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Transcript of PRJ- Emp. Grv. Handling-A
A PROJECTON
EMPLOYEE GRIEVANCE
HANDLING
Compiled By:
SWATI ARYA
MOHIT REENA
MHA 3RD SEM
[2010-12]
Institute of Hotel Management Catering
& NutritionPUSA, New Delhi
Institute of Hotel Management Catering& Nutrition
PUSA, New Delhi
Certificate
This is to certify that Swati Arya & Mohit Reena,
Students of 3rd Sem, Masters in Hospitality
Administration [2010-2012], have completed the
Research Project Work satisfactorily.
Signature of The Faculty
Date: _____________________
2
Acknowledgement
We express our sincere thanks to our principal, Mr.
Alok Shivapuri, IHMC&N, PUSA, New Delhi for giving
us the opportunity to carry out this study. We extend
our deep gratitude to Mr. Sanjay Paruthi for
consenting to be our mentor without whose notable
suggestions and sustained interests, this project
would not have been completed.
Compiled By :
Swati arya
&
3
MOHIT REENA
Index
1. An Overview
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2.
4
An Overview
GRIEVANCE HANDLING It is a Universal fact that where ever human beings are involved, of certain there will be discontents and dissatisfaction, even though it may superbly be best managed organizations.
But, it does not mean that by thinking so, the management can ignore the grievance of the employees. Accumulation of dissatisfaction may result in severe conflicts and litigations, hampering the peace and work, for which the majority of the human being aspires.
Further, it is observed that some of the situation which could easily be otherwise avoided result in the form of grievances, damaging the very harmony of the
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organization. This is generally because of lack of concern for the employees, or due to lack of managerial expertise, or due to irrational decisions.
Quite often, it is forgotten that the grievances are pests that weaken the organization tree with the trace of indelible marks. Meaning The term “Grievance” is derived from the word ‘Grieve’ which means to cause grief or pain of mind, to make sorrowful, to show grief. According to Chambers’ dictionary, Grievance is “cause or source of Grief, ground of complaint; condition felt to be oppressive or wrongful”.
In the words of Prof. Jucius –Grievance is “any discontent or dissatisfaction, whether expressed or not, whether valid or not, arising out of anything connected with the company that an employee thinks, believes, or even feels is unfair, unjust or inequitable”. According to Edwin Flippo, “A complaint becomes a grievance when the employee feels that an injustice has been committed. If the supervisor ignores, the complaint and dissatisfaction grows within the employee; it usually assumes the status of grievance.
A grievance in business organizations is always expressed, either verbally or in writing. A grievance is usually more formal in character than a complaint. It can, of course be either valid or ridiculous, but must grow out of
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something connected with company operation or policy....
Need for a Grievance Procedure Grievance procedure is necessary for any organisation due to the following reasons.
Most grievances seriously disturb the employees. This may affect their morale, productivity and their willingness to cooperate with the organisation. If an explosive situation develops, this can be promptly attended to if a grievance handling procedure is already in existence.
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It is not possible that all the complaints of the employees would be settled by first-time supervisors, for these supervisors may not have had a proper training for the purpose, and they may lack authority. Moreover, there may be personality conflicts and other causes as well.
It serves as a check on the arbitrary actions of the management because supervisors know that employees are likely to see to it that their protest does reach the higher management.
It serves as an outlet for employees gripes, discontent and frustration. It acts like a pressure valve on a steam boiler. The employees are entitled to legislative, executive and judicial protection and they get this protection from the grievance redressal procedure, which also acts as a means of upward communication. The top management becomes increasingly aware of employees problems, expectations and frustrations. It becomes sensitive to their needs, and cares for their well-being. This is why the management, while formulating plans that might affect the employees – for example plant expansion or modification, the installation of labour – saving devices, etc. should take into consideration the impact that such plans might have on the employee.
