You should try to follow this, where possible. In the course of the grievance hearing, the employer should obtain the employee's views on what action they would like to be taken and the employer should take this into consideration when making its decision. In order to resolve the problem, you must first establish a procedure. Disciplinary decisions must follow a disciplinary procedure. They may take into account a wide variety of factors, e.g. Litigation is usually the worst outcome – uncertain, costly, time consuming, career-limiting and stressful for all concerned. In which case, your employee might opt to go further and raise a formal grievance. So your employer is doing everything right so far. If the employer decides that the employee does have a legitimate grievance but there is nothing practicable that can be done to resolve it, it should explain its reasoning to the employee so that they can see that the employer has given serious consideration to the matter. 6.4.2 Grievance Hearing One of the main purposes of a grievance procedure is to defuse the anger and hostility that can surround disagreements between workers and management. XpertHR is part of the LexisNexis® Risk Solutions Group portfolio of brands. GUIDELINES. The decision should be given without unreasonable delay. The person against whom the grievance is lodged must be clearly identified; The normal rules of a hearing will be applicable, for example every party shall have the right to be heard, to call on witnesses, etc. Hold the grievance appeal meeting – this should re-examine the decision. 4. The employer should tell the employee of the outcome as soon as possible and in writing. LNRS Data Services Limited trading as XpertHR is an Appointed Representative of Markel International Insurance Company Limited trading as Markel Legal Expenses Insurance which is authorised and regulated by the Financial Conduct Authority. Please press Ctrl/Command + D to add a bookmark manually. The appeal process – the employee has the right to appeal the decision if they are unhappy with the outcome. Use of the service is subject to our terms and conditions. If, as a result of the grievance proceedings, the employer decides to instigate the disciplinary procedure against the employee complained about, it should ensure that it carries out a sufficient investigation. Issue tribunal proceedings on form ET1 (Employment Tribunal Form). After following a fair grievance procedure, the employer should decide on the best outcome based on: the findings from meetings and investigations what is fair and reasonable what their workplace has done in any similar cases before Grievances may be categorised in two forms, i.e. If the employer upholds the grievance wholly or in part, it should identify action that it will take to resolve the issue. ... the earliest possible stage. If the grievance involved allegations against a particular individual, for example the employee's line manager, the appropriate outcome may be to commence disciplinary proceedings against that individual. The second possible outcome involves the courts, with the employee taking legal action against his employers if it is a violation that is against labor law. Your browser does not allow automatic adding of bookmarks. A grievance procedure or process is normally created within the collective bargaining agreement. An employee grievance requires the employee to raise their issue with their employer. 7. In doing so, data collected from six government organizations in Western Canada will be used to shed light on the possible relationships between the climate of industrial relations and the grievance outcomes. This paper is concerned with exploring the above issue. Having an informal chat when they first come to you with their issue can sometimes be all you need to address what's bothering them. If the grievance involved other people in the workplace and it was upheld, the employer might need to start a disciplinary procedure. Employees may have concerns or complaints about aspects of their work – these are grievances To make sure there is no bad feeling, the employer should talk privately with the employee. Circumstances where the grievance procedure will not apply: • If the complaint is in relation to the outcome of any case in which the disciplinary, supporting performance improvement or sickness absence management procedure has been followed. 6.1 Scope of grievances. As soon as possible after a grievance appeal hearing, the employer should communicate its decision to the employee in writing. It may not always be possible to achieve the desired resolution identified by the individual raising the issue or concern. There are a number of possible outcomes from raising a concern. Having investigated an employee's grievance and held a meeting with the employee to discuss it, the employer should consider whether or not to uphold the grievance and what, if any, action to take. Unions have considerable leeway in deciding whether or not to take a grievance to arbitration. There is an appeal letter template available to download in the grievance letter template section of the website. 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