As an employer you must have a Grievance Procedure in place and give employees details of this within two months of them joining you. As with the Disciplinary Procedure, failure to do so can lead to extra compensation being payable to an employee in a Tribunal claim.
In addition, having a procedure in place will allow you to react from a position of knowledge, if a grievance is raised. Your procedure also needs to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures (ACAS Code). Employment advice is key.
What should I do?
If a grievance is submitted (it may not state that it is one):
- take action. This does not mean having a final meeting the same day, but it may mean taking interim steps to manage the situation. This might include changing working arrangements where there is a conflict between people.
- ask the employee to raise it in writing. We often suggest you ask the employee what they would consider a fair outcome.
- follow your procedure and the ACAS Code (a failure to do so can increase compensation by up to 25%)
What is the ACAS Code?
In summary, you need to:
- investigate the grievance
- hold a grievance meeting
- inform the employee of the outcome in writing
- allow an employee to appeal
- ensure that the employee was given an opportunity to be accompanied throughout
What if we do not think it will help?
Sometimes one or both parties, decide it might be better to reach a mutual agreement to exit the business. We can advise on how to approach or react to those conversations and put into place a Settlement Agreement to protect the business.
What next? How can we help you?
We can review, update or draft your Grievance Procedure to ensure it is in place and legally drafted, as required.
We can also advise and support you and your business throughout the process. This often includes your employment solicitor drafting the necessary compliance letters. If you need an experienced person to investigate, chair the meeting, support the chair or take notes, let us know. We http://shlaw.co.uk/employees/employees-grievanceswork with our External HR Specialists to provide this support.
To provide some useful information, whilst online, we have employment law checklists available. You can also sign up for regular updates.
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If you are an employee you can find out more about raising a grievance here. We can meet with you to discuss what you can do. We cover Guildford, Woking, Godalming & the surround areas.