What happens after a grievance is filed?
Asked by: Mr. Friedrich Huels DDS | Last update: March 16, 2026Score: 5/5 (44 votes)
After a grievance is filed, it triggers a formal process involving investigation, meetings, and documentation, typically starting informally and escalating through management levels, with HR often involved to gather facts, interview parties, and ensure policy compliance, aiming for a written resolution, often involving union reps if applicable, and potentially leading to arbitration if unresolved.
What happens when someone files a grievance?
Once an employee files a formal grievance, HR reviews the complaint, gathers evidence, conducts interviews, and works with management to determine a resolution. They follow company policies and employment laws while keeping the process confidential and unbiased.
How long does it take to settle a grievance?
A grievance meeting is sometimes called a 'hearing'. The employer should hold the meeting 'without unreasonable delay' – ideally within 5 working days.
What are the chances of winning a grievance?
Be prepared to appeal – 99% of grievances are dismissed by the employer.
What is the next step after a grievance?
Next Steps
Following the meeting, management will most likely be asked to draft a written response. ELR will assist with formulating a response and a final decision on the complaint or grievance. ELR will coordinate sending the final written decision to the employee and their representative, if any.
What should you expect from a grievance meeting after you have filed a grievance with your employer?
Can I be dismissed after raising a grievance?
Most employers will be very familiar with grievances and will no doubt have dealt with many grievances raised by many employees. Some of these grievances may be upheld and some dismissed, but it may be in rare cases that an employee is sacked as a direct consequence of grievances raised.
What are the 4 stages of disciplinary action?
The four typical stages of progressive disciplinary action, aiming to correct behavior before termination, are a Verbal Warning, followed by a Written Warning, then a Final Written Warning (sometimes with suspension), and finally Dismissal (or termination) for persistent issues or severe misconduct, though the exact steps can vary slightly by company policy.
What is the average grievance payout?
Lower-value claims may fall between $30,000 and $100,000, while moderate cases often settle from $100,000 to $300,000. High-damage cases—especially those involving discrimination, retaliation, or whistleblowing—can exceed $1,000,000, depending on the evidence and severity of the employer's conduct.
Who decides the outcome of a grievance?
After following a fair grievance procedure, the employer should decide on the best outcome based on: the findings from meetings and investigations.
What are two examples of unfair treatment in the workplace?
Two examples of unfair treatment in the workplace are unequal pay for equal work, where someone earns less than colleagues for the same job (often due to gender, race, etc.), and discriminatory denial of opportunities, like being passed over for training, promotions, or desirable assignments because of age, disability, or other protected characteristics, says Lawyers for Justice, P.C., Carey & Associates P.C., and Morgan & Morgan Lawyers.
How long does a grievance take to settle?
Some grievances are settled at stage one, and this typically only takes a week or two. However, many grievances go through to steps 2 – 3 and can take several months or more. If no agreement can be reached, the grievance could go to arbitration.
What not to say during HR investigation?
In an HR investigation, avoid opinions/judgments, false statements/lying, promising confidentiality, discussing the investigation with others, and using leading questions, as these can bias the process, create legal risk, or obstruct findings; instead, stick to objective facts, be honest, and let the process unfold, potentially seeking legal counsel if accused of serious misconduct.
Is raising a grievance serious?
If you can't sort out your complaint this way you might want to raise a formal grievance. If you end up complaining to an employment tribunal, the tribunal could reduce any compensation they award you if they think it was unreasonable that you didn't raise a grievance first.
What are the consequences of a grievance?
Unreasonable failure to raise a grievance can lead to up to 25% reduction in compensation if you eventually take legal action and win a tribunal claim. So if your attempts to resolve concerns informally don't get off the ground, you will probably have to raise a grievance in any event.
Is it worth it to file a grievance?
Filing a grievance is often worth it because it formally documents issues, potentially resolves them faster, protects you from retaliation, holds employers accountable, and creates a record for legal action if needed, but its success depends on strong evidence, clear policies, and whether the issue is legally wrong or just morally wrong, as outcomes vary from positive resolution (even promotions) to stress and damaged working relationships, so weighing potential benefits against risks with a union rep or legal advisor is key.
Who owns a grievance?
Because the union technically owns the grievance—and it is the only legal recourse for members to resolving a workplace issue—the union has to do research to determine if the grievance has enough legal merit to take to arbitration.
How serious is a grievance?
A grievance typically incorporates a specific process that both the employee and employer must follow. While a grievance is generally seen as more serious than a normal complaint, both can have negative consequences.
What comes after a grievance?
In general, referral to an arbitrator for a decision is the final step in grievance procedures. The decision as to whether to refer the grievance to arbitration is made by the union and not the aggrieved employee.
Is it worth appealing a grievance?
Should you appeal a grievance decision? Yes, if you are unhappy with the decision and want to remain with your employer, then it is a good idea to appeal a grievance decision.
How long should you wait for a grievance outcome?
One issue may take a day to cover. Another may take a week or longer. The individual managing the grievance complaint can lay out a timescale based off the information they have available. In your written grievance procedure, you should also explain how long the investigation will take.
How much do settlements usually pay out?
Settlement payouts vary wildly, from small amounts in class actions ($50-$200) to significant personal injury sums, often ranging from $3,000 for minor injuries to over $100,000 for severe ones, with averages often falling between $24,000 and $55,000, depending heavily on injury severity, medical costs, lost wages, legal fees (typically 30-40%), and proven damages.
What is the 80% rule in discrimination?
The 80% Rule, or Four-Fifths Rule, is an EEOC guideline to spot potential hiring discrimination: if a protected group (like a race, sex, or ethnic group) is selected at less than 80% the rate of the most favored group, it suggests "adverse impact," requiring the employer to justify the practice as job-related and necessary. It's a statistical tool, not definitive proof, indicating when further investigation into disparate impact is warranted in employment decisions.
Who attends a grievance meeting?
From your employer's side, the event will probably be attended by a senior manager who has been assigned to investigate your grievance, an HR person, and possibly another person to take grievance meeting notes if the HR person doesn't.
Do I have the right to see a complaint made against me?
Rights to Access Investigation Records
If you are involved in an investigation, you can request to review the investigation record. However, keep in mind that employers are not required to give you a copy of the investigation record if the investigation resulted in no disciplinary action against you.
What is serious misconduct at work?
Serious misconduct involves an employee deliberately behaving in a way that is inconsistent with continuing their employment.