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Grievance raised by employee against another

James

Hi, 

I understand when a grievance is raised informally against another employee, the next step should generally be to talk privately to the person complained about to try to resolve. However If the employee proceeds with submitting a formal grievance, can I check I understand the correct steps?

1.Carry out a full investigation into the grievance and obtain all relevant evidence. 

2. Invite the employee to the grievance meeting and remind them of their statutory rights to be accompanied.  Send the evidence to the employee in advance of the grievance meeting.

3. Hold the meeting, allowing the employee to explain details of grievance and take notes etc. 

4. Adjourn the grievance meeting to give proper consideration to all the evidence before making a decision.

With regards to the employee who is subject to the grievance being raised, what communication is / should be made during this process?    

I presume they would be made aware of the grievance being raised and provided with (appropriate) evidence.  Would they be involved in any capacity ( with mediation ) in the meeting) or only informed of the outcome post meeting?   

Apologies in advance for the basic question - very new to HR and trying to get my head around this!

Thanks

James

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  • Hi James, in my experience you may find you need to speak to the employee being complained about as part of your evidence gathering ahead of the grievance hearing so you will need to communicate with them and hence they will have an idea of what has been said (but not necessarily by whom, depending on the circumstances). However they wouldn’t be involved in the grievance process beyond being questioned by the investigating officer as a “witness”. archive.acas.org.uk/.../Conducting_Workplace_Investigations.pdf

    If the outcome of the grievance process recommends mediation, then that is the point they and the employee making the complaint would sit down. I find it useful to remember that the grievance process is about the employee who complained - it is their opportunity to seek redress for something that has upset them. The person they complain about isn’t entitled to know the outcome of the other person’s grievance.

    However, if the outcome recommends the other person be disciplined, it is at that point that the other person becomes aware of the alleged misconduct and the case against them in full which would be done in accordance with your disciplinary policy. If no further action is to be taken against the person complained about I do also let them know that, so they know the matter is at an end and they no longer need to worry.
    Hope this helps.
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  • Hi James, in my experience you may find you need to speak to the employee being complained about as part of your evidence gathering ahead of the grievance hearing so you will need to communicate with them and hence they will have an idea of what has been said (but not necessarily by whom, depending on the circumstances). However they wouldn’t be involved in the grievance process beyond being questioned by the investigating officer as a “witness”. archive.acas.org.uk/.../Conducting_Workplace_Investigations.pdf

    If the outcome of the grievance process recommends mediation, then that is the point they and the employee making the complaint would sit down. I find it useful to remember that the grievance process is about the employee who complained - it is their opportunity to seek redress for something that has upset them. The person they complain about isn’t entitled to know the outcome of the other person’s grievance.

    However, if the outcome recommends the other person be disciplined, it is at that point that the other person becomes aware of the alleged misconduct and the case against them in full which would be done in accordance with your disciplinary policy. If no further action is to be taken against the person complained about I do also let them know that, so they know the matter is at an end and they no longer need to worry.
    Hope this helps.
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