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The management has complete authority to operate the business as it sees fit – subject, of course, to its legal and moral obligations and the contracts it has entered into with its workers or their representative trade union. But if the trade union or the employees do not like the way the management functions, they can submit their grievance in accordance with the procedure laid down for that purpose
The Causes of Grievances
The causes of employee grievances includes:
Demands for individual wage adjustments,
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Complaints about the incentive systems
Complaints about the job classifications,
Complaints against a particular foreman
Complaints concerning disciplinary measures and procedures.
Objections to the general methods of supervision,
Loose calculation and interpretation of seniority rules, and
unsatisfactory interpretation of agreements.
Promotions
Disciplinary discharge or lay-off,
Transfer for another department or another shift,
Inadequacy of safety and health services / devices
Non-availability of material in time
Violation of contracts relating to collective bargaining
Improper job assignment, and
Undesirable or unsatisfactory conditions of work
EFFECTS OF GRIEVANCES
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Grievances, if they are not identified and redressed, may affect adversely the workers,managers and their organisation. The effects include:
1. On production :
Low quality of production
Low quality of production and productivity
Increase in the wastage of material, spoilage/leakage of machinery.
Increase in the cost of production per unit.
2. On employees :
Increase in the rate of absenteeism and turnover
Reduces the level of commitment, sincerity and punctuality.
Increases the incidence of accidents.
Reduces the level of employee morale.
3. On managers :
Strains the superior-subordinate relations.
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Increases the degree of supervision, control and follow up.
Increases in disciplinary action cases.
Increases in unrest and, thereby, machinery to maintain industrial peace
Beach also refers to several reasons why there should be a formal procedure to handle grievances:
All employee complaints and grievances are in
actual practice not settled satisfactorily by the
first level supervisor, due to lack of necessary
human relations skills or authority to act.
It serves as a medium of upward
communication, whereby the management
becomes aware of employee frustrations,
problems
and expectations. It operates like a pressure-
release valve on a steam boiler,
providing the employees with an outlet to vent
their frustrations, discontents and gripes.
It also reduces the likelihood of arbitrary
action by supervisors,
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since the supervisors know that the employees
are able to protect such behaviour and make
their protests heard by higher manager.
The very fact that employees have a right to be
heard-and actually are heard-helps to improve
morale.
13
What Is The Importance Of
Grievance Handling
Procedure?
Maintaining quality of work life for
its employees is an important concern for the
any organisation. The grievance handling
procedure of the organisation can affect the
harmonious environment of the organisation.
The grievances
of the employees are related to the contract,
work rule or regulation, policy or procedure,
health and safety regulation, past practice,
changing the cultural norms unilaterally,
individual victimization, wage, bonus, etc.
Here, the attitude on
the part of management in their effort to
understand the problems of employees and
resolve the issues amicably have better
probability to maintain a culture of high
performance. Managers must be educated
about the importance of the grievance process
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and their role in maintaining favorable
relations with the union.
Effective grievance handling is an essential
part of cultivating good employee relations
and running a fair, successful, and productive
workplace. Positive labor relations are two-way
street both sides must give a little and try to
work together. Relationship building is key to
successful labor relations.
Precautions and Prescriptions :-The management should take care of following
aspects to develop a culture of trust and
confidence upon the employees,
1. Always ensure that the managers involved in
the grievance handling procedures have a
quiet place to meet with the complainant.
2. Always ensure that managers have adequate
time to be devoted to the complainant.
3. Explain manager's role, the policy and the
15
procedures clearly in the grievance
handling
procedure.
4. Fully explaining the situation to the
employee
to eliminate any misunderstanding and
promote
better acceptance of the situation
complained
of.
5. Try to let employee present their issues
without prejudging or commenting
6. Do use a positive, friendly ways to resolve
the
crisis than punitive steps, which disturb the
system.
7. Do remain calm, cool, collected during the
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course of the meeting.
8. Always focus on the subject of the grievance
than allied issues.
