What is a grievance? Grievances are concerns, problems or complaints that employees raise with their employers.

Anyone working in a business may, at some time, have problems or concerns about their work, working conditions or relationships with colleagues that they wish to talk about with management. They want the grievance to be addressed, and if possible, resolved. It is also clearly in management's interests to resolve problems before they can develop into major difficulties for all concerned. Issues that may cause grievances include:
y y y y y y y y

Terms and conditions of employment Health and safety Work relations Bullying and harassment New working practices Working environment Organisational change Discrimination

Grievances may occur at all levels of seniority within a business. Why have a procedure? Fairness and transparency are promoted by developing and using rules and procedures for handling grievance situations. These should be set down in writing, be specific and clear. Employees and, where appropriate, their representatives should be involved in the development of rules and procedures, so that they can be confident that the procedure will operate in a way that they accept is fair and which they understand. A written procedure can help clarify the process and help to ensure that employees are aware of their rights such as to be accompanied at grievance meetings. Training Management and employee representatives who may be involved in grievance matters should be trained for the task. They should be familiar with the provisions of the grievance procedure, and know how to conduct or represent at grievance hearings. Consideration might be given to training managers and employee representatives jointly.

Disciplinary procedure Disciplinary situations include misconduct and/or poor performance. Employers and employees should always seek to resolve disciplinary issues in the workplace. Where this is not possible employers and employees should consider using an independent third party to help resolve the problem. The third party need not come from outside the organisation but could be an internal mediator, so long as they are not involved in the disciplinary issue. In some cases, an external mediator might be appropriate. Many potential disciplinary issues can be resolved informally. A quiet word is often all that is required to resolve an issue. However, where an issue cannot be resolved informally then it may be pursued formally. In doing so, basic principles of fairness should be applied. Fairness and transparency are promoted by developing and using rules and procedures for handling disciplinary and grievance situations. These should be set down in writing, be specific and clear. Employees and, where appropriate, their representatives should be involved in the development of rules and procedures. It is also important to help employees and managers understand what the rules and procedures are, where they can be found and how they are to be used. Where some form of formal action is needed, what action is reasonable or justified will depend on all the circumstances of the particular case, but whenever a disciplinary process is being followed it is important to deal with issues fairly. There are a number of elements to this:
y y y y y y

Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions. Employers and employees should act consistently. Employers should carry out any necessary investigations, to establish the facts of the case. Employers should inform employees of the basis of the problem and give them an opportunity to put their case in response before any decisions are made. Employers should allow employees to be accompanied at any formal disciplinary meeting. Employers should allow an employee to appeal against any formal decision made.

Dismissal The law gives most employees the right not to be unfairly dismissed. You must be able to show, not only that you had good reason to dismiss your employee, but also that you acted fairly in the way in which you handled the dismissal.

Employee rights Employees are entitled to certain rights through statute. Many decisions taken during the course of business may affect these rights, and it is important to consider the implications. Rights created by statute The main statutory rights are:
y

y y y y y y y

Not to be discriminated against on the grounds of age, sex, race, disability, sexual orientation and/or religion or belief (England, Wales and Scotland) or religious belief or political opinion (Northern Ireland) To be paid the National Minimum Wage Entitlement to maternity, paternity and parental leave Not to be unfairly dismissed To be paid a redundancy payment (subject to certain conditions) To be given minimum notice when the contract of employment is terminated To be entitled to join a trade union To be given time off for ante-natal appointments

These are the main statutory rights by law. Below you will find a summary of the topics covered in this section which pertain to the legal rights related to and beyond these statutory rights. This section covers: Working time regulations The Working Time Regulations provide rights for workers ensuring that they do not have to work excessive hours and have rights to paid breaks including holidays. Discrimination If you discriminate against your employee on the grounds of age, sex, race, disability, sexual orientation and/or religion or belief (England, Wales and Scotland) or religious belief or political opinion (Northern Ireland), or trade union membership, you may be acting unlawfully. Equal pay A woman is entitled to be treated no less favourably than a man in the same employment, where she is employed on 'like work' with a man. The position is the same where the work is rated as equivalent, or the work is of equal value to that of the man in the same employment. Adoptive leave and pay Adoption leave and pay allows one member of an adoptive couple to take paid time off work when their new child starts to live with them. Maternity leave

