THE EZHR GUIDE TO GRIEVANCES FROM FORMER EMPLOYEES

Sometimes grievances happen from time to time, and often grievances happen because a person has left under a cloud or disagrees with the way you have done things.

If a person raises a grievance after they have left the business, we have set out a modified process to handle such grievances.

Acknowledgement of the Grievance

The first step in managing a grievance from a former employee is acknowledging the grievance. The worst thing a business can do is ignore the grievance and hope it disappears. Ignoring the complaint could result in a claim for failing to hear an employee’s grievance which is a statutory right.

A formal acknowledgement letter or email should be sent to the individual, letting them know that their grievance has been received and someone will be in touch.

Also, employees citing a long list of complaints or concerns in a resignation letter could, and more than likely should, be treated as a complaint.

Documentation and Investigation

Every grievance should be investigated. Depending on the details and nature of the complaint you carry out an investigation based on the letter. If the issue is serious then you may need to interview other employees and undertake a full investigation. Remember, fairness, impartiality, and confidentiality should be at the core of your investigation process.

If the grievance is serious, such as allegations of harassment or constructive dismissal, it is recommended that you take this seriously.

Resolution

You need to summarise and respond to the grievance in the normal way, depending on what is raised in the grievance this could be in person or via a letter. If there has been a failure on your part and you have some liability it is important to consider next steps. This could involve changes to your policies or procedures, an apology, or even exploring a settlement.

Handling a grievance from a former employee can be a stressful and challenging process. However, by handling the situation promptly, fairly, and professionally, you can either resolve the situation or demonstrate that you have taken their concerns seriously if they do litigate.

Remember as part of a modified there is no right to appeal but make sure that you consider the longer-term implications of why the employee has raised and what the next steps may be.