9. Don't make threats manage the grievances.
10. Never make use of allegations against
personalities.
11. Be aware of the staff member's potential
concerns to the possible repercussions of
raising a grievance.
12. Don't become angry, belligerent, or hostile
during grievance handling procedure.
13. Do listen for the main point of arguments
and any possible avenue to resolve the
grievance.
14. Listen and respond sensitively to any
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distress exhibited by the employees.
15. Eliminating the source of the irritation or
discomfort being complained of.
16. Reassure them that the managers will be
acting impartially and that your hope is to
resolve the matter if possible.
17. Don't "horse trade" or swap one grievance
for another (where the union wins one,
management wins one). Each case should
be
decided on its merits.
18. Avoid usage of verbosisms like "it will be
taken care of."
19. Ensure effective, sensitive and confidential
communication between all involved.
20. Take all possible steps to ensure that no
victimization occurs as a result of the
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grievance being raised.
21. The investigator or decision maker acts
impartially, which means they must exclude
themselves if there is any bias or conflict of
interest.
22. All parties are heard and those who have
had complaints made against others are given
an opportunity to respond.
23. Try to look upon the problem on different
angles for appropriate understanding.
24. Ensuring that there is proper investigation
of the facts and figures related the problem
under concern.
25. Consider all relevant information in the
investigation process.
26. Ask the staff member their preferred
resolution option, although it is important to
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make it clear that this may not be a possible
outcome.
27. Be aware of the limits of authority of the
person who involved in the grievance handling
procedures.
28. If the manager feels that he/she is not the
appropriate person (senior manager) to deal
with the issue refer the complainant to the
appropriate person as soon as possible.
29. Try to get a better idea of whether the
alleged discrimination or harassment
happened or didn't happen.
30. Tell them exactly what they are supposed
to have done, to whom and explain, why this
may be seen as discrimination/harassment or
as inappropriate.
31. Grievances are preferably to be settled
informally at the level of the employee's
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immediate supervisor.
32. Try the level best to involve team members
to resolve the crisis at unit level itself.
33. Avoid as far as possible the union
involvement in conflict resolution situation
process.
34. Follow documentation the procedures, of
all necessary steps taken to resolve the
problem/complaint.
The benefits of a Grievance Handling Procedure
21
According to Jackson, further benefits that will
accrue to both the employer and employees
are :-
It encourages employees to raise concerns
without fear of
reprisal.
It provides a fair and speedy means of
dealing with complaints.
It prevents minor disagreements
developing into serious
disputes.
It saves employer’s time and money as
solutions are found for
workplace problems.
It helps to build an organisational climate,
based on openness
and trust.
Objective of a Grievance- Handling Procedure
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Jackson lays down the objectives of a grievance-handling procedure as follows:
To enable the employees to air his/her
grievance.
To clarify the nature of the grievance.
To investigate the reasons for
dissatisfaction.
To obtain, where possible, a speedy
resolution to the problem.
To take appropriate actions and ensure
that promises are kept.
To inform the employee of his or her right
to take the grievanceto next stage of the
procedure, in the event of an unsuccessful
resolution.
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Key Features Of A Good Grievance- Handling Procedure
Torrington and hall refer to four key features
of a grievance-handling procedure :-
Fairness
Fairness is needed not only to be just but also
to keep the procedure viable, for if employees
develop the belief that the procedure is only a
sham, then its value will be lost, and the other
means sought to deal with the grievances. This
also involves following the principles of natural
justice, as in the case of a disciplinary
procedure.
Facilities for Representation
Representation , e.g. by a shop[ steward, can
be of help to the individual employee who
lacks the confidence or experience to take on
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the management single-handedly. However,
there is also the risk that the presence of the
representative produces a defensive
management
attitude, affected by a number of other issues
on which the manager and shop steward may
be at loggerheads
Procedural Steps
Steps should be limited to three. There no
value in having more just because there are
more levels in management hierarchy.
