2. Grievance Procedure
Introduction
These notes give guidance on the grievance procedure and how to prepare and conduct a grievance meeting. It is only possible to give general guidance and it should be remembered that each situation has to be considered based on its own particular circumstances and facts.
Grievance Received
Grievances should be investigated and dealt with without reasonable delay – ACAS recommends that process is completed within 28 days.
On receiving a formal grievance, a manager should invite the employee to a meeting to discuss their grievance (see template letter). The purpose of this meeting is to ensure that the nature of the grievance is clearly understood as employees may not always confirm all details and/or information in their written grievance. It may also be useful to help determine the scope of any investigation (or further investigation) that may need to be carried out (see below).
An employee has a right to be accompanied at this meeting (by a work colleague or trade union official).
A letter should be sent to the employee formally inviting them to the meeting and confirming their right to be accompanied.
If investigation or further investigation is required following the meeting, then the meeting should be adjourned to allow for this. A further meeting should be held once the investigation has been concluded (see below). In some situations, the meeting may provide all the information needed to allow the Company to make a decision.
Investigation
It is important that any necessary and/or appropriate investigation is carried out. This may take place before the meeting or may need to take place after the meeting (or both). For example, if an employee complains of bullying it may be necessary to hold an initial meeting with the employee to understand what has happened and identify any witnesses first, to allow the investigation to be conducted. If the grievance is about an error in payments, it may be possible to carry out the investigation before the meeting takes place.
The areas for investigation will vary depending on the circumstances. A thorough investigation is essential to ensure that all the facts and relevant information can be considered before a decision is made. Please see notes on investigation for further information.
A proposed format for managing a grievance has been outlined below. This procedure assumes that the relevant investigation has been carried out (and possibly an initial meeting with the individual to clarify and identify areas for investigation).
Please refer to the general notes on investigation for further guidance.
Before the Meeting
You should ensure that you familiarise yourself with the case and the allegations or specific grievances that have been raised. For example, you should:
- Review the written grievance raised by the employee
- (if a previous meeting has been held, review the minutes from that meeting)
- Be aware of the employee’s employment history
- Review any evidence collected through the investigation (written witness statements, documents, investigation report).
- Consider if you feel further evidence should be collected. Arrange for any further investigation you feel is needed.
- Satisfy yourself that you are an appropriate and unbiased person to conduct the meeting.
- Remind yourself of the company’s Grievance procedure and any other related policies or procedures
- Make sure the employee has been invited to the meeting formally and been given their right to be accompanied
- Ensure the employee has been provided with any documents or evidence that may be relevant (e.g. copies of the investigation report or witness statements).
Starting the Meeting
Make sure that you are meeting in a place that is private and you will not be interrupted. Confidentiality needs to be maintained at all times.
You may wish to record the meeting. If not make sure detailed notes are taken.
Explain to the employee:
- You are holding the meeting to hear the grievance and you will not make a decision at the meeting but will adjourn to consider all the issues that have been raised and then make a decision within the next 5 working days.
- If the Company minute taker has been involved in the investigation stage explain that their role at the meeting is in a note taking capacity only, and that they will not be involved in the decision-making process.
- Explain that there will be sufficient time for the employee to discuss all the issues raised. If the employee wants to stop or take a break or to talk privately with their representative the employee can do so.
Seek the following confirmations/ clarifications prior to proceeding:
- Confirm that the employee has copies of any relevant documentation and any additional evidence if appropriate, and that the employee received them in good time.
- If appropriate, check that the employee has had an opportunity to look at the evidence.
- Ask the employee if they had any additional evidence of their own they would like to be considered.
Handling the Grievance
Take the employee through each grievance as set out in their letter (or otherwise identified). Read them out/confirm them to the employee and ensure that you understand them fully.
Take the employee through the evidence gathered at the investigation, wherever possible relating the factual events to the grievances, so that it is clear what facts are related to each grievance.
Approach the issues with an open mind and ensure that the employee is given ample opportunity to raise all aspects of their grievance fully. Allow the employee to put forward issues which they feel are important and relevant. Make sure that you listen properly to what the employee is saying and ask relevant follow up questions.
Allow the employee or their companion to put forward any other factors that they wish to present. In other words, if the employee has further reasons for their grievance you must let them tell you about it.
Ensure that you allow the employee time to tell you everything they want to and that you ask relevant questions to draw out the issues and to ensure you have all the details. If new evidence comes to light, you may need to adjourn the meeting to investigate further, e.g. to ask questions of a witness or to check documents. You should adjourn and then reconvene the meeting at any time if the employee becomes upset or simply if they or you need a break.
Once you are certain the employee has nothing left to add, adjourn the meeting. Explain to the employee that you need to take some time to consider the information.
Call the meeting to an end and tell the employee when it will be reconvened. This could be in as little as half an hour or as much as a few days later. In general, it is better to be able to show that you have taken reasonable time to consider all the issues before coming to a decision.
If further investigation is needed ensure that you agree the scope of the investigation with the employee. Adjourn the meeting to conduct the investigation and send the employee a copy of the investigation report when completed. Invite the employee to a follow up meeting to discuss the reports findings and continue with the grievance.
Ask the employee if there are any other areas, they would like you to investigate or people they would like you to speak to.
Ask the employee what outcome they would hope for from the grievance.
Note: In some cases, it may not be necessary to reconvene the meeting, but you must inform the employee that they will receive your decision, after due thought in writing in the next 5 days. Explain that they have the right of appeal against your decision and indicate to whom they should address any appeal letter.
If further investigation is undertaken ensure this is discussed with the employee before a decision is made.
Making the Decision
You will need to consider several issues. The following guidance will assist: -
The Process
Be clear that you have heard or seen all the relevant evidence pertaining to all the grievances. You must be satisfied that you have conducted a reasonable, thorough and fair investigation into the facts of the case and that no further relevant points remain outstanding.
Ask the employee if there are any other further areas of investigation, they would like you to carry out or employees / third parties they would like you to speak to. This ensures they cannot later raise concerns about the scope of the investigation (e.g. at the appeal stage).
Ensure the steps outlined above have been followed for the grievance meeting. (Refer to the Company Grievance Procedure).
Your Findings – The Conclusion
Be clear in your mind what your findings of fact actually are, having considered the evidence.
Your Decision
You will need to decide whether to uphold the employee’s grievance or not on the basis of all evidence.
You may conclude that disciplinary action is necessary for another employee. If so you will need to follow your Disciplinary Procedure. Other management issues may come to light which may need to be addressed following the outcome of the grievance.
Concluding the Grievance Process
You may wish to reconvene the meeting and explain your findings to the employee. Then explain the outcome which you have decided is appropriate and explain why you find it appropriate in all the circumstances. You will also need to explain to the employee that they have the right to appeal against your decision and indicate to whom they should address any appeal letter. Follow up the meeting with a letter confirming the outcome and the right of appeal.
In other circumstances, you may choose to write to the employee with a full explanation of your decision and detailing their right of appeal. Again, Practical HR can assist with the drafting of this letter.
Other Areas for Consideration:
The employee should be shown all documents, statements etc relating to the investigation / grievance. If further investigation is carried out after the meeting you should make sure the findings are advised to the employee and they are given a chance to comment on these before you make your decision.
You may do this by holding a meeting or you may send them the information and offer a meeting to discuss and/or ask for their comments / feedback.
Ensure you document all investigation that is carried out (please refer to the investigation guidance notes).