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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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  • Hello James

    I suggest you go back to the Acas Code. You will see that the first point is for the employee to inform the employer. That has happened. The second point is for the employer to meet the employee and listen to them - in other words, you set up the hearing. Only once the employee has had the chance to explain everything to whoever hears the grievance and whoever hears it thoroughly understands the nature of the complaint that the meeting is adjourned so that any necessary investigation may be done.

    It is also right up at the start of the section of the code on handling grievances that this is what happens if an informal route fails.

    Therefore I would jettison your current programme and arrange for someone appropriate to listen to the employee ASAP. If you haven’t got past the point where an informal resolution is possible, do it informally first. If you have to hold a hearing, then set it up by letter offering the right to be accompanied but move as swiftly as possible into listening mode.

    Who needs to be interviewed will become apparent from this and it will be the investigator’s call. You can think about communication with witnesses at that point.

    Grievances and disciplinaries follow different paths. With a disciplinary issue, the investigation comes first and depending on the outcome there may or may not be a hearing. With grievances, listening comes first (informally or at a formal hearing) and the investigation follows.
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  • Hello James

    I suggest you go back to the Acas Code. You will see that the first point is for the employee to inform the employer. That has happened. The second point is for the employer to meet the employee and listen to them - in other words, you set up the hearing. Only once the employee has had the chance to explain everything to whoever hears the grievance and whoever hears it thoroughly understands the nature of the complaint that the meeting is adjourned so that any necessary investigation may be done.

    It is also right up at the start of the section of the code on handling grievances that this is what happens if an informal route fails.

    Therefore I would jettison your current programme and arrange for someone appropriate to listen to the employee ASAP. If you haven’t got past the point where an informal resolution is possible, do it informally first. If you have to hold a hearing, then set it up by letter offering the right to be accompanied but move as swiftly as possible into listening mode.

    Who needs to be interviewed will become apparent from this and it will be the investigator’s call. You can think about communication with witnesses at that point.

    Grievances and disciplinaries follow different paths. With a disciplinary issue, the investigation comes first and depending on the outcome there may or may not be a hearing. With grievances, listening comes first (informally or at a formal hearing) and the investigation follows.
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