This will only lengthen the time taken to deal
with matters and will soon bring the procedure
into disrepute.
Promptness,
Promptness is needed to avoid the bitterness
and frustration thatcan come from delay. When
an employee goes into procedure, it is like
pulling the communication cord in the train .
The action is not taken lightly and it is in
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anticipation of a swift resolution.
Furthermore, the manager whose decision is
being questioned will have a difficult time until
the matter is settled.
The Discovery of Grievances
Grievances can be uncovered in a number of
ways. Gossip and grapevine offer vital clues
about employee grievances. Gripe boxes, open
door policies, periodic interviews, exit surveys
could also be undertaken to cover the mystery
surrounding grievances. These methods are
discussed below :-
a. Observation:
A manager/ supervisor can usually track the
behaviours of people working under him. If a
particular employee is not getting along with
people, spoiling materials due to carelessness
or recklessness, showing indifference to
26
commands, reporting late for work or is
remaining absent- the signals are fairly
obvious. Since the supervisor is close to the
scene of action, he can always spot such
unusual behaviours and report promptly.
b Grievance Procedure:
A systematic grievance procedure is best
means to highlight employee dissatisfaction at
various levels. Management, to this end, must
encourage employees to use it whenever they
have anything to say. In the absence of such a
procedure, grievances pile up and erupt in
violent forms at a future date.
By that time things
might have taken an ugly shape, impairing
cordial relations between labour and
management. If management fails to induce
employees to express their grievances, unions
will take over and emerge as powerful
bargaining representatives.
C. Gripe boxes:
27
A gripe box may be kept at prominent locations
in the factory for lodging anonymous
complaints pertaining to any aspect relating to
work. Since the complainant need not reveal
his identity, he can express his feelings of
injustice or discontent frankly and without any
fear of victimisation.
D. Open door policy:
This is a kind of walk-in-meeting with the
manager when the employee can express his
feelings openly about any work-related
grievance. The Manager can cross-check the
details of the complaint through various means
at his disposal.
E. Exit interview:
Employees usually leave their current jobs due
to dissatisfaction or better prospects outside.
If the manager tries sincerely through an exit
interview, he might be able to find out the real
reasons why “X” is leaving the organisation.
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To elicit valuable
information, the manager must encourage the
employees to give a correct picture so as to
rectify the mistakes promptly. If the employee
is not providing fearless answers, he may be
given a questionnaire to fill up and post the
same after all his dues are cleared from the
organisation where he is currently employed.
F. Opinion Surveys:
Surveys may be conducted periodically to elicit
the opinions of employees about the
organisation and its politics.
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ESSENTIAL PREREQUISITES OF A GRIEVANCE PROCEDURE
Every organisation should have a systematic
grievance procedure in order to redress the
grievances effectively. As explained above,
unattended grievances may culminate in the
form of violent conflicts later on. The grievance
procedure, to be sound and effective, should
possess certain prerequisites :-
30
Conformity with statutory provisions,
Due consideration must be given to the
prevailing legislation while designing the
grievance-
handling procedure.
Un ambiguity,
Every aspect of the grievance handling
procedure should be clear and unambiguous.
All employees should know whom to approach
first when they have a grievance, whether the
complaint should be written or oral, the
minimum time in which the redressal is
assured, etc. The redressing official should also
know the limits within which he can take the
required action
Simplicity,
The grievance handling procedure should be
simple and short. If the procedure is
complicated it may discourage employees and
31
they may fail to make use of it in a proper
manner.
Promptness,
The grievance of the employee should be
promptlyhandled and necessary action must be
taken immediately. This is good for both the
employer and management, because if the
wrong
doer is punished late, it may effect the morale
of other employees as well.
Training,
The supervisors and the union representatives
should be properly trained in all aspects of
grievance-handling beforehand, or else it will
complicate the problem.
