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This document can be used by an employer in Great Britain (England, Wales or Scotland) to create a grievance procedure. This includes a set of rules and standards which must be followed when staff members wish to raise a grievance about a work situation.
A grievance procedure is a formal course of action for how an employer can deal with a grievance (work-related issue) an employee has encountered. It is important for an employer to specify in writing the identity of the person to whom the staff members should address any grievances. This information will be contained within a staff member's particulars of employment or work (this usually takes the form of a contract for work or an employment contract). It is a legal requirement to do so under the Employment Rights Act 1996. Where the employer has any further or additional steps or components within its grievances procedures, that additional information should be set out within a separate document which is reasonably accessible. This document may therefore be used to fulfil this purpose.
Furthermore, the ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standards required of employers when they are handling grievances. It is possible for any employment tribunal to penalise an employer for failing to follow the code. It is therefore important to have a proper procedure in place.
Given that the above requirements apply to both workers and employees, the employer will therefore need to consider making a policy for both groups of staff members. However, an employer will generally wish to create a separate policy document for the two types of staff members. This is because the two groups have different rights. Furthermore, there a worker may be able to argue they have the status of an employee where they are subject to the same policies and procedures as those who have employee status. More information about determining a person's employment status, and the different rights of workers and employees, may be found on the Government Website.
This procedure can be adjusted so that it provides for the specific needs and demands required by the employer. Employers may also wish to view this document in conjunction with other workplace policies and procedures such as:
How to use this document
The document should be completed with the relevant information. It is not a legal requirement for the procedure to be signed by the parties, however, some employers may elect to make this a requirement so that both parties can illustrate their commitment to the contents of the procedure.
Once the procedure has been prepared, the staff members to which it applies should be made aware of it. It should also be kept in an accessible location so that the applicable staff members have access to it at any time.
Both parties should follow the details set out within the procedure when a staff member wishes to raise a grievance. Where a staff member has raised a grievance, the employer should always ensure that the Acas Code of Practice on disciplinary and grievance procedures is followed.
Relevant Laws
The Employment Rights Act 1996
The Employment Act 2008
The Government guidance on handling an employee's grievance
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Other names for the document: Grievance procedure England, Workplace Grievance Procedure, Employee Grievance Procedure, Written Grievance Procedure, Employers Grievance Procedure
Country: United Kingdom