Grievance & Disciplinary Hearings – Grievance procedures

The point of a grievance procedure is to try and enable a solution to be found when problems arise in the workplace between employer and employee, without there being an escalation to a more formal type of process, such as an Employment Tribunal. The kinds of issues that may arise could include problems with contractual terms, salary and working conditions, and issues of discrimination. Before the grievance procedure is activated, it is usual for the parties to try and resolve the issue informally. Once it has been activated (usually by a written complaint), a good grievance procedure will provide a structure for attempting to resolve the issues between the parties and will also be important in establishing evidence of the train of events if there is ever a claim to a Tribunal.

The minimum standard for grievance procedures is the ACAS Code of Practice on Disciplinary and Grievance Procedures (www.acas.org.uk). Most employers will use the Code as a basis, but will provide a more comprehensive grievance procedure that incorporates the Code but is more relevant to the specific working environment of their own business.

The Code requires an employee to put the grievance in writing and for the employer to respond by arranging a meeting with the employee. An employer should supply a time and date and inform the employee of their statutory right to be accompanied by a colleague or trade union representative (but not any other person unless the contract specifically states this). If either the accompanying person or the employee cannot make the date and time suggested by the employer this can be postponed for up to five days. An employee with any particular requirements, such as translation services, should be allowed this at the meeting.

During the meeting an employee must be given the chance to set out the nature of the grievance and explain how he or she thinks it could be resolved. The meeting can be suspended if there is a need for more information or investigation, or the employer is unable to conclude how to deal with the grievance.

When the employer has decided on appropriate action this should be communicated to the employee in writing without unreasonable delay and there should be a right of appeal if there is no resolution. The right of appeal is one of the basic components of the ACAS Code of Practice on Disciplinary and Grievance Procedures. An appeal should be dealt with a different manager who has had no previous involvement in the grievance. As with the original procedure there is the same right to be accompanied and to have the appeal decision communicated in writing.

If the grievance is raised during a disciplinary process, that process is suspended whilst the grievance is resolved.

Taking a claim to an Employment Tribunal

Where the ACAS Code of Practice on Disciplinary and Grievance Procedures is not complied with and a claim later progresses to an Employment Tribunal, there can be consequences for the parties. An employees’ compensation can be increased by 25% if an employer has not complied and reduced by 25% if it is the employee that has not complied.

An employee will have three months less one day from the conduct complained of to take a claim to an Employment Tribunal.