Follow up,
The Personnel Department should keep track
of theeffectiveness and the functioning of
grievance handling procedure and make
32
necessary changes to improve it from time to
time
Steps in the Grievance Procedure
33
Identify grievances: Employee
dissatisfaction or grievance should be
identified by the management if they are
not expressed. If they are ventilated,
management has to promptly acknowledge
them.
Define correctly: The management has to
define the problem properly and accurately
after it is identified/acknowledged.
Collect Data: Complete information
should be collected from all the parties
relating to the grievance. Information
should be classified as facts, data,
opinions, etc.
Prompt redressal: The grievance should
redressed by implementing the solution.
Implement and follow up: The
Implementation of the solution must be
followed up at every stage in order to
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ensure effective and speedy
implementation
Redressal of Grievances
35
(ROG)
Nair and Nair state that in the Indian context,
certain guidelines were evolved in formulating
grievances-handling procedures in different
types of organisations –small, big, unionised,
non-unionised.
According to Nair and Nair, grievance-handling
procedures can bebroadly classified as 3-step,
4-step or 5-step. One of the prominent features
of the procedure suggested by Nair and Nair is
the intervention of Grievance Committees in
the 5-step procedure, which works in the
Indian context. This committee consists of:
In unionised context, two nominees each from
the management and the union (union
representative should be from the same
department as the aggrieved employee)
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In a non-unionised set up, two representatives
from the management, representative in the
Works secretary/vice president of the ‘Works
Committee.”
37
Grievance Management In Indian Industry At present, there are three legislat ions
dealing with the grievances of employees
working in industries. The Industrial
Employment (Standing Orders) ACT, 1946,
REQUIRES THAT EVERY ESTABLISHMENT EMPLOYING
100 OR MORE WORKERS SHOULD FRAME STANDING
ORDERS.
These should contain, among
other things, a provision for redressal of
grievances of workers against unfair treatment
and wrongfu7l actions by employer or his
agents. The Factories Act, 1948, provides for
the appointment of a Welfare Officer in every
factory ordinarily employing 500 or more
workers.
These Welfare Officers also look after
complaints and grievances of workers. They
38
will look after proper implementation of
existing labour legislation. Besides, individual
disputes relating to discharge, dismissal or
retrenchment can be taken up for relief under
the Industrial Disputes Act, 1947, as amended
in 1965.
However, the existing
labour legislation is not being implemented
properly by employers. There is a lack of
fairness on their part. Welfare Officers have
also not been keen on protecting the interests
of workers in the organised sector.
In certain cases, they are
playing a dual role. It is unfortunate that the
public sector, which should set up an example
for the private sector, has not been
implementing labour laws properly.
In India, a Model Grievance Procedure was
adopted by the Indian Labour Conference in its
16th session held in 1958. At present, Indian
Industries are adopting either the Model
Grievance Procedure or procedures formulated
39
by themselves with modifications in Model
Grievance Procedure. In other words, the
grievance procedures are mostly voluntary in
nature
Guidelines for Handling Grievances
The following guidelines may help a supervisor
while dealing with grievances. He need not
follow all these steps in every case. It is
sufficient to keep these views in mind while
handling grievances :-
Treat every case as i8mportant and get the
grievance in writing.
Talk to the employee directly. Encourage
him to speak the truth.
Give him a patient hearing.
Discuss in a private place. Ensure
confidentiality, if necessary.
Handle each case within a time frame.
Examine company provisions in each case.
40
Identify violations, if any. Do not hold back
the remedy if company is wrong.
Inform your superior about all grievances.
Get all relevant facts about the grievance.
Examine the personal record of the
aggrieved worker.
FAQ’S
[ Frequently Asked Questions ]
Does an employer require a grievance procedure?
The Employment Rights Act 1996 Sect 3(1)(b)
requires that the written statement of particulars
of employment issued to employees must include
a note giving the name or job title of a person
within the organisation to whom they may apply
for the purpose of seeking redress of any
grievance relating to their employment and the
manner in which it should be made. It should also
explain any further steps consequent on any such
41
application or refer them to a document that
explains them and is reasonably accessible.
