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Unhappy or concerned about something that is happening at work? The role of grievances
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A grievance is the tool by which employees can register their concerns, or highlight their problems or complaints with their employers.
From an employer’s perspective, the grievance process provides advance warning of any potential employment tribunal claims before they are presented formally, giving you the opportunity to resolve them and resolve issues that you may not previously have been aware of that may affect your business.
Following the introduction of the Statutory Grievance Procedure (SGP) by the Employment Act 2002 (Dispute Resolution) Regulations 2004, when dealing with written grievances, all employers must follow the SGP set out in the Regulations.
The statutory procedure has three steps:
Step 1: the employee informs the employer of the grievance in writing;
Step 2: meeting to discuss the grievance; and
Step 3: hold an appeal, if requested.
The Regulations also introduced a “modified procedure” for use by former employees. This is a two-stage process whereby the employee sets out specific details of their grievance in writing, and then the employer responds without a hearing taking place.
In order to present a claim to the Employment Tribunal, an employee must first complete Step 1 of the SGP and then wait 28 days before presenting their claim (NB there are certain types of claims, mainly relating to dismissals, that the SGP do not apply to). Failure to do this means that the Tribunal will refuse to accept the claim.
If either employer or employee fails to follow one of these procedures, and a claim is later presented to the Employment Tribunal, any award of compensation can be adjusted by between 10 and 50 per cent. This could result in significant extra costs for a defaulting employer, or significant losses for an employee by failing to go through the procedure correctly.
As this might suggest, the SGPs were introduced with the intention of reducing the number of employment claims that pass through the Tribunal system.
The reality, however has been an increase in the costs to both employers and employees in terms of time spent and legal costs.
So what should a grievance “look like”? The answer, unfortunately, is not clear cut. Provided the “grievance” is in writing, then almost anything that identifies the complaint can constitute a grievance.
For example, a resignation letter or a written request for flexible working can be a grievance. Indeed, it is not even necessary to use the word “grievance”. This places a fairly heavy burden on employers in dealing with any written communications from their employees in considering whether a grievance has been raised, which would then trigger the need for a “step 2” meeting.
The SGP is currently under review and changes are likely in the future. However, in the meantime, employers should ensure that any complaints are dealt with quickly and in accordance with the SGP.
Professional advice should always be sought where you require assistance in specific areas of the law. No responsibility can be accepted for any action based on this article.
Leo Abse & Cohen employs 140 members of staff, including 12 partners, at its offices in Cardiff, Newport and Swansea and offers legal advice to a broad range of organisations and private clients.
For more information contact Sarah Forster on 029 2027 2098.
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