What happens if you win a grievance

When proceeding to the second stage, the written grievance must be submitted within the time limitations set out in your agreement for the first stage. Even if settlement is reached verbally, however, it is still important for the steward to keep a record of the grievance for union files — it might prove useful should the same or similar situation arise once more.

This is handy information for the committee in negotiations. In some contracts, the first stage of the grievance procedure might require formal presentation of a written grievance when you, the grievor, and the supervisor meet. Employees usually don't have the requisite experience.

Lastly, management may scare the grievor into dropping it by bringing up some other irrelevant matter. A good working relationship between steward and supervisor makes both your jobs easier. In union-management relationships, the supervisor backed by management and the steward backed by the union are equals — sharing responsibility for successful labour relations.

The two of you will have to discuss and settle many knotty problems. A friendly but business-like relationship right from the start will help a lot.

But of course, your first aim in any grievance session is to win justice for your fellow workers whose rights have been violated. Arbitration is the final appeal and is a hearing before an impartial third party chosen by the mutual consent of union and management. If the union and management cannot agree, there is provision for the provincial, territorial or federal Minister of Labour to make the appointment.

Some contracts provide for a single arbitrator, usually named in the collective agreement. The single arbitrator hears the case and then writes the decision which is binding on both sides.

Other contracts provide for an Arbitration Board made up of one nominee from the union and one nominee from management. Following consultation, the union and management nominees choose a mutually acceptable chairperson or, failing that, an arbitrator appointed by the Minister of Labour.

In this instance, it is the three-person board which will hear the case, with the chairperson retiring to write the decision. The decision of the chairperson is submitted to the board members who will sign in agreement or submit a written dissension. The majority decision of the board is binding on both parties. The arbitrator or board only has authority to interpret the agreement as written.

They are not allowed to amend, alter, add to, or take away any provisions contained within the agreement. The arbitrator or board is also restricted to dealing with the grievance as presented. For this reason, many unions require the previously mentioned general statements of the grievance on the grievance forms so they are not restricted to a single clause or section of the agreement at a later date causing them to restrict the scope of their case. Contract clauses can always be interpreted in different ways, and the guidelines below might explain some of those differences.

There will always be exceptions, but you should find that most of these will help you decide whether you have a grievance or not. A common management position: If something is not specifically limited in the collective agreement, management has the residual power to do it. Others take the view that limits on management rights are not necessarily restricted to those contained in specific provisions. Arbitrators have also been known to modify residual rights by imposing a standard of reasonableness as an implied term of the agreement.

Certainly, many arbitrators are reluctant to uphold arbitrary, capricious or bad faith managerial actions which adversely affect bargaining unit employees. It should also be noted that even where the agreement expressly states a management right, or gives it discretion, management's action must not be arbitrary, capricious or in bad faith.

Section 4: Grievances October 7, Chapter Investigating the grievance. Chapter Checklist: Grievance preparation. Chapter Writing the grievance. Chapter The grievance procedure. Chapter Interpreting the contract. Maternity Action offers advice and information to help you understand and take up your rights and entitlements throughout your pregnancy, maternity leave and return to work.

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Share on Facebook. Share on Twitter. Share on LinkedIn. Written by Advicenow. What is this search? Boost your knowledge, confidence and skills How to use a grievance procedure to deal with discrimination and other problems at work. Got a problem at work? Worried about how to deal with it?

This guide will show you how you can deal with problems at work using your work's grievance procedure. A grievance procedure is a written policy, setting out the steps you and your employer should follow to resolve a problem. How to use a grievance procedure to deal with discrimination and other problems at work. Download Choose section Introduction What is a grievance?

Discrimination Bullying and harassment What is the purpose of using a grievance procedure? Things to consider before raising a grievance Grievance procedures Stages in a grievance procedure Employment tribunals Time limits and employment tribunals What does it mean? Further help. Can you spare a few minutes? Disclaimer The information in this guide applies to England and Wales. Grievances are normally about things like: Discrimination see below.

Terms and conditions of employment. For example, your employer changes the date you get your pay from the 15 th of each month to the 30 th. Health and safety. For example, your office chair loses a wheel. Your boss screws it back in but it is still wobbly. You complain again, but your boss says a new chair is too expensive and that you will have to manage.

Work relations. For example, there are three of you in your team. Only one of you is supposed to take leave at any one time. Two of your workmates keep taking leave at the same time which leaves you under a lot of pressure. Bullying and harassment see below. Changes in working practices or organisational change. For example, you work for a small charity.

Your job is partly recruiting members, and partly campaigning, about After a couple of years, a new lead organiser is appointed. She reviews priorities and decides she wants you to focus solely on recruitment. Things to do with your working environment generally. What is discrimination? They are: Sex, including pregnancy or maternity, or whether you are married or single or in a civil partnership. Race, including colour, nationality, ethnic or national origin.

Disability this means where you have a physical or mental health condition which has a substantial effect on your day to day activities, and which has lasted or is expected to last for a year or more. Age this includes being young as well as old. Religion or belief this includes having no religious beliefs. Sexual orientation. Gender reassignment or being on the way to gender reassignment.

You may have a good reason to complain about discrimination in these circumstances too: You are being given worse jobs than everybody else and you believe the reason is because of your protected characteristic.