Can an employer deal with a grievance informally?
In the first instance and if it is appropriate in the
circumstances, every effort should be made to
resolve a grievance informally. Most complaints
raised by employees should be dealt with by the
employee’s line manager, without recourse to the
formal grievance procedure. If the nature of the
grievance is serious, or if an informal approach to
resolving it is not successful, the employer should
deal with the grievance under its formal grievance
procedure.
Does an employee need to have raised a formal
grievance before they can make a claim to an
employment tribunal?
The statutory disputes resolution procedure
requiring employees to present a written
grievance to their employer before being entitled
to bring various types of tribunal claim was
repealed in April 2009. However, a failure by an
employee to raise a grievance may still be
42
relevant to a tribunal claim based on the
complaint as the Acas code of practice on
disciplinary and grievance procedures provides
that employees should raise grievances formally
and in writing with their employer. An
unreasonable failure to comply with the code may
result in a reduction to any compensation that the
tribunal awards to the employee of up to 25%.
Who should deal with an employee’s grievance?
In most cases the employee’s immediate line
manager should deal with the grievance, as he or
she is likely to have an understanding of the
issues. An exception to this is where the
grievance relates to the line manager, in which
case it should be dealt with by a different
manager or someone from the HR department. If
there is no alternative person to deal with the
grievance, as may be the case in very small firms,
Acas advise that the employer should make it
clear to the employee that it will treat the
grievance fairly and objectively.
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What should an employer do if an employee
retracts a grievance?
If an employee retracts a grievance, the employer
should ask why he or she has done so. The
employer should reassure the employee that the
grievance will be treated seriously and that it will
not lead to the employee being treated less
favourably.
If the employee has concerns about the person
who is the subject of the grievance, for example if
he or she is being bullied by a colleague, the
employer should advise the employee that any
intimidation resulting from the grievance will be
dealt with as a serious disciplinary issue. It should
discuss with the employee whether or not there
are steps that could be taken to enable him or her
to pursue the grievance, for example ensuring
that he or she does not come into contact with the
colleague while the grievance is investigated, or
ensuring that any allegations are put to the
colleague on an anonymous basis.
It is ultimately up to the employee as to whether
or not to pursue the grievance. If he or she does
44
retract it, the employer could decide to follow up
on the issues raised, for example by using its
disciplinary procedure to investigate allegations
of misconduct by another employee.
What if the employee cannot attend a meeting to
hear a grievance?
Both parties are required to conduct themselves
reasonably during grievance proceedings. The
employee must make all reasonable efforts to
attend a grievance hearing, but the employer
must also make reasonable efforts to
accommodate the employee if he or she has a
genuine reason for not being able to attend. If the
employee requests a postponement, the employer
should enquire as to the reason for this and
consider whether or not a postponement would be
reasonable. In most situations, if the employee
will have genuine difficulty attending the hearing,
it will be reasonable for the employer to rearrange
it to a time that is suitable for both the employee
and the employer. The employer should advise the
employee that it is important that he or she
attend the rearranged meeting so that the
45
employer can deal with the grievance properly
and without unreasonable delay.
If the employee’s companion is not available at
the time arranged for a grievance hearing, the
employer must postpone the hearing until a time
suggested by the employee, as long as the new
time is reasonable and within five working days of
the time proposed by the employer.
What if the employee fails to attend the meeting?
If an employee fails to attend a meeting under the
grievance procedure, the employer should ask the
employee why he or she did not attend and
explain that it is important that he or she attend,
to enable it to deal with the grievance fairly and
promptly. The employer should rearrange the
meeting, in consultation with the employee. If the
employee fails to attend again, the employer
should consider the reasons for the non-
attendance and whether or not it would be
reasonable to rearrange the meeting again. The
employer should balance the need to allow the
employee the chance to explain his or her
46
grievance with the need to deal with the
grievance without unreasonable delay.
