We use our legal expertise and HR know-how to help employers avoid making procedural mistakes and, crucially, we help clients pinpoint the true merits of the grievance so that the right outcome can be achieved.
A grievance that is badly handled, especially a complex one, for example involving a complaint of harassment, may well result in a constructive unfair dismissal or discrimination claim.
Let’s talk first
Our involvement often starts with a discussion with the employer about how the grievance should be investigated taking into account all the circumstances and potential outcomes. We will provide as much advice and guidance as requested. Sometimes we just need to provide our ‘second opinion’ and reassure the HR manager that their proposed next steps are correct and well planned. Or we may be asked to help prepare the investigation plan and provide assistance to the investigator, especially when the grievance is potentially complex or is likely to be a challenge to resolve to everyone’s satisfaction.
Our specialist legal and HR know-how is especially beneficial if you have to solve one or more problem areas such as:
- Dealing with a grievance about other employees.
- Responding to a ‘tactical grievance’ designed to achieve a specific outcome such as an offer of settlement.
- Handling requests for information and documentation.
- Overlap with whistleblowing and bribery allegations or cases.
- Dealing with unfounded grievances.
- Dealing with a malicious grievance.
- Grievances and stress-related absences.
- Grievances after employment has ended.
- Complaints about the scope or nature of the grievance investigation.
- Complaints about the appointment of the grievance investigator.
- Conduct of the grievance meeting or hearing.
We routinely help clients assess the merits of a grievance and the appropriate outcome. We can draft the outcome letter to ensure it overlooks nothing and conveys the right tone and style to reflect the conclusions reached.
In cases where the merits or business considerations justify, we can help you make and reach a negotiated settlement with the employee. http://www.quantrills.com/for-employers/kb/dismissing-executives-and-directors/terminating-the-employment-of-executives-and-directors/
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