The Grievance Procedure Explained - AIHR

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Two in three companies deal with bullying and harassment grievances, while 37% have to address pay complaints. Having a robust grievance procedure in place is essential. It helps organizations address employee concerns fairly and promptly and fosters a culture of transparency and trust.

This article thoroughly examines the grievance procedure, its importance, pros and cons, best practices for developing an employee grievance policy, and more. Let’s start!

ContentsWhat is a grievance procedure?Types of employee grievancesPros and cons of a formal grievance procedureGrievance procedure stepsGrievance procedure exampleHow long should a grievance procedure take?Employee grievance policy best practicesGrievance form templateFAQ

What is a grievance procedure?

A grievance procedure provides employees with a formal route to communicate and file a complaint with their organization about one or more aspects of their employment. Common employee grievances typically concern workplace conflict and relationships, work conditions, management and supervision, compensation and benefits, and work-life balance.

A clear grievance procedure helps to maintain a positive and productive work environment. It gives employees a channel to express their issues formally and helps identify problems in the organization. For employees (and employers), a grievance indicates that there is a problem. If the company doesn’t resolve the concern, the employee can usually use the documentation in legal action they may persue.

HR plays multiple roles the grievance procedure. Beyond designing an effective process, HR either conducts the investigations themselves or assist line managers in their investigations. They also support those who are raising the grievance and the subjects of the grievance, and provide advice on the outcomes of the complaints.

Types of employee grievances

There are different types of grievances. One way to categorize employee grievances is based on who is launching the grievance procedure:

Individual grievances

Personal complaints: Issues raised by an individual or employee, such as unfair treatment, discrimination, or harassment. Over 53% of organizations receive grievances about their relationship with the manager, and almost half of businesses have to manage issues in relationships between colleagues.
Specific incidents: Grievances related to particular events or actions affecting the individual, like denial of a promotion or an unfair performance review.

Group grievances

Common issues: Problems affecting a group of employees, such as a team or department, like unsafe working conditions, inadequate facilities, or unfair work policies.
Collective complaints: Grievances where multiple employees experience the same issue, such as changes in shift patterns, workload distribution, or benefits problems.

Union grievances

Contractual violations: Issues where the employer is perceived to be violating the terms of a collective bargaining agreement.
Union representations: Grievances related to the recognition and treatment of the union, such as failure to consult the union on important changes or unfair dismissal of union members.
Labor disputes: Broader conflicts between the union and management, often involving negotiations over wages, working conditions, and other terms of employment.

Organizational grievances

Policy and procedure grievances: Concerns about the way company policies are applied or interpreted.
Systemic issues: Problems that are widespread within the organization, such as systemic discrimination or pervasive management issues.
Whistleblower complaints: Concerns raised by employees about illegal or unethical practices within the organization.

Pros and cons of a formal grievance procedure

As with everything, having a formalized employee grievance procedure in place has its own set of pros and cons for both the employees and the organization they work for. Let’s start with the benefits.

Pros

The grievance handling procedure is set and formal. When an employee files a complaint, they know what steps the company will take.
The grievance and subsequent conclusion are documented.
A formal way of raising and resolving complaints reduces the risk of escalated conflicts or legal issues.
Written filings make it difficult for companies to ignore or dismiss complaints. They cannot say, “Oh, we didn’t know that there was a racial discrimination problem,” because the (digital) paperwork will exist.
The grievance process can (should) be transparent, allowing the complainant(s) to know precisely how the organization reached its conclusion.
In union situations, the employee(s) can be represented by a professional union representative or attorney at no cost to themselves, leveling the playing field a bit.

In terms of cons, consider the following examples:

Cons

The formal grievance procedure may discourage employees from complaining about minor things, even if the manager or organization should address them. On the other hand, it may also discourage a manager from taking a complaint seriously if it is not written down.
Depending on procedures and contracts, the investigation and resolution of a grievance can take a long time and drag a situation out endlessly.
Employees (or other parties such as unions) can use the grievance procedure to bog down a company and create endless paperwork. Because rules often require investigating every complaint (and usually prohibit retaliation against the complainant), people can use the process to attack an individual or an organization.

Grievance procedure steps

A formal grievance procedure usually follows after informal employee complaints. While the exact grievance handling procedure may look different from one organization to another, here is a general guide of what they look like.

1. The employee makes a formal, written complaint

Grievances are formal complaints and are generally written. An employee can raise a verbal complaint, but the HR representative or manager in charge would need to write down the employee’s statement, creating a formal ‘paper’ trail and document.This document will guide the entire grievance procedure. While the employee will (most likely) be interviewed in later steps, the employee should include as much information as possible, including names and dates (approximate dates should be accepted).

