If an employee has a concern or problem that they haven’t been able to resolve with their employer informally, they may make a formal grievance complaint to them. Employers should set out a grievance procedure and share it in writing with all employees, for example in their statement of employment or staff handbook. It must include who the employee should contact about a grievance and how to do so, and make clear to the employee that if the problem can’t be resolved informally, there will be a meeting with them, called a grievance hearing. It should also: set out time limits for each stage of the process, identify who to contact if the normal contact person is involved in the grievance, explain how to appeal a grievance decision, state that employees can be accompanied in any meetings by a colleague or union representative, and outline what happens if a grievance is raised during disciplinary action. Employers should also take into account the LRA Code of Practice when handling grievances.

Before holding a hearing, employers should give the employee notice so that they can prepare their case, while they carry out a full investigation if necessary and take statements from any witnesses who cannot attend. They must make it clear that the employee can bring a colleague or union representative if they want to, and arrange for another manager to attend to make sure that the hearing is conducted properly with someone to take notes of the meeting. If the employee cannot attend the hearing, they should be offered a reasonable alternative date and time. The employee can also suggest a different time for the hearing if the person accompanying them cannot attend. They must do this within 5 working days after their employer proposed the original meeting time.

Employers can make a decision without having a hearing if the employee fails to attend or they are on long-term sick leave and unable to go to meetings in the near future.

Employers should give the employee a copy of the meeting records, and following their decision, a written response to the hearing including their decision and the reasons behind it. The employee should also be given the opportunity to appeal this within the business.

It is important for businesses to note that a failure to follow the grievance procedure set out in the LRA Code of Practice, in those cases which a tribunal can hear, may mean that the tribunal adjusts any award by a percentage of up to, or down by, 50 percent to reflect that the provisions of the Code have not been reasonably followed.

Legal Island Training Resources for Your Staff

Workplace Bullying | eLearning Course

Are you responsible for overseeing the implementation of training for all employees on the new Bullying Code of Practice in your organisation?
Legal Island has created a 45-minute eLearning course for all employees. The provision of this training for your staff will enable your organisation to act in compliance with the Code and help to raise awareness of bullying and harassment in the workplace and explain what to do if employees are concerned.

Click here to view our course on workplace bullying.