Your work has rules which appear to apply to everyone, but they are harder for you to follow, for example, because of your religion or sex. So, for example, if you are a single mother who works part time as a clinic nurse Mondays to Wednesdays, and your employer wants to change your rota so each week you work a different three days and you cannot organise your child care to make this possible, this is likely to be unlawful sex discrimination.

This is because a much higher proportion of women than men have childcare responsibilities, and so the impact on women and you in particular is likely to be greater than on a man. You have a disability which significantly affects your ability to carry out day to day activities and your employer treats you less favourably because of something connected with your disability.

Reasonable changes could include changing your hours of work, or providing you with equipment to make it easier to do your job, or giving you a desk on the ground floor if you have mobility difficulties and you work in a building without a lift. You are treated less favourably because someone connected with you has a protected characteristic.

For example, your employer treats you less favourably because your partner or child is transgender. You may also want to use a grievance procedure to: 1. Improve your work situation in the future A successful grievance can resolve a problem so that something about your work improves in the future.

The pros and cons of making a complaint Pros You might succeed in putting a stop to the discrimination or other work problem. Cons It can be stressful. You will probably have to attend meetings with senior management. Making a complaint may damage work relationships. Think about the practicalities of your situation at work. Are things likely to change soon anyway?

It might not be worth making a complaint if your problem is only temporary. You could raise a grievance if, for example, noisy building works outside your office are making it hard to concentrate and get your work done.

The answer might be different if the building work is also very dusty and affecting your health now. If you are unsure about whether to complain about something, speak to an experienced adviser. If you are a member of a trade union, your representative should be able to help. What is a grievance procedure?

Where can I find my grievance procedure? Make sure your employer deals with your complaint promptly Make sure your employer deals with your grievance promptly at every stage. The informal stage Many problems at work are best sorted out informally. You should be able to find details of your employer's grievance procedure in your Company Handbook, HR or Personnel manual, on your HR intranet site or in your contract of employment.

If your employer doesn't have a formal procedure, you can follow the Acas Code of Practice. The Code of Practice sets out standards of fairness and reasonable behaviour that employers and employees are expected to follow in most situations when dealing with a dispute. If you do end up making a claim to an employment tribunal, there is a strict time limit within which you'll need to make your claim.

This is usually three months minus one day from the date that the thing you are complaining about last happened. The time limit still applies even if you're taking out a grievance. This means you need to make sure that you don't run out of time while going through the grievance procedure. If you take out a grievance, it's always a good idea to keep a note of exactly what happens and when. If you haven't been able to sort out your problem by talking directly to your manager, the next thing to do is write to your employer.

Give details of your problem, date your letter and keep a copy. If you have not done so already, you might find it helpful to tell your employer any suggestions you have for resolving the problem. Your employer should arrange an initial meeting at a reasonable time and place to discuss your grievance.

You have a right to ask your employer if you can bring a colleague from work or a trade union representative to the meeting. Your employer should give you the opportunity to explain your grievance and any suggestions you may have for resolving it. After the meeting, your employer should write to you, telling you what they have decided to do about your grievance. Your employer should arrange a further meeting to discuss your appeal. Where possible, a different and more senior manager should deal with this appeal.

A failure to handle a grievance properly might amount to breach of the implied term as to trust and confidence if serious enough to amount to a claim for constructive dismissal.

This would ultimately be a question for an employment tribunal to assess in each individual case. If you have nothing further to add to your written grievance or you are nervous, then you can always simply refer to the written statement that you would have already submitted. Your companion is allowed to take notes, explain what your grievance is about and talk with you during the meeting.

Your companion cannot, however answer questions put to you directly or prevent anyone else at the meeting from explaining their side of events.

Your employer should also take care in deciding on any actions. Usually your employer will not need to make an immediate decision and may consider ending the meeting and resuming it at a later date to allow for further investigation. Yes, they can as there is no legal requirement to disclose the identity of witnesses, However, there does need to be a powerful reason not to do so, otherwise it would undermine your right to properly challenge the evidence.

Employers, after all, have an obligation to undertake a fair grievance procedure, which will include attempting to obtain reliable, corroborated evidence. If anonymous evidence is to be used, your employer should also seek to corroborate the evidence by establishing at least one identifiable witness. A failure by your employer to act reasonably in this regard could see them being penalised at any later tribunal proceedings.

Whilst it is usual that an employer sets a meeting to discuss your grievance, if there were good reasons why you could not attend such as illness, or anxiety , your employer would be expected to act reasonably. This means they should deal with the grievance in writing if there was sufficient information available to enable them to do so.

If there is no good reason why you do not want to attend the grievance meeting, your employer will be on stronger grounds. However if they could deal with the matter in writing, most would still choose to do so, in order than they cannot be later criticised for lack of process. You should be provided with a copy of the minutes or notes of the meeting. If you do not agree that they are an accurate representation of what was said, you are entitled provide a corrected version in the hope that these can be agreed.

If your employer does not agree that your version is accurate, it should keep both versions on record. Should the meeting result in a dispute, for example a tribunal claim, both versions of the notes can be referred to, with acknowledgment that what was said at the meeting is not agreed.