The employer can make a decision on the
grievance, based on the information it has
available, without meeting with the employee, if it
is reasonable to do so in the circumstances. For
example, the employer may decide to proceed to a
decision if the employee has repeatedly failed to
attend a meeting without good reason.
Does the employee have the right to be
accompanied?
Section 10 of the Employment Relations Act 1999
provides that, if a employee makes a reasonable
request to be accompanied at a disciplinary or
grievance hearing, the employer must allow him
or her to be accompanied by a fellow worker or a
trade union representative.
Situations where the request may not be
reasonable include where the worker’s chosen
companion will not be available to attend a
hearing within a reasonable time, for example
because of illness, holiday, work or other
47
commitments. The issue of the reasonableness of
the request is a matter of fact in the particular
circumstances. Employers should carefully justify
any rejection of a request by reference to the
principles of the Acas code of practice on
disciplinary and grievance procedures including
the need to deal with matters promptly and
without undue delay.
The code gives two examples of when a request
may not be reasonable, which relate to the choice
of companion rather than the request itself: first,
where the chosen companion’s presence would
prejudice the hearing or involve a conflict of
interest (as would be the case where disciplinary
action for the same facts is being pursued against
the proposed companion, or where the proposed
companion is involved in the proceedings as a
witness); and second, where there are suitable
colleagues available at the same site, but the
employee requests the attendance of a companion
from a remote geographical location.
Who can be chosen as a companion?
48
The companion must be chosen by the worker and
can be a fellow employee or a trade union official
who has been certified by the union as having
experience of, or having received training in,
acting as a companion at such hearings. There is
no necessity for the trade union official’s union to
be recognised in the workplace nor is there any
obligation on workers or union officials to accept a
request to act as a companion.
Unless employees have additional contractual
rights they may not be accompanied by other
categories of companion, such as a partner,
spouse, or legal representative.
Can an employer reject an employee’s choice of
companion ?
Under s.10 of the Employment Relations Act 1999,
employees have the right to be accompanied at a
disciplinary or grievance hearing if their request
to be accompanied is reasonable. Therefore, an
employer can reject an employee’s choice of
companion if it is unreasonable for him or her to
request to be accompanied by that person. This
may be the case, for example, if the companion is
49
involved in the proceedings, or because he or she
will not be available for a meeting for a
substantial length of time.
Does a 16 or 17 year old worker have the right to
be accompanied by a family member?
Unless contractually entitled, no employees have
a statutory right to be accompanied by a family
member at a disciplinary or grievance hearing,
unless the family member is a work colleague or
trade union official, in which case he or she will be
a permissible companion under the statutory right
to be accompanied. However, there is nothing to
prevent an employer from allowing a worker to be
accompanied by a family member and it may be
appropriate to allow this in the case of a very
young individual.
What is a Companions role?
The companion must be permitted to address the
hearing in order to put the employee’s case, sum
up the case and respond on the employee’s behalf
to any view expressed at the hearing. He or she
must also be permitted to confer with the
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employee during the hearing. However, the
companion has no right to answer questions on
behalf of the employee, to address the hearing if
the employee does not wish him or her to do so,
or to prevent the employer explaining its case.
An employee acting as a companion is permitted
to take a reasonable amount of paid time off
during his or her working hours to accompany a
colleague to a disciplinary or grievance hearing
and to prepare and confer with the employee
before and after the hearing. He or she may
present a complaint to a tribunal if the employer
fails to pay him or her for the time off.
What should happen if companion cannot attend
the hearing?
If the companion is not available at the proposed
hearing time and the employee suggests another
time that is reasonable and falls within five
working days of the original time, the hearing
must be postponed until the new time proposed
by the employee.
