The content of the grievance
[ch 11: page 75]All the Acas Code says about the content of the written grievance document is that it should “set out the nature of the grievance”. In practice it is important to focus on relevant, key points, and to avoid getting bogged down in irrelevant issues. Antagonistic language and personal attacks should also be avoided.
Where the grievance concerns verbal remarks, for example, use of abusive or racist language, the words used should be set out as accurately as possible, so that there is a clear and consistent record of what took place. It is also a good idea to explain briefly and concisely how the language made the worker feel and what outcome they would like to see.
In all cases, it is sensible to keep a diary of relevant incidents, to create an accurate source of who said what to whom and when. Any evidence, such as copies of texts or screen prints of offensive online posts, should be kept. A copy can be sent with the grievance if appropriate.
In 2015, Acas produced a new short guide: Discrimination — what to do if it happens (www.acas.org.uk/media/pdf/i/t/Discrimination-what-to-do-if-it-happens.pdf), with guidance on special considerations where a grievance is raised about discrimination. Acas says that when handling a grievance about discrimination a manager should:
• keep an open mind remembering that what may be felt to be discriminatory can change over time and may be different from person to person;
• be respectful and empathetic, remembering that raising or witnessing discrimination can be particularly stressful or upsetting;
• investigate thoroughly and tactfully;
• conclude and/or resolve the matter, including any appeal.
The new guide contains guidance as to when a temporary transfer or suspension (see Chapter 5) may be appropriate during an investigation, cautioning that “employers should beware of transferring or adversely treating an employee who believes they have been subjected to discrimination” as this may be seen as detrimental treatment. It also includes suggestions for deciding when an informal, as opposed to a formal approach might be best, and how managers should go about an informal approach.