Grievances can be time-consuming and extremely difficult to manage. Here are my 10 top tips for managing grievances as efficiently and effectively as possible.
Do not assume that the grievance process is the correct or appropriate means of addressing the employee’s concerns. Just because an employee says they want to raise a “grievance”, it does not necessarily mean that they really do. They may not have properly thought the matter through. They may not understand what is involved and it may be that they are unaware of the other options open to them. Always explore the various options with them before moving forward.
Get someone in your team, perhaps HR or someone on their behalf, to have an initial conversation with the employee who has raised concerns. They should explain:
This sets the scene and ensures that the employee knows what they are getting into. The conversation should not be used to try to ‘put them off’ using the grievance procedure. It should be seen as an opportunity to explore possible alternative ways of resolving matters including potential mediation, informal discussions (perhaps involving HR), and transfers etc.
If the employee does with to go down the formal grievance procedure route, the first step is to appoint someone to investigate the grievance. The investigator has an extremely important role in the grievance process. In a disciplinary process, the investigator is not usually a witness in a subsequent tribunal claim. In a grievance situation, they are likely to be a key witness and so should be selected carefully from among those people available. If necessary, you can look outside the department or area of the business. You can even look outside the company to a more experienced investigator if the situation warrants this.
A grievance investigator has to be extremely sensitive, understanding and take the time to look into all aspects of the grievance. This is not merely a fact-finding exercise. It is important to explore the employee’s feelings and broader concerns as this will have an impact on the final decision.
The investigator will normally begin by interviewing the person raising concerns. Even if they have prepared a detailed note of their concerns, the investigator should discuss this with them in order to gain clarity, discuss preferred outcomes/resolutions, gauge their strength of feeling and look for any ulterior motives.
After this meeting, the investigator would usually meet with the person who is the focus of those concerns to explain the situation to them. This is likely to be a difficult conversation and, possibly, highly emotive. We have produced a guide to help those having difficult conversations throughout the grievance process which contains further information.
The investigator should be the only person to speak to potential witnesses and others caught up in the process, including the ‘accused’. They need the skills and ability to keep the situation contained and to know what they can and can’t say and how to ask sensitive questions.
Witnesses should not be asked ‘open’ questions, inviting their opinion etc. They should be asked for a factual account of what they saw, heard or said. They should be given as little information about the complaints/concerns as possible and be given strict instructions to keep all information confidential and not to approach anyone else regarding the situation. These issues can be covered in a ‘pro forma’ interview sheet to ensure that they are not overlooked.
It is extremely important that the investigation report is thorough, detailed and contains a fair and balanced account of everything the investigator has discovered. This should include the feelings and concerns that have arisen as a consequence of the investigation and be should be written sensitively.
It should not reach any conclusions but should contain clear recommendations and helpful practical suggestions as to how the matter could be resolved.
Once the investigation report is complete, you should give careful consideration as to who to appoint as your grievance manager. This should be someone with authority, capable of handling difficult conversations, who is able to calmly talk through the report and engage the employee in finding a practical solution-orientated outcome.
The grievance meeting itself is an opportunity to go through the investigator’s findings and allow the employee an opportunity to challenge them and put forward any other thoughts or responses. The grievance manager can explain how things appear to him, based on the report, but should also listen carefully to the employee’s views and thoughts. At the end of this meeting the manager should advise the employee that he will consider his decision and write to the employee with his decision as to the outcome and any appropriate recommendations.
Following the grievance meeting, the grievance manager should reach a carefully considered, fair and practical decision. This needs to be put in writing and given or sent to the employee concerned. It should carefully explain the reasoning behind the decision and clearly set out the next steps.
Any appeal should be handled by someone more senior than the grievance manager. This should be someone who is also capable of being sensitive and looking at practical ways of resolving matters. Careful preparation is required, and the appeal should be handled by someone who has the time and patience to do it justice.
Appeal outcomes need to be logical, based on the facts, but also taking into account the emotional and other factors.
The appeal is not the final stage in the grievance process. Once the appeal has been concluded, the relevant managers, along with HR, need to decide what happens next and action it. This may be the implementation of the measures agreed, a training plan, mediation meetings or, in some cases, the start of a dismissal process.
Finally comes the ‘mopping up’ exercise. This involves making sure that everyone who has been involved in the grievance process is given the appropriate feedback and not left speculating or gossiping about events. It also involves gathering all of the relevant paperwork and, in some cases, preparing for the potential tribunal claim(s).
It is essential that grievances are resolved, one way or another. If the employee is unwilling to accept the outcome of the process, or if he has upset people by the allegations that have been made, removing the employee from the business (or part of the business) may be the only realistic option. This can be done fairly in appropriate circumstances, but you are advised to take legal advice before going down this route.
Sadly, most grievance procedures are not ‘fit for purpose’, often skipping the all-important investigation stage and not allowing the flexibility required to de-escalate the issue and actually find ways to resolve it. They also often fail to deal with the ‘fallout’ issues in a sensible and robust way, leaving the employees aggrieved and dissatisfied with the outcome.
This is an ideal time to review your grievance procedures and also to train HR, managers and investigators in how to properly manage a grievance at work. If you would like further support with this, please let me know.
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