Handling grievances

Table of contents

Handling grievances
Introduction Grievance procedures and the employment contract Setting out your grievance procedure The statutory grievance procedures Preparing for a grievance hearing Holding a grievance hearing Appeals against grievance decisions Helplines Related guides on businesslink.gov.uk Related web sites you might find useful

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Handling grievances

Subjects covered in this guide

Introduction
Introduction Grievance procedures and the employment contract Setting out your grievance procedure The statutory grievance procedures Preparing for a grievance hearing Holding a grievance hearing Appeals against grievance decisions Helplines Related guides on businesslink.gov.uk Related web sites you might find useful Even in well-run businesses, it may sometimes be necessary to deal with employees' grievances. Therefore it's crucial that you have written grievance procedures. If problems do arise, these procedures should help you and your employee resolve them within the workplace. They should also ensure that you deal with employees' grievances fairly. Your rules and procedures should be set out in writing and follow the good-practice principles set out in the Acas code of practice on disciplinary and grievance procedures. Failure to meet either of these requirements may result in extra compensation for the employee if they succeed in a tribunal claim. This guide outlines what you need to put in your procedures and how to handle grievances issues in practice.

You can find this guide by navigating to: Home > Employing people > Disciplinary problems, disputes and grievances > Handling grievances

Grievance procedures and the employment contract

By law, you must inform each employee of: the name of the person to whom they should apply to seek redress for a grievance how they should make this application This information can be included in the employee's written statement or the written statement may refer the employee to a document where they may read it, eg in a
Handling grievances | Created by Business Link on 16 September 2009 14:43 Crown copyright 2007 Page 2

Handling grievances

staff handbook. If you fail to provide this information to an employee, they could be awarded two or four weeks' pay - but only if they succeed in another employment tribunal claim against you, eg unlawful discrimination. The contractual status of grievance procedures Your grievance procedure does not automatically form part of an employment contract. Therefore, an employee cannot claim breach of contract if you fail to follow it. However, if you choose to make your procedure contractual and you fail to follow it when dealing with a grievance, the employee could bring a breach-of-contract claim against you. See our guide on the employment contract or use our interactive tool to create a written statement of employment - Opens in a new window.

skilled staff through resignation. It will also help you successfully defend any claim for: constructive dismissal - see our guide on dismissal unlawful discrimination - see our guide on how to prevent discrimination and value diversity The duty to provide a grievance procedure You must provide each of your employees with a written grievance procedure. Your procedure should follow the good-practice principles set out in the Acas code of practice on disciplinary and grievance procedures. If you unreasonably fail to follow the code and the issue ends up at an employment tribunal, the tribunal could increase the employee's compensation by up to 25 per cent. Read dispute resolution guidance on the Acas website - Opens in a new window. The content of a grievance procedure The exact nature of your procedure will depend on the size and structure of your organisation. However, any procedure should be easy to follow and aim to settle grievances fairly and quickly. It should also indicate that you will try to resolve most complaints and grievances informally, eg by discussions with the employee's immediate manager. The procedure should also: State how and with whom to raise the grievance in the first place.
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Setting out your grievance procedure

If an employee has concerns or complaints about their work, employment terms, working conditions or relationships with colleagues, they may want to discuss them or bring them to your attention. They will then want you to address and, if possible, resolve these grievances. The best way to do this is to have a grievance procedure. If it deals with grievances in a fair and reasonable manner, you're much less likely to lose valued and

Handling grievances | Created by Business Link on 16 September 2009 14:43 Crown copyright 2007

Handling grievances
Identify an alternative person with whom a grievance should be raised if the usual person is the subject of the grievance. For example, if the line manager is the person with whom grievances should be first raised but they are the subject of the grievance, the procedure should name someone else, eg the line manager's manager. Set out to whom the employee should appeal if they are not satisfied with the outcome of the initial grievance hearing see the page in this guide on appeals against grievance decisions. State that, if possible, a manager previously uninvolved in the matter will hear the appeal. Give time limits for each stage, particularly for lodging and hearing the appeal. Mention that the employee has the right to be accompanied by a colleague or union representative at any meeting. Outline what happens if a grievance is raised during a disciplinary procedure - see our guide on handling disciplinary issues. Consulting employees on your grievance procedure You may want to consult employees when putting together your grievance procedure. If you have any workplace representatives, it may be preferable for you to carry out this consultation via them, ie either trade union or, if there are none, elected employee representatives.

