What happens if a grievance is not upheld?

Often it is tempting, if a grievance is not upheld, to discipline an employee for raising false claims. However, unless the outcome was that the employee raised the allegations in bad faith, then taking disciplinary action against them might lead to a successful claim for victimisation.

How to handle discrimination-based grievances in the workplace?

The employer owes a duty of care to both employees and only if there is substantiated evidence of potential gross misconduct or a valid concern that they will interfere in the investigation should the accused employee be suspended. Suspension is a serious step to take and should be exercised sparingly. Accused employees may go off sick.

How is a discrimination claim heard in a tribunal?

In any tribunal claim for discrimination, the tribunal will hear all the evidence and decide if discrimination happened. This is very different to how a tribunal will consider an unfair dismissal, which will be based on what the employer reasonably believed, having heard the evidence.

Do you have an employee who has raised multiple grievances?

Most employers will have had at least one employee who is convinced he is being discriminated against and brings grievance after grievance, regarding every decision that goes against him as yet another act of discrimination.

When to raise a grievance in the UK?

Employment law in the UK recommends that, if you experience misconduct or discrimination in the workplace, you should approach your immediate line manager, or HR department, and ask them to intervene. It is the responsibility of the employer to listen to your grievance and take appropriate action.