How can I successfully manage an employee grievance?

Employees may raise grievances about a variety of topics including their working environment, conditions of employment, health and safety, and bullying and harassment. Whatever the reason, you must take employee grievances seriously, and with treat them with sensitivity. This article discusses some strategies to effectively manage an employee grievance.

Grievance procedure

All employers must have a written grievance procedure. This procedure should set out:

• who the employee should contact with their grievance;
• how the grievance is to be submitted;
• an outline of the procedure which will be followed; and
• when the employee can expect a decision.

You should avoid having a procedure that is too long or specific, as each grievance will be unique and your procedure should allow you some flexibility.

Informal discussion

The first step once you become aware that an employee is unhappy with something should be to try and resolve the complaint informally. You or the employee’s line manager should have a private conversation with the employee to clarify what exactly the problem is and what outcome the employee is seeking. You can then propose solutions and agree on a path forward. Solving a grievance early on in an informal manner can save a lot of time and prevent a lot of stress later down the road.  

Even when informal, you should still keep a record of the conversation, what was discussed, and any future steps which were agreed. You may also set a date to follow up with the employee to confirm that the steps you took to address the issue have in fact resolved their problem.

Investigation

If a formal grievance has been raised or if a grievance is more complex, it may be necessary to carry out an investigation. Investigations are important to establish all the facts and make sure that every individual involved has an opportunity to tell their side of the story. The investigation should be conducted impartially, by someone who is not otherwise involved in the grievance. For example, if the grievance concerns the employee’s line manager, the line manager will obviously not be a suitable investigator. 

If an employee has a disability, reasonable adjustments will need to be made to allow them to participate effectively. While it is important to be thorough, make sure that the investigation is carried out promptly, without any unreasonable delay. Some flexibility in your procedure may be required. For example, if an employee is unavailable for a meeting because they are off sick, consider whether written submissions would be sufficient. If there is a delay or you need to deviate from the organisation’s usual procedure, record the reasons why and keep the employee who raised the grievance informed.

Hearing

Where the formal grievance procedure has been invoked the next step following an investigation is a grievance hearing. The employee will have the right to be accompanied to the hearing by a colleague or trade union representative. If the employee wishes to bring a companion who is not one of these things, such as a family member, you should consider their request and whether granting it will assist in the process. In some cases having an alternative companion may be a reasonable adjustment if the employee has a disability.  

A record should be made of the meeting and what was said. If notes will be taken, another person should be there to act as the designated note-taker. The meeting may be audio recorded if all parties consent. After the hearing the employee should be provided with copies of any records taken and given the opportunity to comment on them.

The employee may be very upset in a grievance meeting, and emotions can run high. The person chairing the hearing must be able to stay calm and keep the meeting on track. You may want to engage an external HR consultant to assist you if managers at your own organisation lack the necessary experience in managing grievance hearings. 

If a decision cannot be made at the hearing, it may be given to the employee at a later date. This should be as soon as possible (usually within five working days) and set out in writing. The decision should also state:

• the reasons for the decision;
• any action you plan to take in response;
• the procedure for appealing the decision if the employee is not satisfied.

Appeal

Any appeal hearing should be dealt with by someone who was not involved in the initial investigation and hearing, and ideally by someone who is at least the same seniority as the manager who heard the initial hearing. Where this is not feasible internally, an external HR consultant may need to be engaged to deal with the appeal. 

Manager training

Whether dealt with formally or informally, grievances can cause stress and anxiety for the employees involved. It is important that all individuals involved in managing the process possess the relevant skills and experience to conduct their roles with sensitivity and professionalism. Managers should understand and be trained on your business’s grievance procedure and employee rights, such as the right to be accompanied. You may also want to provide additional training to managers on things such as:

• having difficult conversations with people;
• effectively managing a grievance procedure; and
• recognising signs that an employee’s mental health is being adversely affected. 

Summary

The following is a summary of the main points for employers when managing an employee grievance:

• Encourage informal resolution as much as possible.
• Carry out the stages of a formal procedure fairly and without unreasonable delay.
• Maintain open communication. Establish early on what outcome the employee is seeking. Keep them informed of any progress and explain any action you plan to take to address their grievance.
• Ensure that the grievance is dealt with by someone who is impartial and who has the necessary skills and experience.
• Keep a record of the outcome and its reasons.

If you need help developing or revising your organisation’s grievance procedure, contact our Employment Team today at employment@warnergoodman.co.uk or call 023 8071 7717. Someone from our team will be happy to assist you. If you need help conducting a grievance investigation or hearing, we can also provide external HR support.