Grievance Procedure
What is a grievance?
A Grievance is a claim by an employee that he was adversely affected by a violation, misinterpretation, misapplication, or disparity in the application of a specific law, ordinance, resolution, written or unwritten policy, or rule regarding wages, hours of work, or conditions of work.
When do Grievances arise?
Grievances arise naturally in the workplace when people work together. These can relate to issues with:
- pay and conditions,
- other employees and misunderstandings.
- Disputes about terms or interpretation of contracts
- Disputes about pay and benefits.
- Disputes about promotion
- Changes to work practices or duties
- Disputes with management about terms or interpretation of contracts
This is a non-exhaustive list.
What is a grievance procedure?
A grievance procedure is a formal, structured process that allows employees to raise complaints or concerns about their work, such as unfair treatment, management decisions, or health and safety issues. It ensures issues are handled consistently, fairly, and in accordance with employment legislation, often starting with informal resolution before moving to written, investigated, and appealed steps.
Why should an employer have a Grievance Procedure?
A written policy helps employees understand the correct steps to follow and reassures them they can formally raise concerns about decisions or actions. It also supports a culture of open communication and cooperation so that many misunderstandings can be resolved early and informally.
What is the difference between a grievance and a disciplinary?
A grievance procedure is a process by which an employee raises an issue or complaint they have at work.A disciplinary procedure helps employers to deal with employee misconduct, which relates to improper behaviour or poor performance at work.
Can I be sacked for raising a grievance?
If an Employer disciplines or dismisses an employee in connection with them having raised concerns could in many cases (depending on the nature of the complaints) lead to a whistleblowing detriment or dismissal claim, or a discrimination victimisation claim.
How does a grievance procedure work?
Most issues should be addressed informally first, through straightforward conversations with management under an open-door approach. If not resolved, the matter moves to a formal process with defined steps, timeframes and appeal options.
Steps in the Grievance Procedure.
- Informal meeting with supervisor. Before filing a formal complaint, an employee should try to resolve the issue with their supervisor or manager.
- If informal meeting not successful employee formally raises grievance in writing.
- Investigation of the grievance.
- Resolving the grievance.
- If Grievance is not satisfactorily dealt with escalate to external bodies through mediation – if both parties agree.
Who can accompany an employee at grievance meetings?
An employee may be accompanied by a colleague of their choice at meetings to provide support, on the basis that this is provided for in the Contract of Employment.