Failure of employer to investigate grievances PDF Print E-mail
Category: Employees Area

Failure to resolve grievances without delay may result in a minor grievance escalating into a dispute. A senior member of management should ensure that all grievances are dealt with consistently and fairly.

Once a grievance has been raised, a meeting should be set up as soon as possible to allow the grievance to be aired. Management must approach the meeting from a neutral point of view. The purpose here is to ascertain all the relevant facts and determine the issues involved. The meeting should be conducted in an orderly fashion whereby aggression and rudeness are not tolerated. This should be made clear to all concerned.

It is important to note that very often what is expressed as a grievance is not the underlying problem. Therefore, the task for the manager is to discover the real cause of the problem. If a decision is not made there and then, the meeting should conclude by stating what happens next.

It is important that personalities are kept out of the matter, and that decisions are taken on the basis of facts. When a decision has been taken the reasons for it should be clearly explained to you. Before deciding on the resolution of a grievance, management must be aware of the implications of their decisions on future grievances.

A grievance procedure should:

An individual grievance should be examined as quickly as possible by the immediate superior or where the immediate superior is the subject of the grievance the matter will be considered by more senior management. Both parties should endeavour to reach agreement at as early a stage in the procedure as possible. Any remedies or recommendations for future action will be clearly stated, but in any event as expeditiously as possible.

At all stages of the procedure the employee will be given the opportunity to state his or her case and have the right to be accompanied by a representative of a recognised Trade Union and/or colleague/friend.

Upon receipt of a grievance the appropriate manager should carry out an investigation to establish the facts promptly. A clear written record should be made of the issues raised and discussed and furthermore an accurate record of the matters still in dispute should be made for the next stage of the procedure.

The Grievance Procedure provides a mechanism to solve problems and no employee shall suffer any form of victimisation as a result of raising a grievance under the procedure.

Anyone responsible for hearing a grievance should receive appropriate training, including training in equality of opportunity as issues relating to discrimination may be identified under the procedure.

Nothing in a grievance procedure should be construed as diminishing an employee's rights in law.

 

Tribunal & Court Representation

Our team of expert Employment Law Advocates can handle the Employment Tribunal process and work in conjunction with you, to give you the best chance of successfully
defending the claim to
minimise the impact
on your business.

Find out More...