HR Guide - Grievance: The grievance appeal

This document does not constitute a legal opinion or legal advice and is intended to be a guide only. To ensure you follow best practice (and, if applicable, do not compromise your insurance), you should contact the Alcumus HR Consultancy team before embarking on the process and then at each subsequent stage.

Grievance: The grievance appeal

The employee is not satisfied with the outcome of their grievance and confirms this in writing, stating specifically with what they disagree.

Arrange a grievance appeal meeting

• Check your handbook to ensure you fully understand the grievance appeal process.

• Another manager, preferably senior to the first manager, should arrange a meeting

• The employee has the right to be accompanied by a work colleague or a trade union representative

• Write to the employee and schedule the meeting within the timescale outlined in the handbook and allow time for the employee to arrange to be accompanied

• If it is not possible to work within the documented timescale, ensure the employee is made aware of the reasons why

• If possible, arrange for a note taker to be available. This will ensure that you can fully concentrate on the conduct and content of the meeting

• Review all evidence, notes and letters from the original grievance investigation and meeting(s).
 

Grievance appeal meeting

• Ensure there is a comfortable, open atmosphere

• Ensure there are no interruptions

• Allow the employee to air their concerns

• This is not an opportunity for a full re-hearing of the original grievance but should focus on specific area(s) with which the employee is dissatisfied

• Ask sufficient questions to ensure a full understanding of the matters at hand

• Take notes to ensure that an accurate record of the discussions is kept

• Summarise your understanding of the issues to ensure accuracy

• Ask the employee how they would ideally like the matter resolved

• Agree next steps so the employee is clear on what is going to happen

• Agree proposed timescales.
 

Role of the companion

The companion may:

• present the employee’s case;

• discuss matters with the employee during the meeting;

• sum up for the employee; and

• respond on the employee’s behalf to any views expressed.

The companion may not answer any questions on behalf of the employee.
 

Grievance appeal outcome

• Unless previously agreed otherwise, write to the employee explaining fully your findings and the reasons for these

• In most cases, there will be no further right of appeal and the employee must be made aware of this

• If, however, your procedure does allow for a further right of appeal, follow the above guidance again

• If it has been previously agreed to communicate the outcome at a meeting, schedule this with appropriate time for the employee to arrange for a companion to attend

• Take notes of the meeting

• Follow up with confirmation of the grievance appeal outcome in writing, detailing any actions that you intend to take and confirming no further right of appeal

• Place copies of all notes, evidence gathered and letters on the employee’s personnel file.