STAFF MATTERS: How to handle employee grievances
Gerard O’Hare, head of team and solicitor at WorkNest discusses how employers should handle employee grievances.
Performance management is a critical process that managers use to assess employee performance and identify areas for improvement. However, the process can sometimes go awry, and employees may feel targeted. This can lead to unexpected grievances.
There are several reasons why employees may react negatively to performance management. They may perceive the process as solely focusing on their weaknesses and areas for improvement, and can make them feel judged or criticised.
Employees may feel that their manager does not fully understand their role or contribution to the organisation, leading to a sense of being undervalued and overlooked. They may also feel unsupported and lack the necessary resources to perform well, leading to frustration and resentment.
These factors can contribute to a negative response to the process and the emergence of grievances.
Managers should recognise that employees raising grievances during the performance management process is not uncommon. Handling such grievances can be challenging. So, how should managers respond if faced with this scenario?
The first step in dealing with grievances during the performance management process is to establish the nature of the grievance.
Suppose the grievance relates to initiating a formal performance management process, for example, because the employee disagrees that they are underperforming. In that case, it may be dealt with as part of the performance management discussions. Evidence will be necessary to resolve disputes of this kind.
If the grievance relates to the manager’s motivation for initiating the performance management process, such as if the employee raises allegations of bullying or racism, the process may need to be put on hold, and a separate manager appointed to hear the grievance first. If it is unrelated to the process, it can be heard simultaneously and run alongside performance management meetings. In any case, managers must remain calm and objective when an employee raises a grievance during the process. They should listen to the employee to better understand the nature of it and then take the time to investigate the matter thoroughly to resolve the situation and ensure that the performance management process runs smoothly in future.
Managers should seek HR and employment law advice if necessary to ensure they handle the situation in the best way possible. Reducing the risk of employees going on long-term sickness absences due to stress is crucial. Mismanaging the situation could lead to allegations of unfairness in the process, which could escalate into claims of unfair dismissal.
It is also essential for employers to highlight in their grievance policy that the grievance process should not be used to complain about reasonable action taken under a performance management procedure. This will prevent employees misusing the process by raising a tactical grievance and ensure that it is used only for legitimate complaints.
