GRIEVANCES - 05.10.2006

When is a complaint a grievance?

What’s a “grievance”?

As you know, new dispute resolution procedures were introduced on October 1, 2004. Their purpose is to lay down minimum standards for handling workplace disputes. Step 1 requires employees to set out their grievance in writing before bringing a tribunal claim. Unfortunately, it’s not clear as to what type of information and detail must be included in order to count as a grievance and trigger the full process. Luckily a new Employment Appeal Tribunal (EAT) case has provided guidance. What can you learn from it?

It’s sorted, isn’t it?

The content of grievance letters was considered in Canary Wharf Management Ltd v Edebi 2006. Edebi (E) had been employed as a security guard. In June 2004, he wrote to his employer (CW) stating that working outside and being exposed to traffic fumes had caused him to suffer from asthma. In July, he wrote again stating that CW had refused reasonable adjustments to his job and that action must be taken in accordance with disability legislation. However, CW believed that E’s asthma had improved after being given an inhaler, so no further action was taken.

Complaints galore

On March 25, 2005, E wrote again. This time it was a long letter which summarised numerous complaints grouped under eight headings. These included prior information, breaks, heaters, chairs, remuneration, rosters, canteen facilities and working conditions. In the letter, E also offered suggestions as to how to resolve his concerns. He also complained about various physical ailments allegedly caused by his work, but didn’t specifically refer to his asthma.

A tribunal claim

E then lodged claims for constructive dismissal, unlawful deduction of wages and disability discrimination. This was on the basis that his letter of March 25, 2005 was the grievance letter that had already detailed these claims. The tribunal allowed the disability discrimination claim to proceed as it considered that this and an earlier letter both qualified as a “grievance”. CW appealed this decision to the EAT, arguing that a disability discrimination complaint hadn’t been made. This was because E’s letter had not set out the nature of the complaint brought to the tribunal. The EAT agreed and held that in order to comply with the standard grievance procedure, any letter must be expressed in such a way that the employer realises that a relevant grievance is being raised.

Dealing with grievance letters

Whilst this case went in the employer’s favour, it’s important that you’re careful in how you respond to any correspondence from staff.

Tip. If you receive a complaint in writing, e.g. letters or memos from staff, always read it carefully to identify whether or not a grievance is actually being raised. Look for specific complaints and a link to how they affect the writer; but if you’re not sure, always check. This might sound like time-consuming advice, but if you fail to correctly identify a grievance and invite the employee to a meeting, any subsequent tribunal claim that they bring against you could result in a 10-50% uplift in any compensation awarded.