Grievance Procedures
If you have a grievance in the work place then it is best to try to resolve the issue with your employer.
However, if this direct approach does not lead to a satisfactory outcome then it may be necessary to follow a formal grievance procedure.
Common Types Of Grievance.
There are a number of possible reasons an employee may want to raise a grievance in the workplace, some of the most common of which include:- * Discrimination; * Unfair pay; * Terms of employment; * Working conditions; * Statutory employment rights; * Disagreements with co-workers.
How To Raise A Grievance At Work.
There is no legally binding procedure that must be adhered to when a grievance is raised at work.
There are, however, certain principles set out by ACAS (Advisory, Conciliation and Arbitration Service) that must be observed.
These principles are called The Code of Practice - or just 'The Code - and determine how both employer and employee should behave when handling a grievance.
According to The Code, there should first be an attempt to resolve the problem informally.
Therefore if you have a grievance you should try discussing the problem directly with your employer.
If this does not provide a sufficient outcome, the next step is to raise the grievance formally.
Each employer will have their own formal grievance procedure.
This must be set down in writing in a location that can be easily found by an employee, such as:- * In the company handbook; * In an employment contract; * On the company's intranet site; * In the Human Resources personnel manual.
Generally, there will be 3 steps to a grievance procedure:- 1.
Write to your employer.
Firstly, write to your employer setting out all the details of your grievance.
2.
Meet with your employer.
Your employer should then arrange a meeting to discuss your issue and look at possible resolutions.
It is your legal right to take a companion to this meeting, such as a colleague, a trade union representative or trade union official.
This companion may speak on your behalf, but may not answer questions on your behalf.
3.
Appeal your employer's decision.
After the meeting has taken place, your employer should write to you in a timely fashion with a decision on how your grievance will be resolved.
If you are unsatisfied with this decision, then you have the right to appeal.
This appeal should again be made in writing, and your employer must arrange another meeting.
What Other Action Can You Take? If your appeal still does not provide an outcome you are happy with, then you may want to consider taking your complaint to an Employment Tribunal.
This will allow your grievance to be assessed by an independent judicial body.
It is worth remembering, however, that the Tribunal will consider whether the ACAS Code of Practice has been followed.
If it has not, then this could affect your claim.
For more information you should contact a legal expert.
However, if this direct approach does not lead to a satisfactory outcome then it may be necessary to follow a formal grievance procedure.
Common Types Of Grievance.
There are a number of possible reasons an employee may want to raise a grievance in the workplace, some of the most common of which include:- * Discrimination; * Unfair pay; * Terms of employment; * Working conditions; * Statutory employment rights; * Disagreements with co-workers.
How To Raise A Grievance At Work.
There is no legally binding procedure that must be adhered to when a grievance is raised at work.
There are, however, certain principles set out by ACAS (Advisory, Conciliation and Arbitration Service) that must be observed.
These principles are called The Code of Practice - or just 'The Code - and determine how both employer and employee should behave when handling a grievance.
According to The Code, there should first be an attempt to resolve the problem informally.
Therefore if you have a grievance you should try discussing the problem directly with your employer.
If this does not provide a sufficient outcome, the next step is to raise the grievance formally.
Each employer will have their own formal grievance procedure.
This must be set down in writing in a location that can be easily found by an employee, such as:- * In the company handbook; * In an employment contract; * On the company's intranet site; * In the Human Resources personnel manual.
Generally, there will be 3 steps to a grievance procedure:- 1.
Write to your employer.
Firstly, write to your employer setting out all the details of your grievance.
2.
Meet with your employer.
Your employer should then arrange a meeting to discuss your issue and look at possible resolutions.
It is your legal right to take a companion to this meeting, such as a colleague, a trade union representative or trade union official.
This companion may speak on your behalf, but may not answer questions on your behalf.
3.
Appeal your employer's decision.
After the meeting has taken place, your employer should write to you in a timely fashion with a decision on how your grievance will be resolved.
If you are unsatisfied with this decision, then you have the right to appeal.
This appeal should again be made in writing, and your employer must arrange another meeting.
What Other Action Can You Take? If your appeal still does not provide an outcome you are happy with, then you may want to consider taking your complaint to an Employment Tribunal.
This will allow your grievance to be assessed by an independent judicial body.
It is worth remembering, however, that the Tribunal will consider whether the ACAS Code of Practice has been followed.
If it has not, then this could affect your claim.
For more information you should contact a legal expert.
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