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The Grievance Letter Template Aid assists you in writing a letter of grievance to your employer’s HR Department. All employers whatever their size should have a formal grievance procedure for resolving workplace issues; a complaint of bullying should be dealt with like any other grievance. All employers should have a bullying policy in place to deal with any workplace bullying. As set out above, the concept of bullying is not easy to pin down. A grievance is generally a complaint about rights/entitlements although a ‘one-off’ incident of ‘bullying’ can come under this definition as it is not repeated. Where an employee raises issues orally they should be directed to the grievance procedure and encouraged to bring a complaint formally, if they feel the matter is serious enough to warrant such action. Do put in place a bullying policy if you don’t already have one. Bullying and harassment are not only unacceptable on moral grounds but In our experience, most grievances are appealed. This practical guide is all about constructive dismissal - what it means, case examples and the core elements... You have entered an incorrect email address! Is productivity low or performance poor, how good is morale, what are employee relations like? When you give it to your employer it should start a formal procedure, in which your employer: Ignoring allegations of bullying and failing to deal with underlying issues could lead to legal liability for an employer later down the line in the shape of unfair dismissal, discrimination and harassment or even personal injury claims (where the bullying results in illness). Vicarious liability for data protection breaches, Five things we learnt in Employment Law this week (2 February 2018). While not everyone will be brave enough to make a complaint, evidence collected during the employer’s investigation into the grievance could suggest a “bullying culture” which goes far wider than just one individual. Not only can this set the tone by including policy statements from senior managers that bullying will not be tolerated, it will also help educate the rest of the workforce – if properly implemented and followed up with training – and be an invaluable tool for those dealing with grievances and disciplinaries in the future. I have written a Grievance Letter Template Aid, which is available on this web site for only £12. If you propose to complain to your employer about bullying, your complaint must identify the acts you're complaining about, who did … The types of behaviour which might indicate bullying are exclusion from meetings or social events, overbearing supervision, deliberately undermining a competent worker by constant criticism, spreading malicious rumours, insulting someone, unrelenting teasing or banter and other abuse/misuse of power. A new proposal, as part of the Government’s response to a parliamentary inquiry into the use of non-disclosure agreements (NDAs) in discrimination cases, means employers would be obliged to provide at least a basic reference for former employees. Life-changing decisions If you and your employer cannot reach agreement, you may feel that it would be unsafe to continue to work in the environment that both caused your health to suffer and resulted in a formal grievance process in the first place. Once the grievance meeting is concluded, the employer should communicate its decision in writing. The first step in changing workplace culture to ensure that there is zero tolerance to bullying is to implement a bullying policy. Keeping a record The case: An employee has raised a grievance against her line manager, alleging that he has been bullying her for a number of months. Grievance Policy: Early Resolution individual grievance outcome letter or collective grievance outcome letter. Don’t ignore a complaint which isn’t made in writing. An employee cannot get redress from an employment tribunal or Court simply for “bullying”, the law does not recognise such a claim. low work morale. During our involvement it became clear that the client had no policies or procedures in place for dealing with these types of complex situations.  They subsequently subscribed to our monthly Premier Plus HR support package which includes, amongst many other things, email and telephone support from a dedicated named adviser, HR & Employment Law updates and access to an array of HR documents (including policies, letters and how to guides) via our online members only on-line portal. The employer should tell the employee of … Testimony from caller diagnosed with Work Related Stress: dated July 2018: Just a quick email to say thank you for your advice and support and offer of help with grievance etc when I phoned the bullying helpline recently. The Outcome The advice and support provided to the business by JS HR Support gave the managing director confidence in handling the situation. The Grievance, Harassment and Bullying …  The disagreement was never dealt with and was left to fester over a period of time. Your letter of grievance for bullying and harassment needs to provide facts and information germane to your grievances to your employer’s Human Resources Department for bullying and/or