Turning Grievances into Opportunities for Growth

This article outlines the key principles and steps for managing grievances effectively, highlighting the benefits of a clear grievance policy and adherence to the ACAS Code of Practice.

Handling grievances effectively is crucial for promoting a positive workplace culture and mitigating risks related to employee dissatisfaction and legal claims. Whether formal or informal, grievances can range from minor misunderstandings to significant issues, such as discrimination or bullying. UK employment law requires employers to address grievances promptly and fairly, promoting a respectful and productive work environment.

When handled well, grievances can become opportunities for growth and improvement within an organisation. By maintaining a transparent grievance process, training managers, and encouraging a respectful work environment, employers can reduce the risks of costly employment tribunal claims and create a more positive and engaged workplace.

Importance of a Well-Defined Grievance Policy

A clear grievance policy is essential for guiding both employees and managers on how to address complaints. The policy should:

• Be accessible and understandable – The policy should be readily available in the employee handbook
• Define what constitutes a grievance – Explain the types of complaints that fall under grievance procedures, such as issues related to working conditions, interpersonal conflicts, discrimination, or harassment
• Outline the procedure – Describe the process for raising a grievance, including informal steps and the formal procedure
• Set expectations – Clarify timelines, roles, and responsibilities so that employees know what to expect

A transparent grievance policy builds trust, encouraging employees to address issues through proper channels rather than allowing concerns to fester.

Complying with the ACAS Code of Practice

The ACAS Code of Practice provides employers with practical steps to handle grievances fairly and consistently. Following this code is not legally binding, but failing to comply can result in adverse consequences, such as increased compensation for the employee if they pursue a tribunal claim.

The code advises employers to:

• Handle grievances promptly and without unreasonable delay
• Conduct investigations thoroughly and impartially
• Allow the employee to be accompanied by a colleague or trade union representative during grievance hearings
• Communicate decisions and the rights to appeal in a clear and timely manner

The Grievance Process

Step 1: Informal Resolution
Some grievances can be resolved informally through direct communication. Encourage managers to address minor issues quickly by facilitating open discussions between the involved parties. However, it is essential to handle informal resolutions sensitively, ensuring employees feel safe and supported.

Step 2: Formal Grievance Submission
When informal resolution is not possible, employees should submit a formal grievance. The grievance policy should include clear instructions for submitting a complaint, including the format and who to address.

Step 3: Acknowledgment and Initial Assessment
Upon receiving a formal grievance, acknowledge receipt promptly, ideally within one or two business days. Determine if an investigation is needed or if the matter can be resolved through a similar process.

Step 4: Investigation
Conduct an impartial investigation, gathering relevant information and interviewing witnesses as necessary. Ensure the investigator is neutral and trained in handling sensitive issues. Thorough documentation is essential, as it provides a record for any future dispute or tribunal case.

Step 5: Grievance Hearing
Schedule a formal grievance hearing, allowing the employee to present their case. The employee has the right to be accompanied by a colleague or trade union representative. Ensure the hearing is conducted respectfully and impartially, with time allowed for the employee to express their concerns fully.

Step 6: Decision and Communication
Following the hearing, make a decision based on the evidence gathered. Communicate the decision to the employee in writing, explaining the reasoning clearly. If the grievance is upheld, outline any corrective actions that will be taken.

Step 7: Right to Appeal
Employees should be informed of their right to appeal the decision. If an appeal is lodged, appoint an impartial manager to review the decision and determine if any aspects were overlooked or handled improperly.

Handling Sensitive Grievances

When grievances involve sensitive topics, such as bullying or harassment, a higher degree of sensitivity and confidentiality is essential. Ensure that the employees involved feel supported and that their privacy is respected throughout the process. Additional safeguards may include:

• Assigning a different investigator who is not closely associated with the employees involved.
• Offering counselling or support to help employees manage the emotional impact of grievances.
• Adopting a trauma-informed approach, approaching conversations with empathy, and actively listening to the employee’s concerns.

Training Managers to Handle Grievances

Well trained managers are a critical asset in managing grievances effectively. A properly trained manager is more equipped to resolve issues constructively and reduces the need for a formal grievance to occur. Regular training should include:

• Listening and communication skills
• Legal and policy knowledge
• Confidentiality and impartiality
• Building a culture of respect and avoiding retaliation

Building a culture of respect and avoiding retaliation 

Employees should be encouraged to feel comfortable in speaking up without fear of repercussions. Employers should take steps to ensure that retaliation is strictly prohibited and will be dealt with as a serious disciplinary matter if it occurs.

By creating a workplace environment that values inclusivity, open communication, and the proactive resolution of issues, employers can establish a culture where employees feel safe to raise concerns early on. The stronger the workplace culture, the less likely employees are to feel the need to escalate matters to a formal grievance.

Sign up for our upcoming webinar: “Grievance: Managing Grievances with Confidence” 

Join us at 4pm on 12 December for an insightful session on turning grievances into opportunities for growth. Learn the best practices for handling workplace grievances, creating a clear grievance policy, and how to train your team to resolve issues effectively. Register now.
https://birkettlong.eventogy.com/c/grievancemanagegrievanceswithconfidence