All pregnant women have a right not to be dismissed for any reason connected with pregnancy or their maternity leave period. Paternity leave An employee is entitled to take up to two weeks' paternity leave if the employee has or expects to have responsibilities for a baby's upbringing and they otherwise meet the criteria to qualify for paternity leave. See our section on paternity leave to find out more information. Pay and time off An employer must ensure that all employees are provided with written pay statements. An employer may be required to give paid time off to employees in certain circumstances. Flexible working Part-time workers must not be treated less favourably than full-time workers unless that treatment can be objectively justified. Right to request flexible working Employees who have:
y y y

A child aged 16 or under A disabled child who is under 18 and who is in receipt of disability living allowance Or an adult who requires care have a right to request to work flexibly, and an employer must consider their requests seriously.

See the separate article on applications for flexible working for more information. Whistleblowing The Public Interest Disclosure Act 1998 (or the Public Interest Disclosure (Northern Ireland) Order 1998) protects workers (not just employees) from being victimised or dismissed for making a disclosure (often in breach of contractual terms concerning confidentiality) in certain circumstances. Working for a new owner If you sell the business and there is a new owner, it does not mean that your employee will be obliged to work for the new owner. The employee will have the right to inform you or the new owner that they object to becoming employed by the new owner. Enforcing employee rights

Employment tribunals enforce most statutory employment rights. They have jurisdiction to hear, for example, unfair dismissal and discrimination claims. Tribunals can also hear some breach of contract claims. Grievances Employment legislation requires you to indicate in employees' statements of terms and conditions to whom, and how they are to apply, if they have any grievance relating to their employment.

Employing staff Today's equality and anti-discrimination legislation creates a myriad of problems for employers who are seeking the best candidate for a job. There are also new criminal offences arising from immigration issues. Over the associated pages we set out a number of ways in which an employer can protect itself from problems arising when recruiting staff. Recruitment This section considers how to recruit the right staff whilst treating all candidates fairly and avoiding discrimination. Employment contracts Employment contracts are prepared where employers and employees decide to express the terms and conditions governing their relationship in writing rather than relying on verbal agreements. This section tells you how to provide a written statement to the employee showing their terms and conditions of service. Unusual employees This section covers employing people with criminal convictions and international students.

Flexible working

Certain employees have the right to request flexible working. If you receive such a request, you have a legal duty to give it serious consideration. However, regardless of the legal obligations, businesses are appreciating more and more how flexible working can benefit their performance, e.g. through improved staff motivation and productivity. Many employers believe that promoting flexible working makes good business sense and brings the following improvements:
y y y y y y

y y

Greater cost-effectiveness and efficiency, such as savings on overheads when employees work from home or less downtime for machinery when 24-hour shifts are worked The chance to have extended operating hours, e.g. later closing times for retailers Ability to attract a higher level of skills because the business is able to attract and retain a skilled and more diverse workforce. Also, recruitment costs are reduced More job satisfaction and better staff morale Reduced levels of sickness absence Greater continuity as staff, who might otherwise have left, are offered hours they can manage. Many employers find that a better work-life balance has a positive impact on staff retention, and on employee relations, motivation and commitment. High rates of retention means that you keep experienced staff who can often offer a better overall service Increased customer satisfaction and loyalty as a result of the above Improved competitiveness, such as being able to react to changing market conditions more effectively

Introducing a flexible working policy does not have to be difficult. However, you need to plan, implement and monitor its introduction across the business. You should inform and consult employees before you introduce it. This may help them understand how flexible working arrangements may impact on your business. When planning to implement a policy, you will need to consider the following:
y y y y y

What flexible working arrangements will suit the business? How will you deal with applications, e.g. who will attend the meetings and how will the administration work? Are there jobs that might be difficult to do under a flexible working arrangement, e.g. jobs that don't suit homeworking? If there are, what is the nature of the obstacle and can you perhaps overcome it? How flexible are your IT arrangements, e.g. can employees access their email away from the workplace?

