Employee rights on grievances at work

At some point in running a business you might encounter an employee grievance, when this happens the way you deal with it can determine the impact it has on your business. Dealing with a grievance efficiently and utilising the correct procedure can ensure that employees feel heard, whilst showcasing that you take their complaints seriously. Doing the opposite and not following correct procedure or not taking the claim seriously can not only alienate your workforce but also land your business in hot water from a legal perspective. 

With the Government’s Employment Rights Bill set to shake up the landscape of employment law, your business could fall foul of an employment tribunal, unless you ensure that your business’s contracts and documentation are up-to-date.  

To better understand your employees’ rights when it comes to grievances contact the employment law specialists at Croner on 0808 501 6651. Our expert team can advise you to ensure that your business implements effective and legally compliant policies and procedures.  

What is covered under an employee grievance?

An employee can raise both an informal or formal grievance, this can be a complaint, concern, or problem that an employee wishes to raise regarding the following:

• Working environment.
• Working conditions.
• Employee or managerial conduct.
• Wages and payment.
• Process failure.
• Treatment of an employee.
• In response to redundancy, performance, or disciplinary process against an employee.

How should an employee raise a grievance?

If an employee has an issue at work, then it’s a good idea for them to raise the issue informally first. From an employer's perspective you should respond to this, even if it is raised informally.

The employee can go on to raise a formal grievance if:

• Raising the issue informally hasn’t had a satisfactory response form their employer.
• In instances where they do not want to address the issue informally.
• In instances where there is a serious issue, instances of sexual harassment, whistleblowing etc. 

When an employee has raised a formal grievance then you should acknowledge the grievance by following a formal procedure. At the very least this procedure should follow the ACAS code of practice. 

Types of workplace grievance

There are several types of grievances that employees can raise in the workplace. Including: 

• Individual grievances - raised by a single staff member.
• Collective grievances - raised by a group of employees. 

My employee has raised a formal grievance, what are my options? 

If discussing the matter informally with your employee fails, then a formal grievance may be the next step. If this happens, a formal procedure must be raised without unreasonable delay. It should be submitted to the line manager (or a senior manager if the grievance relates to the line manager).

An employer's grievance policy and procedure should be outlined in the company handbook or HR manual. But if you don't have one, your employee can refer to the ACAS Code of Practice process. However, it is strongly recommended that you create a grievance policy that outlines the procedure and that this is communicated to all employees, via their documentation. 

How are employee grievances going to be affected by the Employment Rights Bill?

The Employment Rights Bill will tighten and extend legislation in several areas of law, particularly around sexual harassment, parental leave, redundancy, sick pay and flexible working to name a few. There will also be increased protections regarding whistleblowers, and unfair dismissal which will mean that employers will have to be extra diligent when dealing with employee grievances and the grievance procedure regarding these instances. 

Ensure that your grievance procedure takes into account the revisions to employment law

Talk to Croner today and speak to a member of our expert team of advisors and employment law specialists. Call 0808 501 6651.