harassment. Don’t forget to follow the best practice recommendations of the Acas Code. It helps if you have an indicative (but non-exhaustive) definition in a bullying policy but not all employers, particularly small employers, will have such a policy. When an employee raises a grievance, it is often about another employee. The decision should be given without unreasonable delay. "I would expect what anyone else would expect – an apology (an admission of wrong-doing), and any disciplinary action that would be taken for bullying – as is outlined vaguely in the hand-book." gossip. employment relations issues – such as discipline and grievance handling, preventing discrimination and communicating effectively in workplaces. were also present. These factors could all be indicative of a problem, of which the employer will now be on notice. It is a common fear that putting too much in a grievance response could give the complainant an opportunity to pull the details apart. If the grievance involved allegations against a particular individual, for example the employee's line manager, the appropriate outcome may be to commence disciplinary proceedings against that individual. It is therefore particularly important that where such a complaint is made the employer deals effectively with it. Most employees either suffer in silence or resign, unaware of the channels available to overcome an abusive boss, manager, subordinate, or colleague. The advice and support provided to the business by JS HR Support gave the managing director confidence in handling the situation. Grievance Outcome FAQs. The minutes were taken by and a representative from Human Resources was present to support proceedings. Don’t forget that bullying is different from unlawful harassment, even though there may be some overlap. So, for example, if your procedure states that the employee will be invited to a meeting to discuss their grievance within 7 days, make sure you meet that deadline. My GP was concerned about my failing health, brought on by the hostile environment my current manager has created for me. It was claimed that her employer failed to make reasonable adjustments for her disability and didn’t understand or investigate her grievances. Grievance letters about discrimination. the bullying manager has lots of friends in HR and management and will blacken the target's reputation before grievance procedures begin most bullies will successfully lie, cheat and deceive their way through grievance the bully will make sure the grievance lasts as long a possible (eg a year or more) But that doesn't mean you should allow bullying or harassment. In addition productivity had also dropped due how bad the situation had become. Of course in a small business it’s likely that this just wouldn’t be possible. All employers whatever their size should have a formal grievance procedure for resolving workplace issues; a complaint of bullying should be dealt with like any other grievance. Do follow your own grievance procedure: sounds obvious but it’s amazing how many employers don’t! It may be that they simply want their issue to be taken seriously and the process of hearing their grievance is just that. Also, that employees understand what bullying is so they know what sort of behaviour is unacceptable in the workplace. In some circumstances, where an allegation of bullying has been made a protected characteristic will also be relevant. The Grievance outcome process should address any concerns that the employer has in this respect, without the need for formal disciplinary action. As part of the procedure for dealing with a complaint of bullying or harassment, the employer should ask the complainant what action they would like to see taken to resolve the situation. Full notes should be kept. What does someone mean when they say they are “being bullied”? It’s something which is very much in the eye of the beholder – one person’s robust management style is another’s bullying and the employer faces the unenviable task of adjudicating where the line between acceptable and unacceptable behaviour lies. Grievance outcome stage. As you will be aware, our client commenced full time employment with the company in [March 2012] in the role of Sales Executive. After following a fair grievance procedure, the employer should decide on the best outcome based on: the findings from meetings and investigations. The sixty-four-thousand-dollar question: How does an employer uphold a complaint of bullying or discrimination without risking further exposure to a related Employment Tribunal claim? Grievance appeal letter: Discrimination, bullying and constructive dismissal Our client raised a grievance against her employer for bullying and discrimination and wasn’t happy with the outcome. Look at staff turn-over and absence records for the relevant team/department. If the grievance uncovers failings in the employer's procedures, policies or practices, the employer should ensure that it rectifies the issue as soon as possible. This website uses cookies to improve your experience. Do understand what bullying is and how your organisation defines it. RE: GRIEVANCE. The Acas code sets out the key requirements of any fair grievance procedure. Save my name, email, and