You must follow one of the statutory grievance procedures (SGPs) if the issue about which the grievance is raised (the 'trigger event') occurred before 6 April 2009. There are standard and modified SGPs. In almost all cases, you should follow the standard one. Before an employee's claim can be accepted by a tribunal, they must have first raised a formal grievance with you in writing and waited 28 days. Transitional arrangements for applying the SGPs You do not have to follow the appropriate SGP where the trigger event occurred on or after 6 April 2009. However, you still have to follow the appropriate SGP where the trigger event occurred before 6 April 2009. This is the case even if - after that date - you invited or will invite the employee to the grievance hearing, held or will hold the hearing, or held or will hold an appeal hearing (if requested). In these circumstances, you cannot agree with an employee not to follow the SGPs. Cut-off dates for tribunal claims falling under the pre-6 April 2009 regime Where the action about which the employee complains began before 6 April 2009 but continues beyond that date, a cut-off date applies. The cut-off date will be 4 July 2009 for submitting a written grievance or tribunal claim where an employer takes action which forms the basis of a grievance with a
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The statutory grievance procedures

Handling grievances | Created by Business Link on 16 September 2009 14:43 Crown copyright 2007

Handling grievances
raise it until after they left The modified SGP has two steps: 1. Employee's written statement - the employee must set out their grievance and the basis for it in a written statement and send a copy to the person given in your grievance procedure. 2. Your written response - you must write back to the employee giving your response to the points they have raised. It is important that you follow the 'old' Acas code of practice on disciplinary and grievance procedures throughout the entire grievance process, as the code is taken into account by tribunals when dealing with claims. Download the old code of practice on disciplinary and grievance procedures from the Acas website (PDF, 327K) Opens in a new window. When the SGPs do not apply The law sets out some circumstances where you don't have to follow the appropriate SGP. These are where: The grievance is that you have dismissed or taken disciplinary action against an employee (unless this action involves unlawful discrimination). The grievance is that you are thinking of dismissing or taking disciplinary action against an employee (unless this action involves unlawful discrimination). The issue concerned is a collective one, ie where the grievance is raised
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three-month time limit - eg a sex, race, age etc discrimination claim. Alternatively, it will be 4 October 2009 for submitting a written grievance or tribunal claim where the employer takes action which forms the basis of a grievance with a six-month time limit - eg an equal pay claim. The standard SGP The standard SGP has three stages: 1. The employee must set out their grievance in writing - the statement should be sent to the person named in your grievance procedure. 2. Hold a meeting with the employee after the meeting, inform them of your decision and notify them of their right to appeal. 3. If the employee wishes to appeal, invite them to a further meeting. See the page in this guide on appeals against grievance decisions. The employee has the right to be accompanied at both meetings by a colleague or union representative. The modified SGP The modified SGP only applies if: the employee no longer works for you you have agreed with the ex-employee in writing that the modified - as opposed to the standard - procedure applies the ex-employee raised the grievance before they left, but the standard procedure wasn't completed, or the ex-employee didn't

Handling grievances | Created by Business Link on 16 September 2009 14:43 Crown copyright 2007

Handling grievances
by trade union or employee representatives. Owing to factors beyond your control, it is effectively impossible for you to complete or even start the procedure, eg if the employee leaves the country or becomes seriously ill. The employee's behaviour is so violent or unreasonable that you cannot be expected to go through the procedure with them. This exemption is to cover cases where you have real reason to fear violence, harassment or vandalism, not just where the employee is being difficult or unpleasant. Also note that an employee should not raise a formal grievance when making protected disclosures, ie when they are 'blowing the whistle' on illegal activities such as fraud. Therefore, you should consider having a 'whistleblowing' procedure separate from your grievance procedure. See our page on whistleblowing and dismissal in our guide on dismissal. attend the hearing to act as a witness to the proper conduct of the hearing. Arrange a suitable time, date and venue for the hearing. Inform the employee in plenty of time so they can prepare their case and consult any representatives. Remind them that they have the right to be accompanied at the hearing by a colleague or trade union official. Inform any manager and witnesses who may need to attend. Obtain witness statements from any witnesses who will be unable to attend the hearing and share them with the employee.

Holding a grievance hearing

For any grievance hearing, you should: ensure that it's private and won't be interrupted introduce everyone and explain why they are present explain the reason for the hearing and how it will be conducted listen carefully to the person's explanation of the problem - consider whether there is another issue which might be the root cause of the grievance listen to any conflicting points of view weigh up all the evidence to see whether there is an issue you need to address It's crucial that you deal with grievances sensitively and in the strictest confidence, particularly where they concern other employees. Develop specific procedures for very sensitive matters involving unfair treatment, eg discrimination, bullying or harassment. See our guide on bullying and harassment.
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Preparing for a grievance hearing

Before you hold a grievance hearing: Familiarise yourself with your grievance procedure so that you apply it correctly. Carry out a full investigation if necessary, eg where the employee is accusing a colleague of sexual harassment. Make sure you have all relevant facts and documents available for the hearing. Arrange for someone to take notes. Arrange for another manager to

Handling grievances | Created by Business Link on 16 September 2009 14:43 Crown copyright 2007

