Keeping and monitoring records
[ch 11: page 78]It is important to keep records of grievance procedures. These should include:
• the type of grievance;
• the written grievance text;
• the employer’s response;
• action taken or reasons for not taking action;
• whether an appeal was lodged and, if so, its outcome; and
• any subsequent developments.
The employer should provide copies of meeting records. It is important that employees’ confidentiality is protected, but it is also vital that reps have access to information (anonymised, if necessary) on the number and nature of grievances at work.
If records show that some groups of employees bring more grievances than others, this can be brought up as a collective issue (see Chapter 13: Organising). It may also reveal possible management bias in the treatment of grievances raised by particular sections of the workforce.
It is always unlawful discrimination to dismiss someone for lodging genuinely held grievances alleging discrimination (Woodhouse v North West Homes Leeds Limited [2013] UKEAT0007/12/056). The only exception is where there is clear evidence of bad faith (Ngwenya v Cardinal Newman Catholic Secondary School UKEAT/0308/14/RN).