Summary
Highlights
Grievances are a bedrock of HR and crucial for avoiding nasty tribunal claims. The webinar emphasizes that understanding and correctly implementing grievance procedures can prevent small problems from escalating into significant legal issues. It highlights the importance of being employee-led and thoroughly documenting every step of the process.
Common grievances include concerns about pay, working conditions, and workload. Discrimination is particularly highlighted as a major concern due to uncapped awards in tribunals, with an average award of £57,000 for discrimination claims. Whistleblowing and protected characteristics (e.g., related to disability of a family member) also fall under grievances that can lead to serious legal consequences if not handled correctly. Early intervention and seeking advice are crucial.
Formal grievances require heavy documentation, including invite letters, detailed minutes, witness statements, and outcome letters. Employees do not have to use the word 'grievance' for a complaint to be considered formal. Employees have a legal right to be accompanied by a colleague or a trade union representative. The employer's role in the hearing is to listen and gather information, not to offer opinions, followed by thorough investigation without undue delay.
There are three possible outcomes for a grievance: upheld, not upheld, or partially upheld. Partially upheld is the most common, where some legitimate concerns are addressed while others are deemed 'noise'. Employees have a legal right to appeal the grievance outcome, and they should clearly state the grounds for their appeal. It's generally best practice to offer an appeal in all circumstances, even if the grievance was upheld.
The ACAS code of practice is legally binding, and failure to follow it can result in a tribunal judge uplifting any award by up to 25%. Having a clear grievance policy is essential for legal compliance and fostering an open-door culture where employees feel their concerns are heard. A case law example illustrates a £90,000 award due to improper handling of a grievance, emphasizing the financial risks of not taking grievances seriously.
Grievances, regardless of the outcome, can reveal valuable insights into business practices and improve company culture. The Q&A session addresses various practical questions, including timeframes for grievances, the format of responses, handling investigation notes, reasonable adjustments, and the role of grievance managers. It emphasizes the importance of clear communication, documentation, and seeking expert advice.