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Call for immediate help from one of our team 01622 47 41 49

Call for immediate help from one of our team 01622 47 41 49

Call for immediate help from one of our team 01622 47 41 49

Grievances
Employment & HR

Legal considerations for employers handling grievances

Nadine
3 October 2023 5 minutes

The word “grievance” probably runs shivers down any employer’s spine. Simply put, a grievance is a formal complaint made by an employee. One could be raised at any time about any number of things like working conditions, disciplinary processes, bullying, pay, other work colleagues, or redundancy. There could even be a grievance about a grievance! But let’s not overcomplicate things.

It’s standard practice for employees to bring concerns to you informally before raising a formal complaint, but if the issues aren’t nipped in the bud, it could escalate to a formal grievance.

So what should you think about when someone raises a grievance?

formal meeting

Best practices when handling employee grievances

Don’t forget, as an employer, you have some legal duties to comply with when someone brings a grievance to your attention.

 

Have a grievance policy

It’s actually a legal obligation to have a grievance policy, but even if it wasn’t, a grievance policy will be your complete guide when faced with an unhappy employee.

It will not only help your employee know which steps to take when they want to raise a complaint, but it will also guide you on what to do and follow a fair process. We’d suggest following your grievance policy to the letter because if you don’t, this could be questioned if the issue gets to the employment tribunal.

Your policy needs to include things like how your employees can raise a grievance, who they need to contact and what a grievance hearing involves. You’ll also need to set out details about the process, the time limits for every stage, and any appeal options.

Your grievance policy should also be included in your employee handbook but wherever it’s saved, make sure it’s easily accessible for everyone to find.

You’ll also need to ensure your grievance policy meets the minimum standards set out in the Acas Code too.

Having a grievance policy isn’t enough, you and your managers also need to be aware of the policy and how it works in practice.

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Investigate thoroughly

As an employer, you have a duty to reasonably investigate the grievance within a reasonable amount of time. This shows that you are taking the complaint seriously and that you care about the well-being of your team. It also promotes a good relationship of trust and confidence between you and your employees.

The level of investigation you do really depends on the grievance. For example, if the complaint is about harassment in the workplace, then you should try as best you can to gather information and evidence to find out exactly what happened. This might involve interviewing members of your team and asking for concrete evidence. Find out how to conduct a thorough investigation here.

Another point to remember is that if a concerning grievance has been raised about another team member such as bullying, misconduct, or harassment, you may have an obligation to report the concerns to a regulatory body if the individual is registered with one i.e. Social Work England or the General Medical Council.

 

Offer a right of appeal

You should always give your employee the chance to appeal your decision if they feel the conclusion is unfair for instance.

If this happens, you’ll have to do your investigations again and see if you can find an alternative appropriate outcome, if there is one.

 

Know your legal obligations

When handling a grievances there are a number of legal requirements employers need to comply with. Grievances can often span a wide range of topics, so you and your team may not always know how to deal with them properly, for example if they relate to harassment or discrimination, which is where seeking external advice from a HR professional or employment lawyer can be key.

 

Need help managing a grievance or investigation?

If you find yourself facing a formal grievance and are feeling out of your depth, or perhaps your managers need training, we give businesses personal support from qualified HR advisors to manage workplace compliance and HR challenges with confidence.

Find out how we can support you and your team, speak to an expert today on 01622 47 41 49 or emailing info@primed.co.uk.

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At Primed, we’re known for our personal approach and the quality of advice we provide. We have all the expertise you need under one roof, with an integrated team of HR advisors and employment lawyers, so there’s no need to go elsewhere when things get tricky.

 

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