Handling grievances

Often a grievance will be resolved informally by line managers but if the employee is contemplating a tribunal claim, or has resigned and intends to claim constructive dismissal, they must ensure that they follow the statutory grievance procedure laid down in the 2004 Dispute Resolution Regulations. They must set out their grievance in writing.

Any written complaint should be regarded as a potential grievance, even if the employee does not ask for the formal procedure to be invoked. The employer should discuss the grievance with the employee and inform the employee's right to appeal.

Not part of the statutory grievance procedures, but under separate legislation, the employee has the right to be accompanied by a fellow employee or a trade union representative. It is advised that the decision should be given to the employee in writing. The meeting should be held within 28 days of the grievance being received.

The employer should then carry out an investigation. This may conclude the grievance is well-founded, in whole or in part, or the employer should indicate on what grounds he finds the grievance to be not substantiated. The employee can then appeal. The appeal should be heard by a different manager, with the same right to be accompanied, and a conclusion given to the employee in writing. This will complete the statutory procedure but the employer's own grievance procedure may have additional steps.

Where a former employee raises a grievance after their employment has ended - typically a constructive dismissal claim - the Regulations provide for a 'modified' grievance procedure. This does not require a meeting to be held - the employer can respond in writing to the grievance. Both parties have to agree for the modified procedure to be followed. Thus, an employer is within his rights to reject the request.

Employees who have been dismissed have a right of appeal against their dismissal, but they do not have to exercise that right in order to bring a tribunal claim.

Failing to respond to a grievance in compliance with the statutory procedures will not in itself be grounds for a tribunal claim but tribunal awards for constructive dismissal or discrimination, for example, can be increased by up to 50% if the employer has not complied with the relevant procedures.

The regulations permit the time limit, for an employee to bring a tribunal claim, to be extended in order for a grievance to be lodged. These rules are complex and tax even the experts. Tribunal claims can now be presented up to six months after a resignation or an alleged incident of discrimination.

There is a fundamental reason for dealing with grievances promptly and efficiently - an aggrieved employee is a potential disaster waiting to upset a client.