Handling grievances

Making the decision Once the hearing is over: decide what action to take - try to balance fairness to the person without compromising the business or other employees inform all concerned parties - in writing - of your decision and the appeal process - see the page in this guide on appeals against grievance decisions review your procedure if the grievance process has highlighted problems with it Dealing with delays If the employee is genuinely unable to attend the grievance hearing, eg because they are ill, offer them an alternative at a reasonable date and time. If the employee's companion cannot make the re-arranged hearing, the employee must propose another date and time no more than five days after your proposed date. If the employee fails to attend the rearranged hearing, this stage of the procedure is complete and you can make your decision there and then. Don't forget that you will still have to tell them in writing of the decision and that they have the right to appeal. Note that if you cannot make the hearing, you must offer the employee a reasonable alternative date and time. Dealing with long-term absence A worker may well become anxious and stressed in the run-up to a grievance

hearing, particularly if they have to face the person who is the cause of their grievance. This can lead in some cases to them being absent for weeks or even months due to stress-related illness. If this situation arises, you can ask the employee's GP and/or an occupational health specialist for a medical report. You must gain the worker's agreement before doing so. You should ask for the report to state whether or not the worker is fit enough to attend a hearing in the near future: If they are deemed fit enough, you should arrange the hearing with the employee in the normal way. If not, you might not be able to complete the grievance procedure without unreasonable delay. In this situation, you can treat the procedure as having been completed and make a decision in the employee's absence. However, you should still tell the worker that they can supply written material if they wish.

Appeals against grievance decisions

An employee has the right to appeal against your decision following the grievance hearing. You must notify them of this right when you write to give them your decision. Give them a deadline to notify you of their intention to appeal, eg within ten working days. If the employee chooses to appeal, you must try to hold the appeal hearing without unnecessary delay.
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Handling grievances | Created by Business Link on 16 September 2009 14:43 Crown copyright 2007

Handling grievances

Preparing for an appeal hearing Before you hold an appeal hearing: Familiarise yourself with your grievance procedure to ensure that you are applying it correctly. Make sure you have all relevant facts and documents, especially if you have come across new evidence since the first hearing. Arrange for someone to take notes. Arrange for another manager to attend the hearing to act as a witness to the proper conduct of the hearing. Arrange a suitable time, date and venue for the hearing. Inform the employee in plenty of time so they can prepare their case and consult any representatives. Remind them that they have the right to be accompanied at the hearing by a colleague or trade union official. Inform any manager and witnesses who may need to attend. Obtain witness statements from any witnesses who will be unable to attend the hearing and share them with the employee. Holding an appeal hearing The principles for holding an appeal hearing are generally the same as for the initial grievance hearing see the page in this guide on holding a grievance hearing. However, at the appeal hearing, you should also consider: the reasoning behind the appeal any new evidence since the earlier decision Ideally the person hearing the appeal

shouldn't be the same person that heard the initial hearing, eg a more senior manager who has not been involved with the grievance process at all. They will be able to hear any appeal without having any assumptions. However, where the person hearing the appeal is the same person who heard the first hearing, they should act impartially and make sure they review the original decision carefully. You should write to the worker with your decision and the reason for it as soon as possible after the hearing. Make it clear, if this is the case, that the decision is final. Dealing with delays If the employee is genuinely unable to attend the appeal hearing, eg because they are ill, offer them an alternative at a reasonable date and time. If the employee's companion cannot make the re-arranged hearing, the employee must propose another date and time no more than five days after your proposed date. If the employee fails to attend the rearranged hearing, this stage of the procedure is complete and you can make your decision there and then. Don't forget that you will still have to tell them in writing of the decision. Note that if you cannot make the hearing, you must offer the employee an alternative at a reasonable date and time. It is important that you notify the employee as soon as possible of any delays to the appeal process. If you fail to do so, a
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Handling grievances | Created by Business Link on 16 September 2009 14:43 Crown copyright 2007

Handling grievances

tribunal could increase any compensation awarded against you.

Use our interactive tool to create a written statement of employment - Opens in a new window SGP transitional arrangements on the Department for Business, Innovation & Skills website - Opens in a new window Download the old code of practice on disciplinary and grievance procedures from the Acas website (PDF, 327K) Opens in a new window

Helplines
Acas Helpline 08457 47 47 47

Related guides on businesslink.gov.uk

The employment contract | Handling employment tribunal claims | Keep the right staff records | Work effectively with trade unions | Working with employee representatives | Inform and consult your employees | Handling disciplinaries | Prevent discrimination and value diversity | Manage absence and sickness | How to deal with stress |

Related web sites you might find useful

Download workplace dispute handling guidance from the Department for Business, Innovation & Skills website (PDF, 466K) - Opens in a new window Dispute resolution guidance on the Acas website - Opens in a new window Disciplinary and grievance handling online training courses on the Acas website - Opens in a new window Guidance on producing disciplinary and grievance procedures on the Acas website - Opens in a new window

Handling grievances | Created by Business Link on 16 September 2009 14:43 Crown copyright 2007

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