Grievance

Grievances are concerns, problems or complaints that employees raise with their employers. Employees should aim to settle most grievances informally with their line manager. Many problems can be raised and settled during the course of everyday working relationships. This also allows for problems to be settled quickly. If it is not possible to resolve a grievance informally, employees should raise the matter formally and, without unreasonable delay, with a manager who is not the subject of the grievance. This should be done in writing and should set out the nature of the grievance. Where some form of formal action is needed, what action is reasonable or justified will depend on all the circumstances of the particular case, but whenever a grievance process is being followed, it is important to deal with issues fairly. There are a number of elements to this:
y y y y y y

Employers and employees should raise and deal with issues promptly and should not unreasonably delay meetings, decisions or confirmation of those decisions Employers and employees should act consistently Employers should carry out any necessary investigations, to establish the facts of the case Employers should give employees an opportunity to put their case before any decisions are made Employers should allow employees to be accompanied at any formal grievance meeting Employers should allow an employee to appeal against any formal decision made

Grievance procedure is a formal communication between an employee and the management designed for the settlement of a grievance. The grievance procedures differ from organization to organization. 1. Open door policy 2. Step-ladder policy Open door policy: Under this policy, the aggrieved employee is free to meet the top executives of the organization and get his grievances redressed. Such a policy works well only in small organizations. However, in bigger organizations, top management executives are usually busy with other concerned matters of the company. Moreover, it is believed that open door

policy is suitable for executives; operational employees may feel shy to go to top management. Step ladder policy: Under this policy, the aggrieved employee has to follow a step by step procedure for getting his grievance redressed. In this procedure, whenever an employee is confronted with a grievance, he presents his problem to his immediate supervisor. If the employee is not satisfied with superiors decision, then he discusses his grievance with the departmental head. The departmental head discusses the problem with joint grievance committees to find a solution. However, if the committee also fails to redress the grievance, then it may be referred to chief executive. If the chief executive also fails to redress the grievance, then such a grievance is referred to voluntary arbitration where the award of arbitrator is binding on both the parties. GRIEVANCE PROCEDURE IN INDIAN INDUSTRY The 15th session of Indian Labor Conference held in 1957 emphasized the need of an established grievance procedure for the country which would be acceptable to unions as well as to management. In the 16th session of Indian Labor Conference, a model for grievance procedure was drawn up. This model helps in creation of grievance machinery. According to it, workers representatives are to be elected for a department or their union is to nominate them. Management has to specify the persons in each department who are to be approached first and the departmental heads who are supposed to be approached in the second step. The Model Grievance Procedure specifies the details of all the steps that are to be followed while redressing grievances. These steps are: STEP 1: In the first step the grievance is to be submitted to departmental representative, who is a representative of management. He has to give his answer within 48 hours. STEP 2: If the departmental representative fails to provide a solution, the aggrieved employee can take his grievance to head of the department, who has to give his decision within 3 days. STEP 3: If the aggrieved employee is not satisfied with the decision of departmental head, he can take the grievance to Grievance Committee. The Grievance Committee makes its recommendations to the manager within 7 days in the form of a report. The final decision of the management on the report of Grievance Committee must be communicated to the aggrieved employee within three days of the receipt of report. An appeal for revision of final decision can be made by the worker if he is not satisfied with it. The management must communicate its decision to the worker within 7 days.

STEP 4: If the grievance still remains unsettled, the case may be referred to voluntary arbitration.

Modified grievance procedure - how much detail needs to be included?

May 2007 - Employment. Legal Developments by Clifford Chance.

