What to do when you get a Personal Grievance
A personal grievance is a bombshell, which sets off large ripples through the business. Even if your company gets them frequently, it’s unlikely to be a ‘ho hum’ event. There’s a good chance the manager has never had one before.
This is what HR does- if you’re a manager, it may be a bit different, but the principles should be transferable or relatable.
An employee raising a PG is laying down a challenge. They’re disputing what you have done, challenging the employer’s version of events, and control of the narrative. “Oh I’m no good at my job? Nah”.
Upwards communication
Senior management needs to know these things, not just because of the potential cost, but because they will have factors outside of your scope to consider. Ideally you have already communicated potential risk of this happening (should you get an inkling). It’s no fun to tell the boss, but it’s worse for them to hear it from others.
Conduct a risk assessment
Employment law is a minefield of small rules to follow, and mistakes not to make. Because it’s all about process, not outcomes, it’s not what you did, or why you did it, it’s mostly about how. When the meeting was, what was told, who was listened to, and only a little about what the employee did or didn’t do.
This invariably requires an impartial expert either in-house HR (if they know what they are doing) or from a lawyer. Almost always a lawyer.
That expert goes through a) what the employee said happened, b) what the manager says happened, and c) what the paperwork says happened. From that, they figure out the risk, or an approximation of your chances of winning.
Gauge the business’ appetite for a fight and bad publicity
This bit the lawyer can’t do. Only HR can, but often doesn’t.
Once you have an idea of your chances of winning (strong, mixed, poor), you need to establish from the business what it’s appetite is for the fight, or for capitulation. The key aspect is this- no one likes losing a case and being potentially painted as a bad employer, but some care more than others.
The other aspect is how much is the company prepared to pay, and how much it is prepared to fight. Most organisations aren’t in the business of giving money away, and none are in the business of rewarding employee behaviour they don’t like.
Another spectre they worry about (but can’t quantify) is the risk of getting a reputation of paying ‘go away’ money easily. IF a perception grows amongst employees that they settle easily, this will encourage chancers to give it a go and try on some spurious lawsuits.
Devise an exit strategy
Have a plan for how you’d like this settle. This could be settle early, settle at mediation, settle at mediation only if the price is good, or fight it all the way. These plans are typically combinations of company policy/philosophy, the merits of the case, and the personality of the ultimate decision maker. I’ve known big bosses who you’d never want to disappoint with a big pay out, and bosses who would never want to be on in the media for this.