Grievance procedure steps starting from the employee making a formal complaint to taking action and follow up.

2. Once the employee files the grievance, a formal investigation begins

What this investigation looks like will vary depending on the type of grievance. If the employee complaint involves an inaccurate paycheck, a call to payroll can often resolve the issue within minutes. If, however, the claim is that a senior manager has sexually harassed the employee, a lengthy investigation with many interviews, viewing security footage, auditing emails, etc., can all be part of the process.

Some investigations can be handled directly by the supervisor or the HR employee tasked with the job, while others may require the involvement of an outside expert.

3. The investigator writes a conclusion

This may be a black-and-white situation. For instance, with unpaid overtime, finding unprocessed time cards shows that the employee is correct.

In a case of discrimination or harassment, the conclusion can be gray. You may find that the employee’s coworkers used racial epithets in a fight with the complainant, but you may also find out that the complainant also used racial epithets in the argument. The conclusion may then not be what the complainant expected.

4. A mediator can be called in

This is often the case when the grievance procedure is dictated in a union or other type of contract. For example, in cases of alleged discrimination or harassment, where emotions run high, and impartiality is crucial, a mediator can provide a neutral perspective. Another scenario might involve disputes over pay and grading, where both parties have strong, conflicting viewpoints.

The mediator works with both the employee and the business to reach a fair conclusion. In some cases, the company may have no formal conclusion before meeting with the mediator. In this case, both sides present their cases to the mediator, and the mediator helps them find a solution.

In the case of a union contract, the union often represents the employee in formal grievance procedures. In mediation, the union representative (and possibly a lawyer) would accompany the employee and plead their case.

5. There are consequences

Whether there is a formal agreement made during mediation or the investigator makes a formal recommendation that the company accepts, the organization and the employee take some action. It can be a simple action, but in some cases, it might be as serious as termination.

6. The employee can appeal

If the employee is unsatisfied, and there is no contract prohibiting a court case (some contracts require mediation to be the final word), the employee can take their grievance to court.

How they can do this and what the appeal process looks like should ideally be described in the company’s grievance policy.

7. Follow-up after the final decision

Once the final decision has been made and executed, someone from HR, the union, or the law firm, depending on who has been involved in the grievance process, should follow up with the employee to ensure everything has been settled.

If this isn’t the case, and parts of what has been decided still need to be arranged, the person or party responsible should make sure this is done as soon as possible.

Grievance procedure example

Let’s have a look at a hypothetical example of a grievance procedure, taking into account the grievance procedure steps discussed in the previous section where possible.

Background

A small group of employees in a manufacturing plant have raised concerns about unsafe working conditions. They mention, among other things, inadequate safety equipment and a lack of proper ventilation and believe that these conditions pose a risk to their health and safety.

Grievance procedure

Step 1: Informal resolution

Employee action: Before filing a formal complaint, the employees approach their immediate supervisor to discuss the concerns they have about their health and safety.
Supervisor action: The supervisor hears the employees’ concerns and reviews the ventilation and safety equipment. Unfortunately, the supervisor’s attempts to resolve the issues informally don’t satisfy the employees, as they feel that the measures taken are insufficient.

Step 2: Formal grievance submission

Written complaint: The employees file a formal grievance with the organization’s HR department, explaining the unsafe working conditions. The complaint includes a description of the issues, dates, and the names of the employees who have experienced health issues due to these conditions.
Acknowledgment: HR acknowledges the receipt of the grievance within two working days.

Step 3: Investigation

Investigation team: HR assigns a safety officer as well as an impartial (external) investigator to investigate the grievance.
Gathering information: The safety officer and investigator thoroughly inspect the manufacturing plant together. They also review safety protocols and interview the employees, the supervisor, and other personnel involved.
Review: The investigation team also consults with external safety experts to ensure compliance with local health and safety regulations and review the company policies on workplace safety.

Step 4: Resolution

Findings and recommendations: The investigation reveals various violations of safety standards, including insufficient ventilation systems and outdated safety equipment. The investigator recommends improved ventilation, immediate upgrades of the safety equipment, and additional safety training for all employees.
Decision: Based on the outcomes of the investigation, HR and senior management decide to implement the recommended changes, including:
- The installation of a new ventilation system to improve air quality
- The replacement of outdated safety equipment with new, compliant gear
- Mandatory safety training sessions for all employees.
Communication: HR communicates the decision and subsequent actions to the group of employees who filed the complaint and other relevant parties in writing within ten working days.

Step 5: Appeal and final decision

Appeal submission: The employees have the option to appeal if they aren’t satisfied with the outcome. However, they agree that the proposed actions sufficiently address their concerns in this case.
Final decision: The decision is thus accepted by the employees, and the grievance process moves on to the follow-up stage.