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If the employer fails to comply with a reasonable
request by an employee to be accompanied, or
fails to postpone the meeting to a reasonable date
when the companion is unable to attend the
scheduled meeting, the employee can complain to
an employment tribunal. Where the complaint is
well founded the tribunal will order the employer
to pay up to two weeks’ pay as compensation
(subject to the statutory cap on the amount of a
week’s pay).
How should the outcome of the hearing be
recorded?
The employer should notify the employee of its
decision on his or her grievance in writing, setting
out the reasons for the decision. The employer
would not usually include copies of notes on the
investigation as a matter of course, but if the
employee requests these, the employer may have
a duty to disclose the documents in accordance
with the Data Protection Act 1998.
The employee has the right to see personal
information that the employer has about him or
her held as a computer record, or in a structured
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paper filing system. This could include notes on
the investigation into his or her grievance.
However, before disclosing the data, the employer
must assess whether or not disclosure will breach
the confidentiality of others. If a third party is
identified in the notes, for example a witness who
was interviewed as part of the investigation, the
information can be disclosed only with that
person’s consent, or if it is reasonable in the
circumstances to disclose it. Alternatively, the
employer could provide the notes to the employee
after removing the parts from which the third
party could be identified.
The employer should also bear in mind that the
purpose of the grievance process is to allow the
employee to raise concerns or problems. The more
transparent the employer’s process, the more
likely it is that the employee will be satisfied with
the way it has handled his or her grievance.
What is the appeals process ?
The Acas code of practice on disciplinary and
grievance procedures provides that an employee
who is dissatisfied with the outcome of a
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grievance should appeal and provide the grounds
for appeal in writing. If an employee raises an
appeal verbally, the employer should ask the
employee to put his or her grounds for appeal in
writing.
Where the employee fails to provide adequate
information, the employer should write to the
employee and ask for the grounds for appeal so
that it can properly consider, and if necessary
investigate, the issues in advance of the appeal
meeting.
However, where an employee refuses or fails to
provide the grounds for appeal, it is advised that
the employer still hears the appeal and notifies
the employee of the outcome without
unreasonable delay. Should the grievance become
relevant to subsequent tribunal proceedings, and
if the employee is successful with his or her claim,
the tribunal could make a reduction to any
compensation that it awards of up to 25% if it
considers that the employee unreasonably failed
to comply with the Acas code by not providing the
written grounds for his or her grievance appeal.
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There is no set timescale for lodging an appeal
against a grievance decision. However, the Acas
code of practice on disciplinary and grievance
procedures requires employees and employers to
raise and deal with issues promptly. Therefore,
employers should advise employees to raise any
appeal without unreasonable delay and should
specify a timescale in their grievance policy.
Employers should address all appeals that are
raised within a reasonable time frame, even
where they are raised outside of any time limit
stipulated in their own grievance policy.
A grievance appeal should be heard, where
possible, by a manager who is more senior than
the person who dealt with the grievance, and who
has not previously been involved in the
proceedings. If there is no more senior manager,
as may be the case in small businesses, another
manager should hear the appeal. If there are no
other managers, there may be another suitable
person who could hear the appeal, for example
the business owner. If it is not possible for
another person to hear the appeal, the employer
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should make it clear to the employee that it will
treat the grievance appeal fairly and objectively.
The number of appeal stages contained in a
grievance procedure will depend on the size of an
organisation, its resources and its management
structure. For larger organisations with several
tiers of management, the Acas guidance on
discipline and grievances at work suggests a
procedure with two appeal stages, while for
smaller organisations one appeal stage will
usually mark the end of the grievance procedure.
Does a former employee have the right to raise a
grievance ?
Grievance procedures should focus on resolving
disputes with employees. A former employee
might have a dispute with his or her ex-employer
that could form the basis of tribunal or court
proceedings, and the employer may feel that it is
appropriate to engage in dialogue with the
individual in the hope of resolving the issue.
However, this does not require the use of a formal
grievance procedure with a right of appeal.
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