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Frequently asked questions

What is the process for filing a grievance at work?

If an employee has a problem at work, it’s usually a good idea for them to raise it informally in the first instance as issues may be able to be addressed quickly. Employers should respond even if the problem is raised informally.If the employee feels that raising it informally has not worked, or they want the matter to be dealt with formally, or it is a very serious issue, e.g., sexual harassment or serious discrimination they should raise a formal grievance in writing.This typically involves submitting a formal written complaint to your supervisor or HR department, an email will suffice. According to ACAS guidelines, your complaint should detail the issue, including specific incidents, dates, witness details and any relevant evidence. The employer should then follow their formal grievance procedure, which may include an initial meeting, an investigation, and a final decision. Employees should refer to their employee handbook or HR policy for the exact steps and contact their union representative if they are in a union.

What should I expect during a workplace investigation?

During a workplace investigation in the UK, an impartial investigator, often a member of the HR team or an external investigator, will gather facts related to the complaint. This includes interviewing witnesses, reviewing documents, and examining other relevant evidence. The investigation must be conducted confidentially and fairly, as per ACAS guidelines. After the investigation, an investigation officer’s report (IO report) is compiled with a recommendation on whether there is a case to answer or not. The decision-manager will make their determination based on the IO report’s findings. You will be informed of the outcome in writing which can be the allegations are upheld and formal procedures will follow or w, no case to answer and no further action, training or re-training.

How can I ensure dignity at work and address harassment or bullying?

Ensuring dignity at work involves fostering a respectful and inclusive environment. According to ACAS, employees should be aware of their company's policies on harassment and bullying and report any inappropriate behaviour immediately. Employers should provide training on these issues and have clear procedures for addressing complaints. If you feel harassed or bullied, document the incidents and report them to a supervisor or HR. Employers are legally required to take reasonable steps to prevent and address harassment and bullying under the Equality Act. Furthermore if the issue is one of sexual harassment, specific measures must be taken by employers to prevent this from occurring initially, or to robustly investigate allegations as per Worker Protection (Amendment of Equality Act 2010) Act 2023.

What are my rights during a disciplinary hearing?

Before any disciplinary hearing in the UK, you have the right to be informed of the allegations against you in writing and to present your side of the allegations to the investigating officer and the disciplinary panel if there is a case to answer. You should also get a disclosure bundle that includes the documents obtained or referred to during the investigation. According to ACAS guidelines, you also have the right to be accompanied by a colleague or trade union representative. The process should be fair and transparent, with the opportunity to present evidence and call witnesses. You should be given reasonable notice of the hearing and the chance to appeal any decisions made.

What actions can I take if I believe my complaint was not handled properly?

If you believe your complaint was mishandled, you can take several steps. First, review your company's grievance or complaints procedure to ensure all steps were followed correctly. If you still feel the process was unfair, you may file an appeal or escalate the matter to higher management. ACAS advises seeking advice from a trade union representative or contacting ACAS for free and confidential advice. In some cases, you might consider filing a complaint with an employment tribunal, especially if you believe there has been a breach of employment law.

What is workplace mediation and when should it be used?

Workplace mediation is a voluntary, and confidential process where a neutral mediator helps employees resolve conflicts and improve working relationships. It is most effective when used early in a dispute, before issues escalate to formal grievances or disciplinary actions. Mediation can address interpersonal conflicts, communication breakdowns, and misunderstandings, aiming to find a mutually agreeable solution for all parties involved.

How does the mediation process work?

According to ACAS and CIPD guidelines, the mediation process typically involves several steps:
- Referral: An issue is referred for mediation, either by the employees involved, their manager, or
- HR.Preparation: The mediator meets with each party separately to understand their perspectives and explain the process.
- Mediation Session: A joint session is held where each party can share their views, facilitated by the mediator who helps guide the conversation towards a resolution.
- Agreement: If a resolution is reached, an agreement is documented by the mediator, outlining the steps each party will take to resolve the conflict. Both parties will be able to amend the agreement before committing to it. All commitments must be agreed upon before signing.
- Follow-up: The mediator may arrange follow-up meetings to ensure the agreement is being upheld and to address any ongoing issues.

What are the benefits of workplace mediation?

Workplace mediation offers several benefits, including:
Improved Relationships: Helps restore and improve working relationships by addressing the root causes of conflict.
Confidentiality: Provides a private and confidential setting, encouraging open and honest communication.
Cost-effective: Reduces the costs associated with formal grievance, disciplinary and litigation procedures.
Timesaving: Typically resolves disputes more quickly than formal processes.
Voluntary and Impartial: Ensures that all parties participate willingly, and that the mediator remains neutral.

Who can act as a mediator in the workplace?

Mediators can be internal or external. Internal mediators are often trained HR professionals or managers with mediation skills. External mediators are independent professionals who specialise in workplace mediation. External mediators are preferred when one or both of the parties in conflict hold senior positions or there suitable trained internal managers. According to ACAS, CIPD and People Management best practices, it is crucial that mediators are trained, impartial, and have no vested interest in the outcome of the mediation to ensure fairness and effectiveness.

What happens if mediation does not resolve the conflict?

If mediation does not lead to a resolution, the parties can pursue other options, such as formal grievance procedures, disciplinary actions, or seeking advice from trade unions. According to ACAS guidelines, even if mediation is unsuccessful, it can still be beneficial by clarifying issues and reducing tension. The next steps should be in line with the company’s policies and procedures, ensuring that all actions taken are fair and compliant with UK employment law.