How to deal with employee grievances

Employee grievances can cover a wide range of issues. They can include anything from what the person is paid to how they have been spoken to by management or even treatment that they have been subjected to by a fellow employee.

There is no requirement for an employee to put a grievance in writing. Therefore, a verbal complaint is enough to start this process off. It is however a good idea for the basis of the grievance to be recorded in writing. This can include asking the employee to confirm the contents of the grievance raised verbally in writing or writing to them to confirm the basis of the grievance raised and asking them to confirm that your understanding of what has been stated by you is their understanding of the situation.

It is a good idea when a grievance is raised to send the person in question a copy of the company disciplinary and grievance procedures. Obviously it is essential that these are up to date. We would recommend that it is stipulated in the procedures that all grievances must be outlined in writing and agreed by the parties once they are raised by the employee.

An employee is entitled to be accompanied to a grievance meeting. This can be by a trade union employee, trade union official or a work colleague. The recent case of Total v GB Oils stated that whilst Section 10(1) of the Employment Relations Act 1999 refers to the word 'reasonable', there is no requirement for the choice of companion to be reasonable. In essence, this means that an employer needs to be careful before refusing to accept the employee's choice of representative.

The grievance meeting is to establish the basis of the grievance and what should happen as a result of the grievance. It may be that the matter cannot be concluded at one meeting and that a second meeting needs to be held. Always ensure that minutes are kept and that these are agreed if possible.

If the grievance is relatively straightforward such as an employee not getting a pay rise when others did, it is usually the case that the matter can be dealt with at one meeting. The employee can be listened to and then advised in writing that the issue of the pay rise has been considered and their grievance is upheld or it is not. It is important that the person dealing with the grievance is of sufficient seniority to deal with the grievance. There is no point a member of staff who does not have authority to give pay rises dealing with a grievance of this type.

If the matter is more complex, it may be that the matters needs to be adjourned and witnesses spoken to or more evidence gathered. The meeting can be reconvened when all the facts have been ascertained.

It is always important to remember that the person has a right to appeal against the initial finding and that they can be accompanied to this appeal. The appeal should be heard by a more senior employee than the person who conducted the first meeting.

SUMMARY OF KEY POINTS

• Remember to try and agree the nature of the grievance in writing
• The employee always has the right to be accompanied
• Always be aware of any issues of discrimination being raised
• Establish the facts and try to agree minutes of the meeting
• Inform the employee of the outcome and their right to appeal
• Ensure that the person conducting the appeal is more senior than the person who dealt with the matter in the first instance.