Voluntary Procedures
Employers should ensure that a grievance procedure is available for their employees’ reference. Informal grievances should be encouraged, as these can resolve problems at an early stage. Employees should be actively encouraged to discuss potential problems with their line manager or HR department.
If a formal grievance is raised then you need to carry out an investigation, keep accurate minutes, and, if necessary, call witnesses to give evidence. An employer does not have to follow the ACAS code, but if it does not there is a risk that a future employment tribunal will increase the amount of compensation awarded to the employee. An employee who issues proceedings without submitting a grievance in appropriate cases, risks having their award reduced by 25%.
Raising a grievance is appropriate in any case where discrimination or constructive dismissal is alleged.
Following the submission of a formal grievance a record should be retained on the personnel files of the employee involved. These records may be referred to if the grievance is unresolved. A formal grievance is often the first warning of potential litigation.
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