North West Employment Law - Specialist Employment Solicitors

AN EMPLOYEE’S GUIDE TO GRIEVANCE HEARINGS

Informal Procedure

DiscriminationIf you have a problem at work it is usually best to raise this with your employer as soon as possible, before the problem gets any worse. Most problems can be resolved informally without the need to go through a formal grievance.

Formal Procedure

If despite mentioning your concerns informally the problem continues, or if the issue is serious, you should raise a formal grievance. Your employer should have a written grievance procedure. If you do not already have it ask your employer for a copy so you know what to do and to whom you should send your grievance. The written procedure should also let you know how long each stage of the grievance should take.

Preparation for a grievance hearing

You are entitled to be represented at a grievance hearing by a trade union official or a fellow employee. If you would prefer to be accompanied by a friend or family member your employer may agree if you ask in advance. If your representative is unavailable on the date set for the hearing, ask for the hearing to be put back to a date that is convenient. You are entitled for the date to be put back by up to 5 working days.

Keep a record of any relevant events including dates and times, what happened and who was present.

Keep copies of all relevant documents (eg memos, letters, emails, notes of meetings)

Prepare a list of everything you want to say, all the questions you want to ask and of everything you disagree with in any information provided to you by your employer. If possible write a statement detailing your grievance.

If you have a representative you should meet to discuss your case prior to the hearing.

Alternative to a grievance hearing

If you have left your employment your employer will probably still deal with your grievance, but they may offer to deal with it in writing and without the need for a hearing. You do not have to agree to this and in most cases it is better to attend a hearing to make sure your employer fully understands why you are aggrieved. If this is not practicable and you agree to deal with your grievance in writing you should set out the full details of your grievance including exactly what you say your employer has done wrong .

Attendance at a grievance hearing

Even if you decide to represent yourself it is worth taking someone with you to make notes.

Hand over to your employer copies of any prepared statements and any documents that you want to be considered.

Answer any questions as best as you can and challenge anything that your employer says that you do not agree with.

Ask for an adjournment if anything takes you by surprise during the hearing and you need time to consider your response (eg if your employer produces new documents which you have not seen before).

At the end of the meeting make sure you have covered everything you wanted to say

You may be told the result of the hearing at the end of the meeting but quite often your employer will want to have time to consider your grievance and will write to you to tell you the result.

Appealing the outcome of a grievance

If you remain dissatisfied following the grievance hearing you have the right of appeal. If you are not sure on what grounds you can appeal it is better to appeal straight away and say that you will supply the grounds of appeal later on, rather than miss a time limit for an appeal. The letter from your employer advising you of or confirming the outcome of the hearing should tell you to whom and by when you should appeal.

Ask for a copy of the minutes of the grievance hearing and if you believe the notes are inaccurate tell your employer why.

Bringing an employment tribunal claim

It is usually advisable to send a written grievance to your employer to try to resolve your issues before you make a complaint to the employment tribunal but there are strict time limits for you to pursue a claim and you should therefore seek legal advice as soon as possible.

Individual employers procedures vary. This guidance is for general information only. Although it is intended to cover most situations, if you are in doubt on what action to take contact North West Employment Law and we can guide you through the procedure.