How can I try to prevent a personal grievance being raised against me?
As an employer it is very important to follow the correct processes to try to prevent a personal grievance being raised against you. This is especially so when dismissing an employee or undertaking a disciplinary process.
An employee can raise a personal grievance if they feel they have been treated unfairly or unreasonably. For example, if an employee thinks they have been unfairly dismissed or unjustifiably disadvantaged by their employer.
Personal grievances handled incorrectly can result in significant costs for an employer. It is therefore important to know your obligations and to take steps to prevent such grievances.
Employers have an obligation to act fairly and reasonably. This obligation is really important when an employer undertakes a disciplinary and/or dismissal process, as the employee will feel under real threat at those times, and potentially likely to challenge what has happened and how processes were conducted.
When undertaking these processes, it is vital to first look at the employee’s employment agreement. It is likely that the agreement will provide specific steps to take during a disciplinary procedure. If that is so, an employer is required to follow those steps otherwise they will have breached the employment agreement.
You should also be sure to communicate with the employee. This is important in all contexts. For example, you should communicate with the employee even if their misconduct was minor. Though this can be informal, it ensures the employee is aware of your expectations.
Having a discussion with the employee may also get ahead of the problem and resolve it short of a personal grievance. Make sure that you have a relevant person with you in the discussion who can confirm what took place if needed, and ask them to record a note of what happened that can be referred to later.
The employee must also be fully informed if any disciplinary process is being undertaken and they should be aware of its potential outcomes. This includes being informed of any complaints or investigations against them.
Employees must also be allowed to have their say throughout any process and be given a chance to explain their side of the story. An employee must also be informed they are allowed a support representative at any formal meetings with the employer.
During any of these processes a decision must not be made until all factors are considered. This requires a genuine investigation into any alleged behaviour by the employee, as well as any evidence from the employee themselves.
A few extra tips include remaining calm and polite, even when a personal grievance is being raised by an employee. Escalating the situation risks making matters worse.
It is absolutely vital not to take short-cuts throughout this process. Personal grievances can result in large costs for an employer who gets the process wrong, even if the employee’s behaviour was serious. The employment landscape is literally littered with employers who reasonably had problems with an employee but got key elements of the processes wrong.
It is recommended to implement clear and effective procedures before those processes are required. This ensures that there is a step-by-step process to follow and there are likely to be less issues during the process.
It is also recommended to keep a record of any serious interactions or conversations with employees, and that all paperwork is accurate and well organised. These documents will likely be required if a personal grievance is eventually raised against you.
Being able to refer the employee to them might show them that the correct processes have been followed, and avoid a personal grievance being raised at all.