TOP TIPS: HANDLING WORKPLACE GRIEVANCES
Grievances are not to be underestimated. Employee grievances predominantly relate to two things: relationship breakdowns or allegations of bullying and harassment. By the time you get to a formal grievance, the team relationship has already been significantly impacted and matters may already have broken down beyond repair. We have set out our top tips to help employers from falling into the potential pitfalls when it comes to managing grievances.
1. Setting your foundation
While easier said than done, the easiest way to manage a grievance is to prevent one. Equipping managers to spot and proactively manage issues informally at the time is a surefire way to reduce complaints. Patterns like recurrent short term absence can be great indicators of underlying discontent, and a manager who can spot this will dramatically improve the chance of early intervention, hopefully keeping employees in work.
2. Document your informal resolutions
Grievances often come down to how reasonably people are behaving. Where managers have tried to resolve issues informally, keep a note – even if it is just an email between the manager and HR. Should things escalate, this will be great contemporary evidence of the attempts made to resolve matters, and what worked (or didn’t).
3. Delay and pay
Delays in grievances mean that the complaint situation festers, impacting retention, productivity and culture on site. There will be better odds for finding a working resolution (and returning to business as usual) where grievances are managed as swiftly as possible.
“A clear outcome is the best chance at engagement from the complainant, and in the worst case scenario, it is also the key to credible evidence in Tribunal. A good outcome explains what decision was reached – a great outcome will explain why the chair reached it…
4. Make a call on your witness evidence
Allegations of harassment and bullying often come down to accounts of “he said, she said” – so how can you reach a finding? Look at the credibility of the evidence before you. Has a witness got a reason to be untruthful? Has a witness been caught out elsewhere for being inaccurate in what they recall? Its important that all factors are considered when weighing up whose account is preferred. That reasoning should be documented in an investigation pack.
5. Creative solutions
If we are dealing with a potential breakdown of relationships, employers will need to show what resolutions they offered. Mediation may do the trick, but this is a great opportunity to think outside the box. Can we offer coaching, development training, personality assessments? Could we agree a working charter to help govern the basis of a rebuilt relationship? Can we redesign the office layout to mitigate any pressure points between parties? Solutions should be fact specific and consider the impact on all involved.
6. Clear outcomes
A clear outcome is the best chance at engagement from the complainant, and in the worst case scenario, it is also the key to credible evidence in Tribunal. A good outcome explains what decision was reached – a great outcome will explain why the chair reached it, balancing all the different factors and evidence.
If you have any questions about a tricky grievance or employee concern, let us know.
