Briefing: The ‘other side’ of workplace grievances
There has been a significant increase in grievances recently. The impact of extended periods of enforced homeworking over the last two years has no doubt contributed to the rise in grievances from staff for a variety of reasons. When grievances are raised, the focus is often on the person who is bringing the complaint, but in this briefing, Pam Loch looks at grievances from the ‘other side’ and the employer’s role in managing the person the grievance is being made about.
The basics
An employee can raise a grievance about their workload, physical working environment, pay and benefits, working hours, health and safety, working relationships or general treatment at work. The aim of a grievance procedure is to allow employees to raise genuine workplace grievances and have them dealt with fairly and objectively without fear of recrimination. The grievance procedure should be in writing, as this helps to clarify the process. Legally, all employers are required to provide employees with the name of the person to whom the employee should apply in relation to a grievance and how the formal grievance should be made. This needs to be provided within two months of the start of employment.
Being on the receiving end
When an employee raises a grievance about their manager or another colleague, it can be easy to forget that there are two parties involved. A grievance doesn’t have to be serious to have a significant impact on the employee the grievance is about. This is especially true where complaints involve discrimination as they raise fundamental questions about a person’s morality too.
The risks of getting it wrong
There are potentially life-changing consequences to not handling grievances well. An employee on the receiving end of a grievance may be concerned about losing their job and potentially their career. Whether or not the complaint is ultimately upheld, they may be concerned that having a grievance raised about them may result in lasting reputational damage within the business. Hackneyed phrases like ‘there’s no smoke without fire’ and ‘mud sticks’ are often used when colleagues hear about a grievance. It’s important, therefore, to develop a culture where there is no presumption of guilt until proven innocent.
Employees facing grievances can often feel isolated and ignored, especially if they have been suspended while an investigation is carried out and they are not supported through the process. As a result, employers could be faced with grievances being made by them too. Sadly, there have also been a number of cases where employees on the receiving end of a grievance have suffered mental breakdowns and even taken their own lives.
If the complainant feels that their employer has failed to properly deal with their grievance, they could resign and bring Employment Tribunal claims for constructive unfair dismissal. This would mean the content of the grievance, as well as how it was handled, would become publicly available. The alleged perpetrator could have a claim brought against them personally too if it involves discrimination.
What employers should do
Policy and procedure
An employer must ensure they have a clear and easily understood grievance procedure in place so that staff know what to expect if they make a grievance. Ensure the process is in line with the ACAS Code on grievances. Encouraging staff to try to resolve issues informally is the best way and that should be highlighted at the start of the policy. Managers should also be trained on what to do to resolve issues.
If it can’t be resolved informally or the complaint involves serious issues, then you should meet with the complainant as soon as possible to discuss their grievance and explore with them how they want it resolved. It may sometimes be the case that a carelessly-worded or hastily-drafted email has an unintended meaning to the recipient, causing offence. Alternatively, the grievance may involve multiple parties, a series of incidents or complex issues necessitating further investigation. It is therefore important to fully understand the complaint first to establish what further steps may be necessary, including whether an investigation is needed and how long it is likely to take.
Sometimes the aggrieved employee may want the other individual dismissed and nothing short of that will do. If you don’t respond to the complaint and manage expectations at an early stage, then it could cause problems further down the line. For example, the complainant could resort to other ways of getting their grievance ‘heard’ such as bringing an ET claim or posting the information online.
Telling the other party
If the grievance is about another employee, then you should let them know confidentially that a complaint has been raised about them, offer support and explain that they will have an opportunity to respond.
If the issues raised in the grievance are very serious and you are considering if suspension is appropriate, it’s important to explore other options first, such as temporarily changing shift patterns or redeploying the individual. Whilst suspension may be appropriate and is usually on full pay, it’s likely to feel like a punitive step and must be managed carefully and sensitively. At the early stage you have not fully investigated the complaint and ultimately it may not be upheld. It’s important to regularly review the suspension at appropriate stages and when circumstances change. We also recommend that where possible a manager not involved in the investigation is asked to arrange regular welfare checks-ins with the employee during the suspension.
The investigation
Employers have an equal duty of care to all employees involved and must adopt a balanced approach, keeping an open mind and viewing the evidence objectively. Often, where the grievance is about another individual, the alleged incidents may have taken place in private without any witnesses, so it can become one person’s word against the other. Nevertheless, if an employer fails to properly investigate and reach a reasonably held view on the issues, the business is left exposed to further complaints and claims from either party.
Supporting employees through the grievance process
It is worth reviewing your support and benefits packages to ensure that employees have access to confidential support and advice if a grievance involves them. One increasingly popular and cost-effective way of doing this is set up an Employee Assistance Programme. The programme we are recommending to clients offers up to 12 counselling sessions per employee and confidential advice on a range of issues from financial advice to health and lifestyle support at a very low cost. If you have a mental health first aider, you could signpost them to the employer. Not only can these benefits provide valuable assistance to employees involved in grievances, but it can also improve staff engagement more generally and reduce sickness absence rates.
Training
It’s important to equip your managers with the tools to promote an inclusive workplace culture so as to avoid formal complaints in the first instance. To minimise the negative impact on all parties it’s important to manage grievances appropriately when they do arise and provide mental health support in the workplace.
Book places for Loch's Nip it in the Bud training sessions
Book onto Loch's First Aid for Mental Health course
Pam Loch is an Employment Solicitor and Managing Director of Loch Employment Law.
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