Grievances come in many shapes and sizes and range from simple issues to complex multi-grievances. Some are a single concise page that eloquently articulates the individual’s grievances, others are meandering works of ‘war and peace’ that frazzle the brain, meaning you need to try desperately to extract the precise nature and form of the complaints made!
To assist you, we’ve come up with our top 10 tips for managing grievances:
1. Ensure that expectations and standards are set and maintained.
Have a clear and concise grievance policy setting out the step-by-step process to follow, expectations of your business and the process that will be followed if those expectations are not met.
By ensuring a procedure is laid down, it will help to ensure that the same process is followed each time you need to use it and ensure legal compliance when a grievance is submitted.
Don’t make the grievance contractual! If you do, failure to follow any aspect of it will create breaches of contract claims.
2. Consider whether it is appropriate to be dealt with informally.
Whilst your employees may wish to have a groan about an aspect of their work, they may not want it to be dealt with formally.
Additionally, it may be an issue that lends itself to being dealt with informally.
This may be a simpler and more effective method than proceeding through the entire grievance process.
You may wish to put this to them as, ultimately, it is their choice. But seeking consent to resolve issues informally is crucial as is asking the complainant first before taking any action over:
3. Ensure objectivity: appoint an independent investigator and separate Chair.
From the outset, to ensure legal compliance, sit down and take stock of who has been named in the grievance, either directly as the subject of it or as a witness or in some other capacity.
These people should not go on to investigate, hear the grievance or hear the appeal as these roles in the process should be held by people who are totally impartial.
You will need an independent investigating officer and a separate senior person to chair the hearing – should the matter progress.
Sometimes, it may be worth considering whether you need the assistance of an external HR consultant to ensure independence – a lack of independence can undermine the entire process. We do often offer independent officers to lead and undertake investigations to ensure objectivity and the correct legal process
4. Time-sensitive evidence.
From the outset, it may be worth reviewing the grievance and identifying whether there is any time-sensitive evidence. For example, CCTV footage that is deleted after 30 days.
In those circumstances, it would be reasonable to make efforts to get hold of that evidence from the outset.
5. Making sure the grievance raiser is on an equal footing.
Organisations in the UK hire a wonderful variety of people.
As part of that variety, an individual’s ability to communicate effectively or in a specific timeframe may fluctuate.
It is worth assessing whether the individual may have difficulties in engaging with the process and, if so, what assistance you can give them to ensure they can participate fully and fairly.
For example, where English is not their first language or they have a disability.
6. Temporary measures.
Depending on the nature of the grievance, it may be the case that the individual and the person(s) they are complaining about can continue to work together.
Other times, however, it may be deemed to be inappropriate and so temporary measures should be considered until the outcome of the grievance process.
For example, suspension (but not as a knee-jerk reaction) or moving one of the parties to a different site or schedule.
In cases of bullying and harassment or theft or fraud, then genuine concerns for the safety of individuals or evidence can justify suspension - albeit implementing suspension must usually be done in person with a clear letter and outline of the basis and terms of suspension with support for the suspended person too.
7. Approach the grievance investigation with an open mind.
We are confident that the vast majority of those reading this would do so. However, there will be times when a grievance will cross your desk that you have a preconceived notion about.
In those circumstances, we encourage you to take a step back. The individual is entitled to raise a grievance and it must be dealt with fairly.
8. Consider all parties' welfare.
The accused, as well as the complainant, must be considered.
9. Gather evidence objectively and allow both sides to respond.
After appointing an independent officer, identifying the complaints and gaining consent to progress, when gathering evidence prepare objective non-leading questions, don’t investigate guilt, but rather investigate the issues.
Also, ensure you listen to both sides and make sure the accused has input into the process of the investigation too. Ideally, a report should be produced for all to consider in advance of any hearing.
10. Train your managers.
Grievances are complex and can go wrong easily in lots of ways.
One easy and predictable way is that your team dealing with the grievance simply doesn’t know how to deal with it or what is expected.
Make sure that any outcome has a rational, factual basis with properly consented and gathered evidence and always report on how you came to that conclusion, instead of just saying the grievance was not upheld and disclose witness statements to the individual so they can provide their comments on them.
Where you get the process wrong, larger awards and claims will follow, so it’s worth training managers and seeking support from us too.
We can provide training, guidance and hands-on support to help avoid claims and risks - for further assistance with any of the information contained within this article, please do not hesitate to contact the Bridge Employment Law team on 01904 949008, email us at enquires@bridgeehr.co.uk.