Example of a workplace greivance

Example of a workplace grievance

When dealing with employee grievances, real-life examples can often provide the most valuable insights.

These cases not only highlight common issues but also demonstrate the importance of adhering to proper procedures. Let’s investigate a notable case that underscores the potential consequences of mishandling grievances.

Case study: Slade and another vs. Biggs and others

The facts

In this case, two employees brought claims against their employer for unfair dismissal and pregnancy and maternity discrimination.

The situation arose when both employees became pregnant around the same time, which the employer found “highly inconvenient.” Unfortunately, instead of addressing the situation appropriately, the employer chose to terminate their employment.

One employee, referred to as S, was dismissed for alleged gross misconduct shortly after giving birth prematurely.

The dismissal was carried out without following any proper procedure, leading the tribunal to describe it as “one of the most egregious acts of discrimination possible.”

The other employee, B, resigned after her grievance was entirely ignored, which led to her claim of constructive dismissal.

Key learnings

2. The value of grievance hearings

B’s grievance was ignored, which ultimately led to her resignation and a successful claim of constructive dismissal. This highlights the critical need for employers to take grievances seriously, conduct thorough hearings, and provide a platform for employees to voice their concerns.

Ignoring grievances can not only lead to legal claims but also damage employee trust and morale.

1. The importance of following procedures

This case exemplifies the disastrous consequences of failing to follow proper grievance and dismissal procedures. The employer’s decision to dismiss S without a fair process led to severe legal repercussions.

Employers must always ensure that grievances, particularly those involving sensitive issues such as pregnancy or maternity, are handled with the utmost care and in accordance with established protocols.

Key learnings

Respecting employee rights

The case serves as a stark reminder that employees have the right to raise concerns about their treatment without fear of retribution. Employers must ensure that they respect these rights and handle all grievances in a manner that is fair, transparent, and in compliance with the law.

The financial impact of failing to follow the ACAS code

The tribunal in this case awarded the employees compensation for unfair dismissal, injury to feelings, and aggravated damages. Importantly, there was a 25% uplift in the compensation awards due to the employer’s failure to follow the ACAS Code for grievances.

This uplift alone resulted in an increase of £15,000 within the award, demonstrating the significant financial consequences of not adhering to best practices.

This case illustrates how ignoring grievances or mishandling the process can lead to severe legal and financial consequences.

It also serves as a cautionary tale for employers to adhere strictly to established procedures, treat all employees with respect, and address grievances promptly and fairly.

By doing so, employers not only comply with the law but also encourages a more positive and supportive workplace culture.