The grievance hearing and decision

Many of the points raised in relation to disciplinary hearings and decisions 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 has been 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 not subject to interruptions;

• the employee may want to ask colleagues if they would be happy to come to the grievance meeting as witnesses. It is a good idea to approach colleagues for a written statement before the formal grievance has been lodged if possible. The member should never pressurise unwilling colleagues to participate in the grievance process, not least since this could lead to allegations of harassment and disciplinary action;

• the employee must be given sufficient time and encouragement to explain their 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 give careful consideration to the information provided 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 raised; and

• the employer must give the employee sufficient information about how, and to whom, they can appeal.

At the hearing the rep should encourage the worker to provide as much detailed evidence as possible of the impact on them of the treatment they have experienced. It is also advisable for the employee and/or their representative to take their own notes of proceedings (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.