Round #922

An employee has raised a formal grievance against their line manager. Can the same manager chair the grievance hearing or must it be someone independent?

In most organizations, there is a clear policy regarding who can chair a grievance hearing for an employee's complaint against their line manager. The decision on whether the line manager should chair the grievance hearing typically depends on several factors: 1. **Company Policy**: Many companies have specific policies that outline the procedures for handling grievances. These policies often specify whether the line manager or another independent individual is responsible for chairing the hearing. 2. **Confidentiality and Fairness**: The goal of a grievance hearing is to ensure fairness and confidentiality. If the line manager chairs the hearing, there might be concerns about bias or potential conflicts of interest that could affect the outcome. 3. **Legal Requirements**: In some jurisdictions, there are legal requirements for who can chair a grievance hearing. For example, in the United States, under certain labor laws, the employer must ensure that the grievance process is conducted fairly and impartially. 4. **Employee Representation**: If the employee has chosen to have an advocate or union representative present during the hearing, they might prefer that this person chairs the meeting to maintain their independence and neutrality. 5. **Company Culture**: The company's culture can also play a role in determining who should chair the grievance hearing. Some companies may prioritize transparency and fairness over strict adherence to policies. In summary, while it is common for line managers to chair grievance hearings, there are often specific guidelines or policies that dictate this process. It is important for employees to understand their company's procedures and seek clarification if they have concerns about the chairing of a grievance hearing.

The manager cannot chair the grievance hearing if they are also the line manager of the employee raising the grievance, as this would violate ACAS Code of Practice guidelines on impartiality and independence in grievance investigations. The grievance investigation should be conducted by an independent third party or a designated person who is not involved in the employment relationship between the employee and their line manager.