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To be reasonably sure of standing up in courts, tribunals and commissions, your written staff complaints or grievance procedure must - © Anthea Lowe & Associates:
1. Be easy to understand.
2. Detail the step by step process by which grievances will be handled.
3. Contain specific, but realistic, time limits for each stage of the process.
4. Specifically ensure that all grievances will be handled in line with ‘procedural fairness’ principles - that is, with impartiality, fairness, confidentiality, and appropriate protection from victimisation (payback action), and with full provision for all parties to have access to support and/or representation as desired/necessary.
5. Give a choice of people to come forward to (so that everyone feels comfortable enough to do so) – for advice, for advocacy, and for resolution. Naturally, those given the job of resolving grievances must have sufficient power, knowledge and skills to do so.
6. Explain the manner by which grievances will be resolved – that is, from conciliation/mediation to investigation and/or discipline, as dependent on the seriousness of the allegation. Note that it will never be appropriate to conciliate/mediate something that ought, if proven, to be disciplined. Nor will it always be appropriate (ie. lawful) to provide the type of process that the complainant wants. Nor will it always be appropriate (ie. lawful) to follow a complainant’s wishes for no action to be taken or a specific action to be taken.
7. List the types of resolutions to expect, (for example, from apology to written warning to demotion to dismissal), and that resolution will be imposed fairly and consistently across the organisation, in line with the nature of the policy breach (as proven on the ‘balance of probabilities’), any mitigating circumstances and any previous proven offences (and, therefore, not necessarily in line with the complainant’s wishes).
8. Explain that confidential records will be kept of all incidents - in a central file if no discipline is imposed, and on the personal file, as well, of anyone who is disciplined.
9. Provide for an internal appeal system, wherever practical.
10. Give details of external avenues of help and appeal/review.
11. Provide much more detailed, step-by-step, prreferablly written guidance for those whose job it is to provide advice or support, and/or resolve grievances.
12. Be followed – this almost certainly means providing training and/or extensive ‘hand holding’ advice and support from Human Resources to those charged with advising on or resolving grievances.