Establishing a grievance procedure

It is mutually beneficial if grievances are promptly and thoroughly aired. This enables potentially damaging problems to be identified and tackled, rather than being left to fester. Reps should check that:

• the grievance procedure is not unnecessarily complicated;

• it allows plenty of scope for informal resolution;

• it contains a commitment to keep proceedings confidential; and

• it states that the employee can be accompanied at meetings (see Chapter 8: The right to be accompanied).

Most large employers are likely to have put in place separate arrangements for whistleblowers and for complaints of bullying or harassment, including sexual harassment.

Sometimes (usually with a large employer) the grievance procedure will be contractual, meaning that failing to follow each stage properly will be a breach of contract.

Employers are legally obliged to provide details of the grievance procedure within two months of the employment start date (section 3, Employment Rights Act 1996 (ERA 96)). It is important that everyone knows there is a procedure and how it operates. Supervisors, managers and representatives should also be trained in the use of the procedures, as well as receiving disability and general equality awareness training.