Case Study in Human Behavior
A grievance might concern matters such as an employee’s work, physical working environment, pay and benefits, relationships with colleagues, or general treatment at work. Examples include complaints about: C] terms and conditions of employment D health and safety D work relationships D bullying and harassment 0 new working practices 0 working environment C] organizational change 0 discrimination.
The purpose of the grievance procedure is to allow employees to raise genuine workplace grievances and have them dealt with fairly and objectively without fear of recrimination.
Dealing with grievances Employees and line managers would alma to settle most grievances Informally. Many problems can be raised and settled during the course of everyday working relationships. This also allows for problems to be settled quickly. In some cases independent mediation can help resolve problems, especially those involving working relationships. For more information on when mediation might be appropriate see Section AC of the Employment Code.
It is helpful If managers try to view the raising of grievances constructively.
Anybody working In an organization may, at some time, have problems or concerns about their work that they wish to talk about with management. They usually want the grievance to be addressed and, if possible, resolved. If a grievance is raised, this provides an opportunity for the manager to resolve a workplace problem before it escalates and develops into major difficulties for all concerned. Knowing about a problem is much better than remaining ignorant of the fact that an employee is unhappy or disgruntled about some aspect of his or her employment.
Once a manager knows that an employee has a grievance, he or she can discuss the matter with the employee, take on board the employee’s point of view and, If possible, revive a solution or part solution.
If a manager refuses to listen to the employee’s grievance or declines to take it seriously, or if he or she treats the employee as a troublemaker, the employee may end up raising two grievances. The original grievance will remain unresolved and the 1 January 2013 ABSORB Best Practice Guidance Note employee may have a new grievance in respect of the manager’s unreasonable and unhelpful response.
In organizations which have an open style of communication and consultation, problems and concerns are more likely to be raised and settled Informally as a matter of course. When responding to grievances managers should demonstrate: CLC an ability to listen well 0 patience C] an TTY to remain adjective when nearing pilots AT flew Tanat may not accord Walt own 0 empathy 0 the ability to understand the employee’s grievance within the larger context of the organization’s needs; and 0 good verbal communication skills, in particular the ability to be direct and honest without alienating the employee.
If it is not possible to resolve matters informally or the employee chooses to go straight to the formal procedure, you should contact your HER department for advice. Together o will identify an appropriate person to investigate the complaint.
Keeping records An employee does not have to submit an informal grievance in writing and it will not be recorded on official files. However, any actions arising as a result of their concern will be recorded.
Full confidential records should be kept of all formal grievances raised, including a record of: 0 the substance of the grievance 0 all interviews conducted in relation to the grievance 0 the employer’s response to the grievance any actions taken as a result of the grievance 0 the reasons for such actions 0 details f any appeal and its outcome 0 any subsequent developments. Records relating to the grievance should be held confidentially in the employee’s personnel file.
They should be retained for as long as is necessary to ensure that the grievance has been resolved and/or until the time limit for the employee to complain to an Employment Tribunal has passed.
Normally records will not be retained beyond 12 months after the grievance has been resolved. If the matter proceeds to a disciplinary hearing and a penalty is given, all records will be disposed of once the penalty has expired. Resolving the grievance When the grievance has been investigated, and conclusions drawn, the investigator should send an outcomes letter to the employee who raised the complaint.
A copy of the decision/outcomes letter should be sent simultaneously to the local/linguists HER team and management to ensure that any recommendations raised during the grievance investigation are addressed. Where a grievance is upheld it will not always be possible for it to be resolved to the employee’s satisfaction, perhaps because giving the employee what he or she wants would breach ABSORB policy, cost too much money or be impracticable. January 2013 ABSORB Best Practice Guidance Note The outcome letter should include a summary of each allegation and the evidence for and against, an overall conclusion and decision.
However, care should be taken not to breach the confidentiality of other parties. For example if a grievance is upheld and results in the matter being considered under Bass’s disciplinary procedure, it is not appropriate for the details of this, or any subsequent penalty to be shared. In addition, be mindful that actions taken to resolve a grievance may have an impact on other individuals, who may also feel aggrieved. In addition, if the grievance was against named individuals, they should also be advised of the outcome of the investigation, and where appropriate, what action will be taken (e. . Training, taken forward under the Disciplinary Policy etc).
The complainant should be informed that he or she has the right of appeal in accordance with Bass’s grievance procedure. Any appeal should be dealt with impartially and by a manager not previously Involved In ten case. Winner possible, tens snouts De a more senior manager. In outcome of the appeal should be communicated to the employee in writing, without unreasonable delay, and within the agreed 14 calendar days in the Employment Code.