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.

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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

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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

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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

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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:

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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 :-

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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

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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

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necessary changes to improve it from time to

time

Steps in the Grievance Procedure

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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

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(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.”

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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

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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

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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.

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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

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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

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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

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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

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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

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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

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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?

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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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