The Fundamentals of Dealing with Grievances

It is always wise to deal with any issues that employees have as soon as possible, and do so informally if you can.

If it is not possible to resolve things this way, or if an employee wants to deal with things in a more formal manner, you may need to adhere to an official grievance procedure. All companies should develop something in the event of a grievance, preferably with the help of their employees.

It is important to bear in mind that, from your employee’s point of view, all of the issues they raise will be a matter of importance to them. It is therefore essential that you deal with each issue in a sensitive manner.

Prior to tackling an employee grievance you should read through the main legal issues connected with grievances that we have summarised below. Next, read our Your Responsibilities section to improve your understanding even more.

By law, employers are obliged to provide their employees with details of whom they should speak to if they have a grievance or issue. Employers also need to outline the precise steps an employee needs to take to ensure that their grievance is dealt with in full. All of this information has to be given to each employee in writing.

Many employers include details of grievance procedures in their employee’s contracts. Some produce these details in a separate distinct document, whilst others include these details in their employee handbook and post the process on their notice boards.

Should an employee believe that their grievance has not been adequately dealt with and end up resigning, they may later return to make a constructive dismissal claim. For an employer is to successfully refute that claim, they will have to show that the employee’s grievance has been dealt with properly and fairly.

It is always wise for firms to follow the basic principles of the ACAS Code of Practice when putting together their grievance process and when dealing with issues their employees have raised. This is important because Employment Tribunals consider the Acas Code when ruling on cases. Any award made by an employment tribunal could potentially end up 25% higher if it is proved the Acas Code of Practice is not properly followed.

To find out more about the legal requirements surrounding dealing with grievances read our Rules and Regulations section and the Acas Code of Practice.

If you need more information the Hylton Potts advice team is available on 0207 381 8111. We can also be contacted via email.