Step 6: Follow-up

Monitoring: HR monitors the implementation of the new safety measures and holds follow-up inspections to ensure compliance. They also regularly check in with the employees to assess the actions’ effectiveness.
Feedback: The employees provide positive feedback regarding the new safety measures and appreciate the prompt and thorough response to their grievances.

Additional considerations

Confidentiality: The details of the grievance and the employees’ identities remained confidential throughout the entire process.
Non-retaliation: The company has reiterated its commitment to a non-retaliation policy and ensured that the employees who raised the grievance face no adverse treatment as a result.

How long should a grievance procedure take?

The duration of an employee grievance procedure depends heavily on the situation. When the complaint is complicated, involves multiple people, or has a long history, it can take months to resolve an issue. A grievance filed over a one-time incident, on the other hand, can be resolved within hours.

Regardless of the complexity, it’s important to have a clear timeline in place. Establishing specific timeframes for each step of the procedure helps ensure that grievances are addressed promptly and efficiently, preventing unnecessary delays.

Employee grievance policy best practices

A document that is useful for HR, management, and the organization’s employees is the grievance policy. When you start drawing up your company’s version of an employee grievance policy, make sure that it includes all the information everyone involved needs to manage grievances as they arise, including:

A definition of the word grievance: The policy should start with a clear definition of what constitutes a grievance.
The procedure(s) for filing a grievance: Specify what steps employees need to take when filing a grievance, including what form to use, who to contact, and what evidence to enclose.
Confidentiality: Express your commitment to strict confidentiality throughout the grievance process to protect the privacy of all parties involved.
The investigation process: In your policy, walk people through the company’s process for evaluating and responding to the grievance and explain who will be involved.
Resolution and decision-making: Provide information about the kind of resolutions people can expect and how decisions will be made as a result of the investigation.
Appeals process: Outline how employees can appeal the decision if they are not happy with the outcome of their grievance and what the appeal procedure entails.
Non-retaliation policy: Establish a non-retaliation policy to reassure employees that they can raise grievances without fear of reprisal or adverse treatment.
Documentation: To ensure transparency and accountability, keep detailed records of all grievances, investigations, findings, and resolutions.
Timeliness: Set and adhere to clear timelines for each step of the grievance process for prompt issue resolution.
Clear communication: Communicate the grievance policy to all employees and make it easily accessible in the employee handbook or company intranet.

Grievance form template

Using a standardized (digital) employee grievance form makes it easier to gather relevant information from your employees and track the status of their complaints. It also simplifies the process of documenting grievances.

You can download the template below and use it to create your own grievance form.

GET TEMPLATE

On a final note

Conflict has existed in the workplace for as long as people have been working, and this is unlikely to change anytime soon. Having a clear grievance procedure in place is essential for managing and resolving disputes between employees and between employees and the company effectively. That way, organizations can avoid conflict escalation and legal risks while maintaining a positive work environment. If your organization has nothing in place yet, it’s time to start creating a (simple) policy.

FAQ

What is a grievance procedure?

A grievance procedure is a formal way for employees to express their discontent with one or more aspects of their employment. It allows them to communicate and file a written complaint about things like an unfair paycheck, discrimination, an issue with management, sexual harassment, and more. What are the common reasons to file a grievance?

Some common reasons employees file a grievance include work conditions, discrimination, bullying and harassment, compensation and benefits, management and supervision, and interpersonal conflicts. What happens when someone puts in a grievance?

This depends on the situation. If the complaint involves an incorrect paycheck, a simple call to the payroll department may solve the issue. If, however, the grievance involves concerns about safety measures, an investigation with an (external) investigator may need to be held to get to the bottom of the situation. What does the grievance process look like?

The exact process will vary per company, but usually, it will look something like this: 1) The employee makes a formal, written complaint, 2) An official investigation begins, 3) The investigator writes a conclusion, 4) A mediator may be called in, 5) There are consequences, 6) The employee can appeal, and 7) A follow-up takes place. How long should a grievance procedure take?

This depends very much on the situation at hand. When the complaint is complicated or has a long history, it may take months to resolve a concern. A grievance filed over a one-time incident can be resolved within a matter of hours. Follow us on social media to stay up to date with the latest HR news and trends LinkedIn Facebook Pinterest Twitter

Neelie Verlinden

Neelie Verlinden is a digital content creator at AIHR. She’s an expert on all things digital in HR and has written hundreds of articles on innovative HR practices. In addition to her writing, Neelie is also a speaker and an instructor on several popular HR certificate programs.