More articles by this firm. Part 2 of Schedule 2 to the Employment Act 2002 sets out the standard form and modified grievance procedures. The standard grievance procedure involves three steps, the first of which is that the employee must submit a written grievance to the employer. The employee is not,

however, required to inform the employer of the basis for the grievance as part of step one but must do so, although not necessarily in writing, before the step two meeting takes place. Modified grievance procedure The modified grievance procedure is comprised of two steps: step one requires the employee to set out in writing not only the grievance but also the basis for it and to send the statement to the employer. At step two the employer responds in writing to the employee. The modified grievance procedure may only be pursued if the employment has ended and the parties have agreed in writing that the modified grievance procedure should apply (see Regulation 6(3) of the Employment Act 2002 (Dispute Resolution) Regulations 2004). Section 32 of the Employment Act 2002 provides that where a statutory grievance procedure applies a claim will be inadmissible at the employment tribunal unless the employee has complied with step one of the applicable procedure. So where a modified grievance procedure applies and an employee has failed to set out the basis of the grievance, the employee will be precluded from lodging an ET1. If, however, the standard grievance procedure applied then the failure to set out the basis of the complaint in the step one letter would not bar the employee from bringing proceedings, as long as the basis for the grievance was outlined before the step two meeting takes place. Necessary details The question of what an employee must include in their letter in order to satisfy step one of the modified grievance procedure was examined by the Employment Appeal Tribunal (EAT) in the context of an equal pay claim brought by P (City of Bradford Metropolitan District Council v Pratt). P wrote a letter to her employer describing it as her statement of grievance and complaining that she had been paid less than male council employees whose work was of equal value to hers. She did not specify the type of work or grade of her preferred comparator. She was offered the opportunity to follow the modified grievance procedure. Her employer then wrote to her asking for additional information in relation to the complaint to which she responded with a further letter saying that she was comparing herself to theatre day men' on a higher grade than her. Subsequently, P presented her equal pay claim to the employment tribunal citing different comparators to those named in her correspondence. At first instance the employment tribunal found that there was enough information in P's letter to inform her employer of her complaint against it under the Equal Pay Act 1970 and that step one of the modified grievance procedure had been complied with. On appeal, however, the EAT observed that the requirement of the standard grievance procedure that the grievance should be set out in writing has been construed to be minimal. See, for example, Canary Wharf Management Ltd v Edebi where it was held that step one of the standard grievance procedure procedure is met if the employer, on a fair reading of the statement and having regard to the context in which it was made, should be expected to appreciate that the relevant complaint was being raised. In the EAT's opinion something additional was required to satisfy the modified

grievance procedure as the statutory requirement was to set out not only the complaint but the basis for it. Because the modified grievance procedure applies after employment has ended, the employer must be given the opportunity to respond in writing to a complaint and must therefore understand fully the basis of the complaint. Accordingly, an employee must set out not only the grievance but also the essential reasons why they hold that grievance in sufficient detail to allow the employer to respond. The EAT acknowledged that the amount of detail would depend on the nature of the grievance. For example, if the complaint was one of harassment the employee will know as much as, or more than, the employer and should set out the significant matters that the employer should investigate without necessarily mentioning every detail. In other situations, the employee may have formed a grievance based on a suspicion. In such cases it would be sufficient if they identified in reasonable detail the reasons for holding such suspicions. Detailed evidence, such as witness statements, would not be required. The EAT added that a tribunal will not necessarily expect the basis for the grievance to be as detailed as the subsequent claim form. However, the tribunal will have to consider whether the claim is sufficiently related to the grievance and vice versa. Conclusion On the facts, the EAT held that P's letter would have complied with step one of the standard grievance procedure, because it did not set out the basis for the grievance. However, it did not satisfy step one of the modified grievance procedure as it did not specify the type of work and type of male colleagues she was comparing herself to and the type of additional payment she was claiming. Without this additional information her employer was unable to respond to her grievance. The tribunal accordingly had no jurisdiction to hear her claim. The EAT reached its decision with great reluctance in this case. An employer who receives a written grievance under the modified grievance procedure would be advised to seek clarification where any area is unclear with a view to resolving matters without resorting to litigation rather than subsequently seeking to exclude the claim on a technicality. That option should perhaps be used as a last resort

Employee Grievances and Discipline

Introduction

Every employee has certain expectations, which he thinks must be fulfilled by the organization he is working for. When the organization fails to do this, he develops a feeling of discontent or dissatisfaction. When an employee feels that something is unfair in the organization, he is said to have a grievance. According to Julius, a grievance is any discontent or dissatisfaction, whether expressed or not, whether valid or not, arising out of anything connected with the company which an employee thinks, believes or, even feels to be unfair, unjust or inequitable.

