LRD guides and handbook September 2015

Disciplinary and grievance procedures - a practical guide for trade union reps

Chapter 11

The grievance hearing and decision


[ch 11: page 76]

Many of the points in this booklet about disciplinary hearings also relate to grievances (see Chapters 1, 7 and 8). The following is a summary:


Once a formal grievance has been raised, an employer must invite the employee to a hearing. It is important that:


• the meeting takes place without unreasonable delay;


• both employer and employee take steps to ensure that they can attend the meeting;


• the employee is made aware of their right to be accompanied (see Chapter 8);


• the grievance is treated confidentially and with sufficient seriousness. For example, it should be held in an appropriate place and without interruptions;


• the employee may want to ask colleagues if they are prepared to attend the grievance meeting as witnesses. It can be a good idea to approach colleagues for a written statement before the formal grievance has been lodged if possible. Colleagues should never be pressurised to participate in the grievance process. In particular this could lead to separate allegations of harassment and disciplinary action;


• the employee must be given enough time and encouragement to explain the complaint and to propose solutions;


• the rep should make sure the employee understands that the employer may want to carry out further investigations;


• the employer must carefully consider the information and not pre-empt the outcome of the meeting;


• the employer must respond in writing to the grievance promptly; 


• the employer must explain what action will be taken to address the grievance; and


• the employer must provide enough information about how, and to whom, the individual can appeal.


At the hearing, the worker should be encouraged to provide as much detailed evidence as possible of the impact on them of the treatment experienced. It is also sensible to make arrangements to take their own notes of the meeting (see Chapter 7: Note-taking). 


The employee may well be under considerable stress, and reps should suggest a break in proceedings if they feel this is necessary.