To succeed with a grievance at work there are some important steps you can follow to maximise your chance of a successful outcome.
Step 1 – Prepare well before you begin
Good preparation will be critical to your chances of success. Start by producing a timeline, a record of everything that could be relevant, or a diary of all key events.
And it is always good practice to confirm in writing anything important to you that is discussed with your manager. If it’s an important matter, follow-up such conversations with an email confirming your understanding. Otherwise, who can prove what happened if you end up having a disagreement with your employer? Perhaps your manager leaves. Or on reflection, your manager backtracks and develops selective amnesia.
Step 2 – Familiarise yourself with your employer’s relevant policies and procedures
It isn’t enough for you to merely be unhappy with how you have been treated. You must show why it is wrong, by reference to your employer’s policies and procedures.
You also need to be sure you know the ‘ins and outs’ of the procedure you should be using when making a complaint. Get this right and you are less likely to be ‘palmed off’ with an unsatisfactory response or outcome.
Step 3 – Attempt to informally resolve your concerns
To comply with ACAS’s Code of Practice, you must try to resolve your concerns informally before beginning formal proceedings.
Raise your concerns with your manager to give them the opportunity to find a solution. That is, unless your manager is implicated in treating you improperly – in which case you should approach another manager or HR.
Step 4 – Submit a grievance complaint letter
OK. So, you have prepared well, can show how you have been treated improperly, and had no success informally resolving your concerns. Now is the time to ‘press the button’ on commencing formal grievance proceedings.
Submit your grievance complaint in writing. Explain your concerns, why they should be taken seriously, and the outcome you are seeking. State that this is a formal grievance, you want a Formal Meeting arranged as soon as possible, and that an independent hearing manager should be appointed to consider your case.
But don’t get embroiled in too much detail just now. That’s for later. A good grievance letter need be no more than one (or at the most two) pages long; summarising your concerns with a series of bullets. Otherwise, you may find that even before you meet, the Hearing Manager has already made up his or her mind on the basis of the evidence you have already provided. And this without you having the opportunity to position or explain your case.
You want the grievance hearing to be the very first time that the Hearing Manager is exposed to all the evidence and able fully understanding of your case. That puts you in control!
Step 5 – Arrange for a companion to accompany you
Attending a Grievance Meeting can be a daunting prospect. The Hearing Manager will be more senior than you, will be accompanied by a Notetaker and perhaps someone from HR. And although the Hearing Manager should be impartial, they will probably be briefed in advance on how to protect your employer’s interests.
So, exercise your legal right to be accompanied. But beware – there are only two types of people who can accompany you. A work colleague. Or a representative of a trade union. No-one else!
For a start, even if it’s just a work colleague acting as companion, they will give you moral support. They will also reduce the chances of you being treated improperly by acting as a witness to the meeting. And by taking notes on your behalf, this will allow you to concentrate on presenting your case and answering any questions.
But let’s face it – having a trade union professional accompanying and representing you is certainly best. They can give you confidence. Guide you through proceedings. And, on your behalf, present your case in the most compelling and effective way.
Step 6 – Prepare a Written Statement setting out your case
You want to be in control of your grievance meeting. And you certainly don’t want to be presenting your case in an unclear or disjointed way. That’s why you need a Written Statement.
A well-constructed Written Statement can set out a clear narrative of your concerns. It can control the pace and direction of the grievance meeting. And it can shape how the Hearing Manager understands your case. It will put you on the front foot and reduce the number of questions you are likely to be asked.
But don’t send your employer or Hearing Manager a copy in advance. Otherwise, they can make preparations to catch you out. Instead, give it to them at the meeting – leaving you in control and ensuring your points are not misrepresented either in the minutes or at a later time.
Step 7 – Attend the grievance meeting
Follow all the earlier steps and you have every reason to be confident when you eventually get to your grievance hearing.
Now be strategic and keep focussed on what outcome you want to achieve and how best to achieve it.
For a start, don’t be rude, aggressive or ‘throw into the ring’ every little gripe and concern you might have. A half-baked argument will soon be exposed when subject to examination. You want to persuade the Hearing Manager of the merits of your case – and the potential legal consequences of not upholding it – not bludgeon them into submission. You have prepared well – so leave them impressed!
And stick to the facts without exaggerating. Otherwise, any holes and inconsistencies in your case will soon be exposed. And that will provide your employer with the opportunity to ‘wriggle off the hook’ and dismiss your concerns.
Finally. Don’t even think of secretly taping the meeting. It may be tempting. But it actually achieves nothing other than breaking down everyone’s trust and goodwill. In fact, you might even be in breach of your contract!
Step 8 – Check the minutes for accuracy
The minutes are important and should be sent to you within a week of the grievance hearing, whilst details are still fresh in everyone’s mind. They need not be a verbatim record of everything said. But they should capture the key points raised and discussed.
They will be the official record of the meeting that will be relied upon if you proceed to Appeal or employment tribunal.
However, they could be misleading. Although your Written Statement should reduce scope for errors, the Notetaker may have got the wrong end of the stick. Or the Hearing Manager might just doctor the minutes to record some points differently.
So, check the minutes as soon as you receive them. Write back to the Hearing Manager with any changes you want to make. And don’t fall into the trap of believing that by not responding in writing, or refusing to sign a copy of the minutes as being agreed, that this is sufficient to contest their accuracy.
If you and the Hearing Manager cannot agree on the minutes, both versions will be retained as separate records of the meeting.
Step 9 – Appeal if unhappy with the hearing manager’s decision.
You probably won’t receive a decision on the day of your grievance meeting. Instead you should receive an Outcome Letter – typically within two weeks – explaining the Hearing Manager’s decision and any proposed measures flowing from it.
ACAS’s Code of Practice gives you have a right to Appeal against the grievance outcome. If your employer was foolish enough to refuse to hear an Appeal, you could claim compensation at employment tribunal.
You should then repeat Steps 4 to 8 above.
However, your Appeal Letter and Written Statement must not be a re-hash of those used for your original hearing. Focus upon how you believe the Hearing Manager’s Outcome Letter either failed to satisfactorily consider and respond to your points. How it reached unreasonable conclusions based on the evidence. Or how it produced an unsatisfactory resolution.
The Appeal Manager should have had no previous involvement in your case and must be more senior to the Hearing Manager.
Step 10 – Weigh up your legal options
If you still don’t get the outcome you deserve at Appeal, you can evaluate your legal options.
These could involve making an employment tribunal claim – in which case you must comply with strict timescales. Normally, you must submit a claim within three months of the incident you are complaining about (which could be ongoing).
If either you or your employer haven’t properly follow the requirements of the ACAS Code of Practice, the amount of compensation you might receive could be increased or decreased by up to 25%.
Alternatively, it may be that you can reach a Settlement Agreement with your employer if it acknowledges that it may have been at fault and wants to avoid the cost and time involved in being embroiled in legal proceedings.
How WRS can help you
We are passionate about securing a fair outcome for employees who have been unfairly treated at work. For those workers who are not already trade union members, our support with pursuing a complaint at work can include:
- Evaluating your case, how best to construct it and your prospects of success.
- Guiding you on what to write in your Grievance Complaint Letter.
- Preparing for you a compelling Written Statement, that gives you the very best prospect of success.
- Arranging for a representative of a trade union to accompany you at any formal Grievance or Appeal Hearing – presenting your case in by far the most compelling and effective way.
To understand more about how we can help, use the contact details below.
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