Our workforce is spread across a number of sites, with staff working ‘out on the road’. We are now receiving text messages with complaints (about the Company or their manager) in them. My Director says that this is not a proper grievance as the correct procedure is set out in our well publicised grievance procedure and therefore he has asked me to ignore them.
Peter replies:
It would be unwise to ignore them just because they are not ‘in writing’, as texting still involves using written words. I am sure your Director would not wish to ignore them if their content had been personally abusive. Even if your Grievance procedure says they have to be in writing and only addressed to a specific person in the organisation, the texts are still evidence of complaints.
The big risk of simply ignoring/banning it is that what would happen if someone texted in to say they were being sexually harassed or bullied by their line manager? Would you ignore it? I hope not.
I believe it is possible to create a paper trail of the grievance, which can be generated by a mobile phone that can print off text messages via a Bluetooth printer.
The law simply requires that the grievance must be in writing – it does not say that the grievance must be written on paper or should be capable of being printed on paper. The form of the written grievance is irrelevant – whether electronic or paper-based.
I would seek confirmation from the employee that he or she intends to raise a grievance or wishes to deal with it informally. If they want it to be formal you should politely ask him or her to submit their grievance as per your policy. Good grievance procedures also require the individual to set out what result they wish to get from their grievance. This not only focuses their thoughts properly, but helps the employer to find a way of giving them that result, considering fully why they cannot, or thinking of a creative alternative.
I believe that rather than worrying about the exact wording of a written policy, management training in this area would be more helpful. Empowering managers to develop good communication with their staff, and to conduct regular job chats etc. can lead to a reduction in formal grievances. Formal training in how to address problems should also be part of your solution.
The guidance provided in this article is not legal advice as every case depends upon the facts. The law is forever changing and you need to keep up with these changes. Before you take any action, make sure that you know what you are doing, or call us for specific advice.
