Grievance procedures are internal guidelines that your employer would like you to follow if you have a complaint or concern in your employment. Even if there are fixed internal grievance procedures businesses should still follow certain rules.
All businesses should have a grievance procedure in place and all employees should b made aware of it, or where to find it. It might be written in the staff hand book, an intranet. It should give an idea of the steps to be followed and how long it is expected to take. Some of the information needed to be included in it should include the contact person and how to contact them to make a grievance.
Before you start the grievance procedure try to have a talk with your employer to see if you can resolve the matters informally. If you have tried this approach and you still have not made any progress you may need to start a formal grievance, in line with the company’s formal policy. You don’t have to do this but if you don’t and you have to take the matter further it may have an effect on the level of compensation you are entitled to.
There is a sample procedure in an Acas Code of Practice. A revised Code came into force on 11 March 2015, the revisions were made following a judgement by the Employment Appeal Tribunal (EAT) which clarified the rules on making a request to be accompanied at disciplinary or grievance hearings.
click here to view "CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES"
Failure to follow the Code doesn't make a person or organisation liable to proceedings, however, an employment tribunal will take it into account when considering relevant cases.
There is also a non-statutory guide which sets out good practice advice for dealing with grievances in the workplace, and complements the Acas Code of Practice on disciplinary and grievance procedures.
Employers should aim to deal with issues promptly, fairly and consistently. Before embarking on a formal hearing there may be an initial meeting to get details and an investigation to gather and establish the facts of the complaint. The employer should initiate the matter by arranging a meeting or grievance hearing that suits both parties. The employer should allow the employee enough time to get ready for the meeting. It helps if there is someone in the meeting who can take notes. There is no set way to run the meeting however, the issues will be raised then you will usually get chance to comment. The employee has the right by law to take someone into the meeting with them, this could be either, a colleague, a lay trade union official who is properly certified or a trade union official. It is advisable to keep notes of dates and what is said.
After the process has taken place an employer should confirm in writing to their employee the decision they have made and what the reasons for it. If the employee is unhappy with a decision they may have a right of appeal. The employee should put the appeal in writing and explain why they are not happy with the decision.. If possible the meeting should be taken by a different manager to who took the first meeting. The employer may suggest mediation to come to an agreement. This may involve a totally independent person to help the employer and employee reach a solution that suits everyone.
At Falconers we advise employees at an early stage on whether they should take a grievance or ho to try and manage their complaint. We also help employers try and manage an issue before it grows arms and legs and can conduct external investigations or assist in conducting a hearing.
If you cannot come to agreement through the workplace procedure then you might want to raise an employment tribunal claim. Falconers Law solicitors can help you through every point of the way through the grievance procedure. In most cases you have a restricted time limit to make the application, these time scales are usually strict. Employment tribunal hearings are not as formal as other court hearings but they are still legal and you will be required to give evidence under an oath or affirmation.
An employee should not be fired or discriminated against because they have instigated a grievance or an employment tribunal claim.
We understand that this can be a difficult and challenging time so let us help you take you through the steps and get what you deserve. With the experience Falconers Law have we are confident that we can get the outcome and compensation needed to draw your complaint to an acceptable end.