Features

If we analyze this definition, some noticeable features emerge clearly: (a) A grievance refers to any form of discontent or dissatisfaction with any aspect of the organization. The dissatisfaction must arise out of employment and not due to personal or family problems. The discontent can arise out of real or imaginary reasons. When the employee feels that injustice has been done to him, he has a grievance. The reasons for such a feeling may be valid or invalid, legitimate or irrational, justifiable or ridiculous. The discontent may be voiced or unvoiced. But it must find expression in some form. However, discontent per se is not a grievance. Initially, the employee may complain orally or in writing. If this is not looked into promptly, the employee feels a sense of lack of justice. Now the discontent grows and takes the shape of a grievance. Broadly speaking, thus, a grievance is traceable to perceived non-fulfillment of one s expectations from the organization.

(b)

(c)

(d)

(e)

Forms of Grievances

A grievance may take any one of the following forms: (a) factual, (b) imaginary, (c) disguised.

(a)

Factual: A factual grievance arises when legitimate needs of employees remain unfulfilled, e.g., wage hike has been agreed but not implemented citing various reasons. Imaginary: When an employee s dissatisfaction is not because of any valid reason but because of a wrong perception, wrong attitude or wrong information he has. Such a situation may create an imaginary grievance. Though management is not at fault in such instances, still it has to clear the fog immediately. Disguised: An employee may have dissatisfaction for reasons that are unknown to himself. If he/she is under pressure from family, friends, relatives, neighbors, he/she may reach the work spot with a heavy heart. If a new recruit gets a new table and cupboard this may become an eyesore to other employees who have not been treated likewise previously.

(b)

(c)

Causes

Grievances may occur for a number of reasons: (a) Economic: Wage fixation, overtime, bonus, wage revision, etc. Employees may feel that they are paid less when compared to others. Work environment: Poor physical conditions of workplace, tight production norms, defective tools and equipment, poor quality of materials, unfair rules, lack of recognition, etc. Supervision: Relates to the attitudes of the supervisor towards the employee such as perceived notions of bias, favoritism, nepotism, caste affiliations, regional feelings, etc. Work group: Employee is unable to adjust with his colleagues; suffers from feelings of neglect, victimization and becomes an object of ridicule and humiliation, etc. Miscellaneous: These include issues relating to certain violations in respect of promotions, safety methods, transfer, disciplinary rules, fines, granting leave, medical facilities, etc.

(b)

(c)

(d)

(e)

Advantages of having a grievance handling procedure

The following are some of the distinct advantages of having a grievances handling procedure:

(a)

The management can know the employees feelings and opinions about the company s policies and practices. It can feel the pulse of the employees. With the existence of a grievance handling procedure, the employee gets a chance to ventilate his feelings. He can blow off his steam through an official channel. Certain problems of workers cannot be solved by first line supervisors, for these supervisors lack the expertise that the top management has, by virtue of their professional knowledge and experience. It keeps a check on the supervisor s attitude and behavior towards their subordinates. They are compelled to listen to subordinates patiently and sympathetically. The morale of the employees will be high with the existence of proper grievance handling procedure. Employees can get their grievances redressed in a just manner.

(b)

(c)

(d)

The Discovery of Grievances

Grievances can be uncovered in a number of ways. Gossip and grapevine offer vital clues about employee grievances. Gripe boxes, open door policies periodic interviews, exit surveys could also be undertaken to uncover the mystery surrounding grievances. These methods are discussed below:

(a)

Observation: A manager/supervisor can usually track the behaviors of people working under him. If a particular employee is not getting along with people, spoiling materials due to carelessness or recklessness, showing indifference to commands, reporting late for work or is remaining absent the signals are fairly obvious. Since the supervisor is close to the scene of action, he can always find out such unusual behaviors and report promptly.

