carefully and should generally start by talking privately to the individual about the concerns of fellow employees. This may resolve the grievance. Alternatively, if those involved are willing, an independent mediator may be able to help. Care needs to be taken that any discussion with someone being complained about does not turn into a meeting at which they would be entitled to be accompanied.
Workers have a statutory right to be accompanied by a companion at a grievance meeting which deals with a complaint about a duty owed by the employer to the worker. So this would apply where the complaint is, for example, that the employer is not honouring the worker's contract, or is in breach of legislation.
The chosen companion may be a fellow worker a trade union representative or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker.
To exercise the right to be accompanied, a worker must first make a reasonable request. What is reasonable will depend on the circumstances of each individual case. However, it would not normally be reasonable for workers to insist on being accompanied by a companion whose presence would prejudice the hearing nor would it be reasonable for a worker to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available on site.
The companion should be allowed to address the hearing to put and sum up the worker's case, respond on behalf of the worker to any views expressed at the meeting and confer with the worker during the hearing. The companion does not, however, have the right to answer questions on the workers behalf, address the hearing if the worker does not wish it or prevent the employer from explaining their case.
For the purposes of this right, a grievance hearing is a meeting at which an employer deals with a complaint about a duty owed by them to a worker, whether the duty arises from statute or common law (for example, contractual commitments).
For instance, an individual's request for a pay rise is unlikely to fall within the definition, unless a right to an increase is specifically provided for in the contract or the request raises an issue about equal pay. Equally, most employers will be under no legal duty to provide their workers with car parking facilities, and a grievance about such facilities would carry no right to be accompanied at a hearing by a companion. However, if a worker were disabled and needed a car to get to and from work, they probably would be entitled to a companion at a grievance hearing, as an issue might arise as to whether the employer was meeting its obligations under the Equality Act 2010.
It is generally good practice, however, to allow workers to be accompanied at a formal grievance meeting even when the statutory right does not apply.
It is generally good practice to adjourn a meeting before a decision is taken about how to deal with an employee's grievance. This allows time for reflection and proper consideration. It also allows for any further checking of any matters raised.
Set out clearly in writing any action that is to be taken and the employee's right of appeal. Where an employee's grievance is not upheld, make sure the reasons are carefully explained.
Bear in mind that actions taken to resolve a grievance may have an impact on other individuals, who may also feel aggrieved.
If the grievance highlights any issues concerning policies, procedures or conduct (even if not sufficiently serious to merit separate disciplinary procedures) they should be addressed as soon as possible.
Ensure any action taken is monitored and reviewed, as appropriate, so that it deals effectively with the issues.