Disciplinaries
What is a Grievance Procedure?
A grievance procedure is the formal process an employer will follow to address complaints raised by employees.
Employees will often raise concerns informally first and then initiate this formal process if matters have not been resolved to their satisfaction or where a particular matter is sufficiently serious to raise it as a formal grievance from the outset.
It is an important process helping to manage parties’ expectations and promote transparency and fairness.
Steps in a Grievance Procedure
- Informal Resolution – The employee and employer may try to resolve matters informally first, though this is not always possible.
- Formal Grievance – If matters cannot be resolved informally, the employee will need to raise a formal grievance.
- Grievance Hearing – The employer will hold a meeting with the employee to discuss their grievance in more detail. The meeting may have to be adjourned to allow investigations to take place. Employees have the right to be accompanied to such meetings by a trade union representative or colleague.
- Decision – The employer will decide whether or not to uphold the grievance and what action (if any) should be taken.
- Appeal Process – The employee should be given a right to appeal the employer’s decision which will involve further investigations as appropriate, an appeal hearing and decision.
Types of Grievances
Grievances can cover a wide range of workplace issues including:
- Bullying and harassment
- Discrimination
- Equal Pay
- Unfair treatment
- Health and safety
- Contract disputes such as those relating to pay and benefits
Employee Rights and Protections
Employers are under an implied contractual duty to reasonably and promptly afford a reasonable opportunity to its employees to obtain redress of any grievance.
Employees who are not given this opportunity, or are treated detrimentally as a result of raising the grievance, may be able to claim that the employer has committed a repudiatory breach of contract in certain circumstances, resulting in potential constructive dismissal claims.
Depending on the type of grievance raised, employees may also have additional protection from detrimental treatment. For example, if an employee raised a discrimination complaint and was subjected to detrimental treatment as a result they could have a claim for victimisation.
How our lawyers can help
Our team of employment lawyers can provide advice to individuals through all stages of the grievance process to assist them in obtaining a successful resolution of their grievance.
If the grievance is not handled properly, we can also advise individuals on their rights and assist them in pursuing claims against their employer, including those for constructive dismissal where appropriate.
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FAQs
Yes, an employee is entitled to be accompanied to a grievance hearing by a colleague or trade union representative.
There are no set rules on how long a grievance process should take. The employer is under a duty to act without undue delay and so should seek to arrange meetings and conduct investigations promptly. However, there are a number of factors that may complicate the process including where extensive investigations are needed or where witnesses are temporarily unavailable (for example annual leave, family leave or sickness absence).
If it is not appropriate or possible to resolve the matter informally, the employee should consult their employer’s grievance policy and raise a formal grievance. This should be done in writing and should set out clearly the nature of the grievance.
