Editor's message: Even in the most congenial workplaces, from time to time employees may have concerns about their work, working environment or working relationships. Having a clear and effective grievance procedure in place can help organisations resolve such issues at an early stage, often without recourse to a formal process.
The written statement of terms and conditions of employment issued to every new employee must include specified information relating to the redress of grievances. Beyond that, there is no minimum statutory procedure to follow in relation to grievances. However, you must ensure that your process complies with the basic principles of fairness set out in the “Acas code of practice on disciplinary and grievance procedures”. Although employees cannot bring employment tribunal claims based purely on a failure to follow the code, the tribunals will take any such failure into account when considering relevant cases.
While your organisation will be able to deal with many grievances in a straightforward manner, it is also advisable for it to have a clear policy for dealing with some of the more challenging aspects of employee grievances, including persistent trivial grievances and those raised in relation to ongoing disciplinary or capability procedures.
Bar Huberman, acting employment law managing editor
XpertHR is exploring the different ways that employers deal with discipline and grievances among employees. This is a totally confidential survey; neither your name nor the name of your organisation will be identified by XpertHR.
We look at how employers can take a common sense approach to dealing with employee grievances.
Enhanced to include a new section on recording of meetings during the grievance process.
Enhanced to include a new section on recording of meetings during the collective grievance process.
Employers are increasingly encountering employees covertly recording disciplinary and grievance meetings. In this week's podcast, we discuss how an employer should deal with this.
Dealing with a grievance promptly and fairly is vital for employers aiming to reduce the risk of employment tribunal claims. Zeba Sayed sets out a five-step guide for HR on how to conduct a successful grievance procedure.
In this week's feature-length podcast, we are joined by special guests Nicky Stibbs and Max Winthrop to discuss some common areas of concern around the termination of employment.
Practical guidance on dealing with a situation where an employee requests to record a meeting or has recorded a meeting covertly.
Additional information on the law on grievance procedures for NHS employers, including dealing with bullying and harassment and job planning and pay progression disputes. To be read in conjunction with the general information on the law on grievance procedures.
In Jinadu v Docklands Buses Ltd EAT/0434/14, the EAT held that an employee was not entitled to have her disciplinary proceedings suspended while the employer considered a grievance that she had raised about her treatment. However, the case was remitted because the tribunal had failed to make clear findings as to whether she was dismissed for gross misconduct or for poor performance.
HR and legal information and guidance relating to employee grievances.