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Employers Grievance Procedures

Learn About Employer’s Grievance Procedures

Employers should have written employers grievance procedures that outline the process to be followed when a grievance situation arises.

What is a grievance?

A grievance is a concern or complaint raised by an employee with their employer. It can be raised at any time and could relate to any number of things, for example, an excessive workload.

How should I deal with a grievance?

A grievance can be addressed informally or formally. An informal grievance might be preferable in a situation when there has been a misunderstanding and it can be resolved easily. However, where this is unsuccessful or inappropriate, a formal grievance will usually be raised. An employer should follow the grievance procedure.

Why is a grievance procedure important?

A grievance procedure will outline what is to be done when a grievance situation arises. The procedure should be in writing, clearly communicated and accessible. It is good practice for the grievance process to be in line with the ACAS (Advisory, Conciliation and Arbitration Service) Code of Practice on Grievance Procedures.

We recommend that a grievance is addressed swiftly. Not only is it good practice to follow a reasonable and timely process, but it also avoids exacerbating the problem and further damaging relationships in the workplace.

What if I do not uphold the grievance?

An employer should write to the employee confirming the outcome decision as soon as it is reasonably practicable to so (unless further investigations are necessary). An employee should be allowed the right to appeal the decision if they are unsatisfied with the outcome. Details of the appeal should be provided and addressed by a different and more senior person.

 

 

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What if I fail to follow the correct procedure?

Failure to adhere to a correct procedure may result in a claim of constructive unfair dismissal (in addition to any other relevant claim) and a percentage increase in the award where a claim is successful at an employment tribunal.

It is vitally important that an employer ensures that it adheres to a fair and reasonable procedure otherwise it may be at risk of a claim in respect of employment rights.

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