How to Respond to Workplace Grievances

From time to time, a staff member may have an issue at work and raise it with you as a formal grievance. If this arises, you must take the grievance seriously and respond according to a full and fair procedure. If you ignore a grievance or deal with it poorly, you could face an employment tribunal for an employment claim. Hence, this article will explain what you should and should not do as an employer responding to a workplace grievance in England. 

Follow the Acas Code of Practice for Disciplinary and Grievance Procedures

When responding to an employee’s grievance, you must ensure that you follow a full and fair procedure in line with the Acas Code of Practice for disciplinary and grievance procedures. Even though you may have your own procedures for responding to grievances, you must ensure it meets the requirements in the Acas one. 

After all, if you face an employment tribunal, it will consider whether you have:

• followed a full and fair procedure; and
• whether this procedure is in-line with the Acas Code of Practice. 

If you fail to do so, the tribunal can award your employee more compensation than they otherwise would have. 

Thoroughly Investigate the Grievance

When you receive a grievance from a staff member, you must reasonably investigate the matter before making any decisions. Investigating the grievance requires you to:

• decide if there is an issue which needs resolving;
• treat staff fairly; and 
• seek evidence from all parties.

By investigating the workplace grievance, you can make an informed and fair decision about your employee’s concerns. Nevertheless, you must ensure that your investigation is reasonable and appropriate. Otherwise, any decision the investigation leads you to may be unfair.

Keep Written Records Throughout Your Response

When you respond to a grievance from one of your employees, you should keep written records throughout the grievance procedure. For example, you should keep a written record of:

• the issue of concern;
• the grievance meeting;
• the evidence obtained;
• the decisions made;
• any actions you take; and 
• any appeal. 

Do Not Ignore a Grievance That a Staff Member Raises

It may seem obvious that you should not ignore a grievance when raised by a staff member. For example, if the grievance is raised in conversation with you rather than in writing, you should nevertheless act upon it. Ultimately, it does not matter if your grievance procedure states that a grievance should be in writing; there is still a legal expectation that you should deal with it. 

It is also essential to deal with the grievance as soon as possible rather than take time to act. It is more likely that the grievance will get resolved if dealt with sooner rather than later. If you ignore the grievance, the situation could become a more significant problem. Also, choosing not to deal with a grievance could result in an employment tribunal claim for constructive dismissal or discrimination. 

Do Not Fail to Allow Your Staff to Be Accompanied in the Grievance Meeting

If you face a workplace grievance, you should hold a formal meeting with them within five days of them raising it. You must not fail to allow your staff their right to be accompanied to this meeting where they are entitled to it. For example, your staff are legally entitled to be accompanied to their grievance meeting where the issue is legal or contractual, and they should let you know in ample time if they will be asserting this right. 

The person who accompanies your member of staff is their companion and can be either a:

• work colleague;
• representative from the trade union; or
• trade union official.

However, you can allow more choice of who the companion can be. Also, if your employee has a disability, you are required by law to let them have another person attend the meeting to help support them, such as their carer. 

Key Takeaways

When a staff member raises a grievance, you must deal with it correctly. You must follow a fair and full procedure which mirrors the Acas Code of Practice for disciplinary and grievance procedures. As part of this, you should ensure, for example, that you carry out an investigation. This will allow you to determine if there is an issue to resolve, how to go about this and what action you might take. When responding to a grievance, do not fail to allow your employee to be accompanied to any grievance meeting where this is their legal right. 

If you need help understanding what you should and should not do when responding to a workplace grievance in England, our experienced employment lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.

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