Grievances can be raised by employees where they have concerns around their working conditions or treatment. For employers, it is important to handle grievances effectively. Failure to do so carries legal risks and can damage the business's reputation. In this newsletter, we examine the process of addressing employment grievances.
Why addressing grievances is crucial
Ignoring grievances can turn relatively minor issues into major disputes. Employers who fail to address complaints risk employment tribunal claims. Employees who feel unheard may resign and claim they were forced to leave due to unresolved grievances (constructive dismissal). Not only can these claims be expensive for the business, but they can also damage morale and the company’s reputation.
Addressing grievances promptly and professionally demonstrates that your workforce is important to you. It fosters a positive workplace culture and helps avoid unnecessary conflicts.
Informal vs formal resolution
Not all grievances require a formal process. Informal discussions can resolve many issues efficiently. A company that encourages open communication is less likely to have serious grievances. Employees may not resort to formal legal procedures if they feel heard and their grievances are taken seriously.
Unfortunately, not all grievances can be resolved informally. All companies should set up a process for handling formal complaints. The most important thing is that the business can show a clear record of registering the grievance and the steps taken to resolve it.
Steps in a grievance procedure
It is important to have a clear and structured grievance procedure. Employers should:
- Encourage informal reporting: to try to reach an early amicable resolution.
- Acknowledge the grievance: Where an informal approach is unsuccessful, a formal grievance will usually follow. An employer should acknowledge receipt of any formal grievance. This shows that the employee concerns are being taken seriously.
- Investigate promptly: Efficiency is vital when addressing a grievance. Unnecessary delays can result in frustration and potential legal disputes.
- Decide on the resolution: Inform the employee of the outcome based on the investigation and hearing and the rationale behind any decisions/action taken.
- Follow-up: Ensure the resolution is implemented effectively. This will help prevent future disputes.
- Appeal: where an employee does not accept its employer’s decision, they should be offered the opportunity to appeal the decision.
The importance of prompt investigation
Delays in investigating grievances can make things worse. Employers must act promptly to gather evidence, interview relevant parties, and remedy the issue. Timely action reassures employees and demonstrates a commitment to fairness.
Employers lacking time or expertise can outsource investigations. This is something that 3CS can help with. We can conduct thorough and impartial grievance investigations, ensuring compliance at all times.
The ACAS Code of Practice
The ACAS Code of Practice sets out principles for handling grievances in the workplace. While it is not legally binding, employment tribunals can increase any compensation awarded by up to 25% if it feels that an employer has unreasonably failed to follow the guidance set out in the Code.
Following the ACAS Code is best practice as it ensures fairness, reduces legal risks, and upholds your reputation.
Resolving grievances and the role of mediation
Resolution is the ultimate goal of any grievance process. There are several options that employers can explore, with two popular approaches being:
- Negotiation: Direct discussions to agree on a solution.
- Mediation: Using an impartial third party to facilitate discussions.
Mediation can be particularly effective for avoiding prolonged disputes. Mediation aims to find amicable solutions that protect the rights of all parties.
How 3CS can help
Outsourcing grievance investigations can be highly beneficial. Our experienced team of employment solicitors can certainly help with this. We ensure:
- Impartiality and professionalism.
- Expertise in employment law and grievance handling.
- Efficient solutions that allow you to focus on core business activities.
By outsourcing to 3CS, you can focus on running your business while we ensure grievances are resolved fairly. Don’t hesitate to call us to discuss your requirements further.
