Who decides the outcome of a grievance?
Asked by: Janet Jerde | Last update: May 15, 2026Score: 4.6/5 (24 votes)
The outcome of a grievance is decided by designated decision-makers within the organization (like managers or HR) for non-union workplaces, or by a neutral arbitrator in unionized settings, following specific procedures, with a final written decision and often a right to appeal. The specific authority depends on the company's policy or collective bargaining agreement, but the goal is a fair, evidence-based resolution, typically communicated in writing.
What is the outcome of the grievance hearing?
After attending your grievance hearing, your employer is likely to produce a grievance outcome, which is a letter explaining their decision in relation to your grievance. Most grievances are not upheld. The grievance outcome will usually set out that you have a right to appeal the decision and how you should do this.
What is the final step in a grievance process?
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.
Who deals with a 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. You have a right to ask your employer if you can bring a colleague from work or a trade union representative to accompany you.
How do you win a grievance hearing?
Five Steps To Winning Grievances
- Listen carefully to the facts from the worker. Listening is a lot harder than most people realize. ...
- Test for a grievance. You already know the five tests for a grievance. ...
- Investigate thoroughly. ...
- Write the grievance. ...
- Present the grievance in a firm but polite manner.
Making Grievances in the Workplace-What You Should Know
What are the chances of winning a grievance?
Be prepared to appeal – 99% of grievances are dismissed by the employer.
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 a grievance take to resolve?
However, Acas recommends that grievances should ideally be resolved within 4 weeks. More complex cases may take longer, but employers should aim to handle grievances promptly to maintain trust and morale.
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.
Are grievances ever upheld?
Grievances are rarely upheld – at least not if upholding a complaint could form the basis of a legal claim – and so employees with legitimate concerns are left dissatisfied.
What evidence is needed for a grievance?
The process typically includes: Reviewing the grievance complaint: HR examines the formal grievance to understand the issue, the people involved, and any policies that apply. Collecting evidence: They then gather relevant documents, emails, security footage, or performance records that support or disprove the claim.
What happens if a grievance cannot be resolved?
What happens if the grievance is unsuccessful? If your grievance is unsuccessful, then you can either appeal it, simply resign, or resign and claim constructive dismissal. This latter claim would be on the basis that you have been forced to leave because of a fundamental breach of contract on your employer's part.
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.
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.
Do you need to make a decision at the grievance hearing?
Held between the employer and the employee and their representatives, if required, the meeting is a chance for the employee to explain their grievance and any evidence they may have. The employer can then make a decision based on the meeting.
How do you win a grievance appeal?
Your grievance appeal letter should:
- Identify the specific issues in the grievance outcome that you disagree with.
- Explain why the decision was incorrect.
- Provide any new or overlooked evidence.
- Address any failure by your employer to attempt to resolve the grievance.
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.
What are the disadvantages of grievance?
When employees feel that their complaints are dismissed without being resolved, several adverse consequences may arise:
- Lower Morale: Employees who perceive that their grievances are ignored or dismissed are likely to feel undervalued. ...
- Decreased Productivity: Disengaged employees are far less productive.
Do you get compensation for a grievance?
Furthermore, some upheld grievances can be particularly serious, and you may be able to make a claim for compensation, even if the company has acknowledged and taken steps to solve the issue.
Who investigates a grievance?
In a disciplinary or grievance case, the employer should make sure they follow a fair procedure. The investigation is an important part of this. If the employer does not carry out a reasonable investigation, any decisions they make in the disciplinary or grievance case are likely to be unfair.
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.
What are the three types of grievances?
The three main types of grievances, especially in unionized settings, are Individual, Group, and Policy grievances, covering single-person complaints (like unfair discipline), issues affecting multiple employees (like holiday pay), and broad contractual or policy violations that impact the whole workplace. While these are standard classifications, grievances can also stem from specific issues like discrimination, harassment, pay, or safety concerns, falling under these broader categories.
What outcome should I ask for a grievance?
You can ask for the process to be reviewed and the concerns addressed before it takes place, or for it to be stopped altogether because it is so unjust. Most commonly you may feel aggrieved having been treated unfairly and simply want an apology from anyone involved.
What to do if you feel mistreated at work?
contact an employment lawyer as soon as you suspect unfair treatment; contact the authorities if the activity is illegal such as assault or fraud; and. contact a medical professional if the treatment is physically, emotionally, or psychologically impactful.
What are common mistakes in handling grievances?
Contents
- Mistake 1: Allowing a Situation to Escalate.
- Mistake 2: Not Recognising a Grievance as a Grievance.
- Mistake 3: Trying to Resolve a Grievance Without Investigation.
- Mistake 4: Taking Too Long to Investigate a Grievance.
- Mistake 5: Not Seeking Clarity on What the Grievance Is About.