Many organisations have experienced an increase in workplace conflict in recent years with employees more readily using internal grievance procedures.
The ACAS Code of Practice on Disciplinary and Grievance Procedures (ACAS code) defines grievances as "concerns, problems or complaints that employees raise with their employers".
Until April 2009, a statutory procedure was in place, ensuring that an employee could not generally bring a claim in the tribunal unless they had first set out their grievance to their employer. The procedure was aimed at ensuring that workplace disputes had the opportunity to be resolved before resorting to the tribunal process.
While the statutory procedure has since been repealed, it remains important for both employees and employers to follow the ACAS code. Failure to do so can impact compensation in any subsequent tribunal complaint by up to 25%. Further, effectively dealing with grievances in the workplace can not only avert tribunal complaints, but also promote good industrial relations.
In accordance with the ACAS code, if a grievance can't be resolved informally, the employee should raise it in writing. Thereafter, the employee should be invited to a meeting (at which they have the right to be accompanied) to explain the grievance and their preferred outcome, the matter should be investigated if required and the outcome should be communicated to the employee in writing, all without unreasonable delay. That communication should include, where appropriate, details of any action to be taken to resolve the grievance and the employee's right of appeal.
As a matter of best practice, employers are advised to bear in mind the ACAS code in dealing with disputes in the workplace, have in place robust and detailed grievance procedures and train line managers to deal with conflict.