Grievances - not always obvious!
Are grievances always obvious? The answer is no, which is a pity for employers who have to operate a formal grievance procedure or risk losing out in an Employment Tribunal! So at what point does an employee complaint amount to a formal grievance?
Recent tribunal cases have decided that valid grievances have included: a letter of resignation in a constructive dismissal case; a solicitor's letter from the employee; and a formal request for flexible working where an earlier informal request had been rejected.
In essence Tribunals are interpreting the recent Dispute Resolution regulations liberally to stop what they consider to be well-founded claims being disallowed for technical reasons. It says a grievance does not have to be made in an "unduly legalistic or technical manner" to comply with the regulations; it just has to be set out in writing and sent to the employer. It says that grievances can be widely defined arising from complaints made by employees about actions their employer "has taken or is contemplating taking" in relation to them. The courts have held that it is not always necessary for employees to say they want the complaint treated as agrievance. Furthermore their thinking is that employees do not have to ask for a meeting to discuss the complaint nor does an employee need to have the "express intention" of raising a grievance. Essentially the regulations do not require employees to set out the basis for the grievance until the employer invites them to a meeting.
So how do you, the employer or line manager, identify when that grievance alarm bell rings? Be aware that a grievance is a concern, a problem or complaint that an employee raises to their employer regarding their work, working practices and environment, pay, health and safety, working relationships... the list can be endless - grievances aren't always obvious! You need to be aware that the start of a grievance procedure need not necessarily be raised in the conventional formal manner; it can be a general moaning letter, an email or, yes, a resignation letter. Even without an employee setting out full detailed information of a grievance, there could still be enough information within a communication for a grievance to be raised and the grievance procedure triggered. Bearing in mind the enhanced financial compensation (between 10 to 50%) should the correct procedure not be followed, you need to ensure that you and your managers are able to recognise when a grievance has been, or may be, raised.
The simplest way to do this? An easy-to-understand and effective grievance procedure, providing employees with:
a) a forum to raise a grievance regarding a genuine workplace issue
b) a course of action to follow should they have a complaint
c) the knowledge that any grievance will be dealt with fairly and objectively with no fear of recrimination
d) Points of contact and timescales to resolve issues of concern
Fact - all companies, by law, must have standard grievance procedure in place whereby an employee can set out their grievance in writing and send it to their employer before starting to make a claim. Publicising yours and making it accessible for all your employees won't mean that you'll find yourself facing more grievances, but it will mean that you'll find it easier to recognise grievances and to deal with them appropriately.
HR Advantage can help you develop and communicate appropriate procedures, train your managers, and, of course, help you resolve problems as and when they arise. For more information please contact Mark by calling 01743 245564, or by email: mark@hradvantage.co.uk.
October 2006
