Grievance Procedures

Grievance procedures exist in order to try and promote satisfactory resolution of disputes in the workplace. They are also set up to ensure that you as an employee are treated fairly and consistently.

Your employer has a duty to give serious consideration to any grievances raised by you and to deal with them speedily and effectively. Grievance procedures generally do not form part of the contract of employment and are not contractually binding upon either you or your employer. However, there should be a company grievance policy in place that is readily accessible to you.

There are guidelines on grievance procedures set down by ACAS as follows:

  • You should raise your grievance in writing. Although failure to do so does not prevent you from bringing a claim in the employment tribunal about the matter, the employment tribunal may reduce your compensation by up to 25% if you did not first raise the grievance in writing.
  • Your employer should carry out a proper investigation by collecting documents, and interviewing relevant people.
  • An initial grievance hearing should be held without unreasonable delay, and you should be informed of your right to be accompanied to the meeting by a colleague or trade union representative. The purpose of the meeting is for your employer to establish the facts and decide whether to uphold the grievance or not. You should be sent copies of all relevant documents and statements before the hearing, and you should be allowed to call your own relevant witnesses. Your employer may also choose to call witnesses.
  • A full written record of the meeting should be taken by your employer, but you should ensure that the person accompanying you takes notes as well. Although the decision can be given by your employer at the end of the hearing, they should confirm it in writing after the hearing. The decision should include details of intended actions as well as notifying you of your right to appeal.
  • When the matter is concluded, your employer should decide on appropriate action. For example, mediation, training, or disciplinary sanctions.

If you decide to appeal the grievance decision, it should be in writing and you should specify the grounds of appeal. If you bring a tribunal claim against your employer without appealing, your award may be reduced. An appeal meeting should be conducted by at least one senior person who has not been involved in the previous grievance, and any new evidence should be carefully considered by your employer. The final decision and the reasons for that decision should be communicated to you in writing without unreasonable delay.

Whilst the ACAS Code for grievances is not legally binding, employment tribunals can increase your compensation by up to 25 per cent if your employer has ‘unreasonably’ failed to follow the Code, or reduce your compensation by up to 25 per cent if you have ‘unreasonably’ failed to follow it.

If you wish to raise a grievance and would assistance, or you simply want more information about your rights, Ashby Cohen can help you. We specialise in employment law cases, and our years of experience as employment lawyers make us uniquely qualified to assist you with any grievance issues you may have. Please contact us for an initial free consultation.

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