website in this browser for the next time I comment. If employee’s grievance has been upheld, consider if the perpetrator(s) may have bullied others? We'll assume you're ok with this, but you can opt-out if you wish. A failure to do so could be a breach of trust and confidence by the employer which entitles the employee to resign and claim constructive dismissal. Bullying can be hard to recognise because it is often not done obviously and may be insidious, perpetrated over a period of time, or simply a one-off incident. However, if issues raised are less serious and/or the employer and employee are agreed that the informal route is preferable the employer should act promptly to take such action. Failure to do so could result in any compensation awarded by a tribunal in related tribunal claim to be increased by 25%. Bullying grievances. I am writing to confirm the outcome of the formal grievance hearing held on . Do consider whether this individual case points to a wider problem. You must have a zero tolerance policy. It could be an allegation of bullying by a line manager, about their behaviour as an individual rather than their actions on behalf of the employer, ... Disciplinary proceedings are not the only potential outcome. I advised her that as a company have to look at this objectively so disciplinary action in any form is not a guaranteed outcome. PROTECTION AGAINST EMPLOYMENT TRIBUNAL CLAIMS, HR OUTSOURCING CAN LEAD TO INCREASED PROFITIBILITY, HR Outsourcing can lead to Increased Profitability. When distilled down, it seems that the essence of the definition of bullying is some sort of unwelcome or unwarranted behaviour which has a detrimental effect on the recipient. At the hearing you were accompanied by , the meeting was chaired by . If they do not, then the grievance procedure should be used. They hold no real weight in a grievance letter, because an employer cannot act on your opinion without knowing the underlying facts. Grievance Version 2.0 Page 2 of 17 Management Statement The Grievance, Harassment and Bullying Policy and Procedure (the ‘Grievance Policy’) has been agreed with the Trade Union Side and complies with statutory legislation. You should:-start by setting out that you would like to lodge a formal grievance; set out the circumstances in chronological order (for example, bullying, or discrimination), which has led you to write the grievance. a bullying bullying. If appropriate, the complainant should be given the option of attempting to resolve the issue informally, rather than proceeding straight to a formal grievance procedure. As is invariably the case in respect of grievances that include complaints of bullying, harassment and discrimination, the employer is caught between the devil and the deep blue sea in this regard. It will be less easy to discipline someone following a complaint of bullying if there is no policy and they can say they did not know that their conduct was unacceptable. They were extremely concerned as threats of bullying can be extremely destructive and damaging for a business, not to mention very costly if not handled correctly. Harassment is essentially bullying that involves an element of ‘discrimination’ (i.e. Put in a grievance complaint against manager. Bullies rarely have just one victim. The grievance was subsequently resolved, both employees continue to work at the business and all problems put behind them. This practical guide about settlement agreements is for employees and employers. You likewise get a feeling of what information you do not need to include. what is fair and reasonable. JS HR Support advised our client on the correct grievance process to follow.  Having determined that a formal grievance process was necessary, JS HR Support advised and supported them with all of the compliant documentation required and assisted the managing director with meetings on-site. In its guide for managers and employers: bullying and harassment at work, Acas characterises bullying as “…offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, denigrate or injure the recipient.” Elsewhere on its website, Acas says that bullying means: “unwanted behaviour that makes someone feel intimidated, degraded, humiliated or offended”. However, where appropriate, it can be a good idea for the employer to talk privately with any staff involved in the grievance. It may be carried out by one person or a group, be either face-to-face, by phone or through written or electronic communications (so called “cyber-bullying”). The Grievance Letter Template Aid for £12 assists you in formultating your grievances to the legal wording of the law i.e The Equality Act 2010 and HSAWA 1974. If they are simply raising a grievance but they do not know what possible outcomes there can be then you may actually be aggreivating them further by insisting that they state an outcome. grievance outcome letter bullying workplace template By using a design template, you get a sensation of what details to consist of in your resume and the way to organize it. Our client is a specialist medical consultancy, with 30 employees. It's inevitable that members of staff in your workplace just won't get on. A grievance refers to a problem, concern or complaint that an