Grievance

Guide for Employers and Managers

NEW With effect from 6 April 2009

In place of the statutory legal requirements, ACAS have provided a statutory Code of Practice in handling grievances.  This Code of Practice should be used in the design and implementation of Grievance Procedures.  Failure to follow the Code does not in itself make a person or organisation liable to proceedings.  However Employment Tribunals will take the Code into account when considering relevant cases.  Tribunals will also be able to adjust any awards made in relevant cases by up to 25 per cent for unreasonable failure to comply with the Code Practice. 

APS Policy, Procedures and supporting letters are based on ACAS Code of Practice

Grievances are concerns, problems or complaints that employees raise with their employers. Where possible employees should aim to settle grievances informally. Where grievances remain unresolved employees have the right to formally raise the complaint with their employer.

Normally the Grievance Policy and Procedure should be set out in the employee’s contract of employment or written statement of particulars or held in a readily accessible place. Under the ACAS Code the Grievance Procedure should provide various levels for dispute resolution:

1 Statement of Grievance

  • the employee informs the employer of their grievance, which should be confirmed in writing

2 Meeting

  • the employer should invite the employee to at least one meeting to discuss the grievance and inform the employee of the decision
  • employers must permit workers to be accompanied at a grievance meeting by either a Trade Union Representative or a colleague
  • failure to allow an employee to be accompanied at the grievance meeting can result in a complaint to an employment tribunal and a compensation award
  • the employee must be given a Right of Appeal if the complaint is not resolved 

3 Appeal

  • a meeting should be held and the result of the Appeal notified to the employee

 

A Personnel Solution

Grievance

 

APS Policy and Procedure

  • set out minimum statutory requirements and essentially makes provision for the employer to have flexibility in managing the process, with clearly defined and well explained steps throughout the process
  • details the process for dealing with employee’s complaints informally through mediation and conciliation
  • where formal action is required, the procedure takes the employer and employee through every stage of the grievance procedure
  • this procedure, with the aid of the supporting letters, has helped many employers and managers stay out of tribunal

APS letters

  • cover every stage from receiving the employee’s written complaint through to the employer’s final decision. The employer can easily pick out a letter at any stage of the process with clear guidelines for completion

APS forms

  • enable the employee to set out their grievance in writing

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This information should only be used in conjunction with A Personnel Solution terms of use