subject: Toys out of prams? [print this page] Toys out of prams? Toys out of prams?
Until the statutory dispute resolution regulations came along, the raising of formalgrievances was a relatively rare occurrence in most workplaces. The ACAS Codedescribes grievances as "concerns, problems or complaints that employees raise withtheir employers".
With the coming of the regulations, with its requirement that an employee raise aformal grievance before he could take tribunal action, the UK's grievance culturetook off. Even though the regulations were repealed over a year ago, there seems tobe a far greater willingness to complain and some complaints are absurdly trivial.
It is an employee's right to air a genuine grievance. Every company employing staff,however small, must have a process by which staff can formally raise a grievance tothe employer's attention. Raising a grievance does not automatically entitle staffto have their own way, but any member of staff is entitled to be sure that a genuinegrievance will be properly examined and considered.
Employers are under a duty to properly explore grievances in a timely fashion with aview to reaching a suitable resolution, but what do you do if an employee keepsraising trivial grievances or grievances that have already been dealt with?
A good start is to draft your grievance procedures in such a way as to allow you tomake an initial assessment of the case before spending too much time on it. Forexample, the procedure could state that you reserve the right not to hear grievancesthat are frivolous or vexatious, or that merely repeat complaints that have alreadybeen made.
If the grievance is clearly frivolous, advise the employee that you will not dealwith the complaint in accordance with the grievance procedure, unless he can showthat his concern is legitimate.
If the employee's grievance restates an earlier complaint that you have alreadydealt with, ask him to explain how the new grievance differs from the previous one,and either what new incident has occurred or what new evidence has come to light.Where you have reasonable grounds for belief that nothing new being raised, you candismiss the grievance without a hearing. There's no breach of the implied term thatyou will address the employee's grievances, because you will be able to establishthat the grievance has already been addressed. If you do decide to reject thegrievance without a hearing, write to the employee and explain that no furtheraction will be taken because the grievance has already been dealt with. Refer theemployee to the outcome of the original grievance and inform him that you willconsider the matter if new incidents occur or if new facts come to light.
Where you have reasonable grounds for belief that an employee is using the grievanceprocedure to make deliberately false allegations, or as a form of bullying against acolleague or manager, it should be treated as a misconduct matter. In serious casesit can justify dismissal. Only consider disciplinary action if there are cleargrounds for a belief that the grievance was made in bad faith, as action taken inthese circumstances could amount to victimization if the employee is acting in goodfaith in making the allegations.
Russell HR Consulting provides expert knowledge in the practical application ofemployment law as well as providing employment law training and HR support services.For more information, visit our website at www.russellhrconsulting.co.uk or call amember of the team on 0845 644 8955.
Russell HR Consulting offers HR services to businesses nationwide, includingBuckinghamshire (covering Aylesbury, High Wycombe, Milton Keynes, Bedford, Banbury,Northampton, Towcester and surrounding areas), Nottinghamshire (coveringChesterfield, Mansfield, Nottingham, Sheffield, Worksop and surrounding areas) andHampshire (covering Aldershot, Basingstoke, Reading, Farnborough, Fareham,Portsmouth, Southampton and surrounding areas).