employee raises with you, often through a grievance letter (although sometimes it might be raised verbally), such as a health and safety concern or an allegation of bullying. Letter confirming outcome of grievance hearing Add/delete information in brackets as appropriate [add date] Private and confidential [add address] Dear [add name] Further to your grievance hearing on [add date], I write to summarise our discussion and confirm my … The Bullying and Harassment Policy should be used if there is an interpersonal difficulty. Complaints concerning discrimination, bullying or harassment should be raised in accordance with the Harassment Policy. Often staff will not feel confident raising a bullying complaint, particularly if the alleged bully is a manager. Usually, the grievance is lodged with HR or your line manager (unless your line manager is the bully, in which case, if possible, you should lodge it with someone more senior). The employee should keep the pressure up. His behaviour is such that i can't stomach working for him again if anything but his dismissal is the o These are: a written complaint from an employee setting out the nature of their grievance, a formal meeting to allow the employee to explain their grievance and how they think it should be resolved, a right to be accompanied at that meeting by a work colleague or trade union representative, a prompt and objective investigation by the employer and a right to appeal any decision which conducted by an impartial manager. Right of appeal to the decision to the grievance. The client contacted JS HR Support immediately as they didn’t know how to deal with the sensitive situation. While the definition of harassment under the Equality Act 2010 looks similar, to successfully bring such a claim the unwanted conduct must be related to age, discrimination, gender reassignment, race, religion or belief, sex or sexual orientation. The first rule of the grievance outcome letter: provide reasons for any findings, backed up by evidence. However, this will not always be the case and there is no need to show a relationship between the bullying behaviour and a protected characteristic for the employer to take action. Learn how your comment data is processed. If the grievance is about bullying and harassment, or other relationship difficulties, in a larger business one option for resolving it might be to move someone on a permanent basis to a new role, another department, another line manager or another office. It’s an easy word for an employee to throw out in the heat of the moment, “she’s bullying me” but what does that involve and is it actually malicious conduct or just a legitimate attempt to manage a difficult individual? The grievance was subsequently resolved, both employees continue to work at the business and all problems put behind them.  The client was happy that normal service had resumed and productivity was on the rise. While most people will agree what constitutes bullying in extreme cases, there is a grey area in the middle which may cause more debate. While an employee may wish to resolve a matter informally this often won’t be appropriate for such a serious matter. The grievance outcome and details must remain confidential. Both employees and employers benefit from a workplace where grievances can be raised and dealt with properly, so maximising the likelihood of reaching a … what their workplace has done in any similar cases before. Do deal with grievances in a timely manner. The procedure is normally found in the staff handbook and should ideally be drafted to reflect the best practice recommendations of the Acas Code on disciplinary and grievance procedures (the “Acas Code”). This can help avoid any negative effects on the business, for example: bad feeling. The grievance should set out in as much detail as possible why you are dissatisfied. Please find below some frequently asked questions relating to Grievance Outcomes. A grievance is a letter of complaint to your employer. Ensure that you give everyone your anti-bullying and anti-harassment policies, and always email any updates or … Workplace bullying and harassment is the leading cause of workplace misery. Outcome of Grievance Hearing. This led to the situation worsening and ultimately became untenable.  The situation became so bad that a letter of complaint was received by the client from one of the employees detailing allegations of bullying against the other.  If not dealt with quickly the situation was in danger of going legal. This site uses Akismet to reduce spam. Two of our client’s employees who had worked together for many years had a disagreement at work over a non-work-related matter. The Grievance Letter Template Aid covers (1) work related stress; (2) bullying and harassment; (3) discrimination. The procedure is normally found in the staff handbook and should ideally be drafted to reflect the best practice recommendations of the Acas Code on disciplinary and grievance procedures (the “Acas Code”). In accordance with the company's dignity at work policy, an investigation is carried out, and the findings are that the line manager has in fact been bullying and intimidating the employee. 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