(b)

Grievance procedure: A systematic grievance procedure is the best means to highlight employee dissatisfaction at various levels. Management, to this end, must encourage employees to use it whenever they have anything to say. In the absence of such a procedure, grievances pile up and burst up in violent forms at a future date. By that time things might have taken an ugly shape altogether, impairing cordial relations between labor and management. If management fails to induce employees to express their grievances, unions will take over and emerge as powerful bargaining representatives. Gripe boxes: A gripe box may be kept at prominent locations in the factory for lodging anonymous complaints pertaining to any aspect relating to work. Since the complainant need not reveal his identity, he can express his feelings of injustice or discontent frankly and without any fear of victimization. Open door policy: This is a kind of walk-in-meeting with the manager when the employee can express his feelings openly about any work-related grievance. The manager can crosscheck the details of the complaint through various means at his disposal. Exit interview: Employees usually leave their current jobs due to dissatisfaction or better prospects outside. If the manager tries sincerely through an exit interview, he might be able to find out the real reasons why X is leaving the organization. To elicit valuable information, the manager must encourage the employee to give a correct picture so as to rectify the mistakes promptly. If the employee is not providing fearless answers, he may be given a questionnaire to fill up and post the same after getting all his dues cleared from the organization where he is currently employed. Opinion surveys: Surveys may be conducted periodically to elicit the opinions of employees about the organization and its policies.

(c)

(d)

(e)

(f)

It is better to use as many channels as possible, if the intention is to uncover the truth behind the curtain.

Employee Grievance - Effective Ways of Handling Grievance

Grievance may be any genuine or imaginary feeling of dissatisfaction or injustice which an employee experiences about his job and its nature, about the management policies and procedures. It must be expressed by the employee and brought to the notice of the management and the organization. Grievances take the form of collective disputes when they are not resolved.

Also they will then lower the morale and efficiency of the employees. Unattended grievances result in frustration, dissatisfaction, low productivity, lack of interest in work, absenteeism, etc. In short, grievance arises when employees expectations are not fulfilled from the organization as a result of which a feeling of discontentment and dissatisfaction arises. This dissatisfaction must crop up from employment issues and not from personal issues. Grievance may result from the following factorsa. Improper working conditions such as strict production standards, unsafe workplace, bad relation with managers, etc. b. Irrational management policies such as overtime, transfers, demotions, inappropriate salary structure, etc. c. Violation of organizational rules and practices The manager should immediately identify all grievances and must take appropriate steps to eliminate the causes of such grievances so that the employees remain loyal and committed to their work. Effective grievance management is an essential part of personnel management. The managers should adopt the following approach to manage grievance effectively1. Quick action- As soon as the grievance arises, it should be identified and resolved. Training must be given to the managers to effectively and timely manage a grievance. This will lower the detrimental effects of grievance on the employees and their performance. 2. Acknowledging grievance- The manager must acknowledge the grievance put forward by the employee as manifestation of true and real feelings of the employees. Acknowledgement by the manager implies that the manager is eager to look into the complaint impartially and without any bias. This will create a conducive work environment with instances of grievance reduced. 3. Gathering facts- The managers should gather appropriate and sufficient facts explaining the grievances nature. A record of such facts must be maintained so that these can be used in later stage of grievance redressal. 4. Examining the causes of grievance- The actual cause of grievance should be identified. Accordingly remedial actions should be taken to prevent repetition of the grievance. 5. Decisioning- After identifying the causes of grievance, alternative course of actions should be thought of to manage the grievance. The effect of each course of action on the existing and future management policies and procedure should be analyzed and accordingly decision should be taken by the manager. 6. Execution and review- The manager should execute the decision quickly, ignoring the fact, that it may or may not hurt the employees concerned. After implementing the decision, a follow-up must be there to ensure that the grievance has been resolved completely and adequately. An effective grievance procedure ensures an amiable work environment because it redresses the grievance to mutual satisfaction of both the employees and the managers. It also helps the management to frame policies and procedures acceptable to the employees. It becomes an

effective medium for the employees to express t feelings, discontent and dissatisfaction openly and formally.