AN EMPLOYEE’S GUIDE TO GRIEVANCE HEARINGS
Informal Procedure
If 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 written grievance promptly. 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. The written procedure should also let you know how long each stage of the grievance should take.
ACAS Code of Practice
The Advisory Conciliation and Arbitration Service has produced a Code of Practice for employees and employers to follow when dealing with grievances.
The Code states that if a grievance process is to be fair then all the following should apply:
- Your employer should deal with issues promptly
- Your employer should act consistently
- Your employer should carry out any necessary investigations
- You should be allowed to be accompanied to any formal grievance meeting
- You should be allowed to appeal any formal decision made.
Preparation for a grievance hearing
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 giving your version of events.
Representation
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.
If you have a representative you should meet to discuss your case prior to the hearing.
Alternative to a grievance hearing
Your employer may offer to deal with your grievance in writing and without the need for a hearing. You do not have to agree to this and it is usually better to attend a hearing to make sure the employer fully understands why you are aggrieved. If this is not practicable and you agree to deal with your grievance in writing you must 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. This is important to prove what was said at the meeting.
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
The person who deals with the appeal should not have been involved with the original decision. If you think that the person who is going to hear the appeal should not do so because of previous involvement you should object and ask that someone else hears your appeal
Just as at the grievance hearing you have the right to be accompanied at the appeal hearing and you should ask your companion to make a note of the meeting in case there is a dispute about what was said.
Bringing an employment tribunal claim
For most claims of unfair dismissal you must have been employed for at least one year.
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 here are strict time limits for you to pursue a claim and you should therefore seek advice as soon as possible.
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 NWEL and we can guide you through the procedure.
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