The grievance procedure is one of those all-important procedures and documents that must be given to all employees at induction. If the company does not have a grievance procedure, it is suggested that the same be distributed to the employees asking for their comments and to thereafter finalise a document. This procedure creates an outlet for any employee complaints that might have arisen and helps the company avoid allegations at a later date, such as discrimination or victimisation.

How to Follow a Formal Grievance Procedure

A grievance procedure is a formal process that allows employees to voice concerns regarding work conditions, health and safety, unfair treatment, or workplace conflict. To ensure compliance with employment law and promote fairness, employers and the HR department should provide a clearly outlined grievance policy to all staff.

The first step typically starts when an employee can raise a concern either informally with their line manager or formally by submitting a grievance form. Where possible, it’s good practice to try to resolve the issue informally first.

If the matter escalates, the HR department should assign an impartial person, often a mediator or another manager not involved in the issue, to investigate the formal complaint. In unionized workplaces, a union representative may be present throughout the process.

Using a fair procedure is key. The process must be consistent with the company’s disciplinary and grievance procedures. A record of all actions and outcomes should be maintained to demonstrate transparency and adherence to best practices.

Understanding the Employee Grievance Process

A formal workplace grievance process is critical to ensure that workplace concerns are handled fairly and consistently. Whether the employee files a complaint personally or a trade union representative raises it on behalf of the employee, the procedure is a formal way to resolve conflicts and promote transparency.

Here are the typical grievance procedure steps:

Step 1: Raise a complaint: The employee and employer should first attempt an informal resolution, where appropriate.

Step 2: File a grievance: If the issue persists, a written grievance should be submitted, outlining all details of the grievance.

Step 3: Investigate: A manager or someone from HR should gather relevant information and assess the situation.

Step 4: Meeting: The employee and any parties involved in the grievance process attend a meeting to discuss the matter.

Step 5: Outcome: After reviewing the evidence, the employer must reach a fair conclusion and let the employee know the outcome in writing.

If the employee is unsatisfied, they have the right to appeal. The employee can appeal to another manager or panel not previously involved, ensuring an impartial review.

A mediator may be called if both parties agree that a neutral third party could find a solution. In unionized environments, grievance handling may follow a collective bargaining agreement alongside internal policy.

Download Grievance Form Template

Grievance Policies and Labour Law

Having a fair grievance procedure is not just best practice, it’s a requirement under the ACAS Code of Practice and key to staying compliant with labour law. Every formal workplace should have a procedure in place to guide how grievances are filed, investigated, and resolved.

The employee has the right to raise a grievance about issues like unfair treatment, terms and conditions, or unsafe environments. These should be raised first with a manager or supervisor and escalated if needed. Whether raised by an individual or under a collective bargaining agreement, HR must ensure that all steps are clear and just.

The role of HR is to:

  • Provide access to the employee handbook detailing the grievance process.
  • Support the employee in raising and resolving complaints.
  • Keep a record of all grievance communications and actions taken.
  • Ensure that the information gathered during the process is accurate, relevant, and confidential.
  • Apply the practice of disciplinary and grievance procedures consistently.

If a resolution is not achieved, the grievance procedure may lead to an appeal. In more complex cases, a mediation may be needed to help the parties find a solution and restore workplace harmony.

Need Help Drafting or Reviewing Your Grievance Procedure?

Contact us today to ensure your workplace policies are compliant, fair, and aligned with the latest labour law standards. Whether you’re setting up a new procedure or handling a complex grievance, Cape Labour is here to support your HR team every step of the way.

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