Lush realises the importance of good working relationships between all employees and encourages an atmosphere in which problems can be discussed and resolved through open communication.
Lush believe it is everyone’s responsibility, and in their best interest, to ensure that grievances are dealt with quickly and fairly. This policy enables individuals to raise issues that affect them in the workplace.
If you have a grievance or complaint, in the first instance, this should be promptly raised directly with the relevant person and / or your Manager.
If you are unable to do this or if this approach has not resolved the matter, you should talk to your Manager or Trainee Manager as soon as possible, who will arrange an informal meeting to confidentially discuss your concerns, explore them further and attempt to resolve them fairly and efficiently.
To resolve concerns quickly and directly, your Manager may talk to any colleagues you have referred to or who may have further information on the matter.
At this stage it may be reasonable for your Manager to recommend feedback, further training, or a facilitated meeting between yourself and others involved.
If the matter is not able to be resolved informally, you should write to your manager (or People Support if your grievance concerns your manager) clearly setting out the points of your grievance and evidence to support them (such as relevant facts, dates and names of individuals involved). You should also consider how you would like your grievance to be resolved.
Subject to any preliminary investigations required, a grievance hearing will be arranged as soon as reasonably practicable. A work colleague or Trade Union representative can accompany you to this. Union representatives must be certificated by that Union to act as a worker’s companion. We will consider other persons if appropriate reasons are provided in advance however you must advise Lush that you will be accompanied and by who prior to the hearing. Normally this hearing will take place in person, however in exceptional circumstances it may be by phone or video call.
You should make every effort to attend the meeting at the specified time. If circumstances beyond your control mean you or your companion are unable to attend, inform the person holding the grievance hearing as soon as possible and they will try, within reason, to agree an alternative time.
At the meeting you will be asked to explain the nature of your grievance and what action you propose would be appropriate to resolve the matter.
Whilst you will be given opportunity to explain your case fully, you should confine your explanation to matters that are directly relevant to your grievance which affect you directly and that took place within a reasonable time frame so they can be investigated adequately.
An appropriate person without conflicting prior involvement will investigate your grievance, including interviewing any witnesses, and will decide how to proceed.
You will be informed in writing of the decision, and of any proposed action we intend to take to resolve the grievance, as soon as reasonably possible. If your grievance (or part of it) is not upheld, you will be offered an appeal; details of who to appeal to will be confirmed in the outcome letter.
If you wish to appeal against the outcome you should write to your point of appeal (as notified in the grievance outcome letter) within 5 working days of receipt of the outcome letter. This should clearly state the grounds for your appeal, all additional evidence and reasons you believe the outcome to be unreasonable.
A further meeting will be arranged to hear the appeal and you will again have the right to be accompanied. The appeal meeting will be dealt with by an appropriate person who has not had conflicting prior involvement. Following the appeal hearing, you will be informed in writing of the decision and any proposed action as soon as reasonably possible. The appeal outcome decision is final and there is no further right of appeal.
Witnesses & Confidentiality
If you are asked to provide evidence towards a grievance investigation you must treat this information as confidential and failure to do so may result in disciplinary action against you.
Where an investigation could lead to a disciplinary process, an employee has the right to have full details of the allegation against them to ensure fairness. For this reason, requests from witnesses to provide evidence anonymously can only be accepted in exceptional circumstances.
If anyone experiences any reprisal due to providing information or evidence, please inform your Manager or People Support immediately who will investigate the situation fully and take appropriate action.
Outcomes and Timescale
Following a grievance investigation, Lush may conclude that one or more of the following outcomes is appropriate: application of disciplinary process, training, facilitated meeting, transfer of shop and/or department.
Employees have a responsibility to raise concerns within a reasonable timeframe to ensure a fair investigation. Failure to do so may result in the investigator being unable to fully explore the concerns.
Lush will always endeavour to complete any process as quickly as possible.
Grievances must be individual and you must be able to provide information about a situation you directly experienced or witnessed.
If several grievances are raised about the same issue they may be investigated together.
If a grievance is raised relating to a disciplinary, attendance management or performance management process, either process may be postponed, or dealt with simultaneously. These situations will be reviewed on a case-by-case basis.
Grievances will not be heard post-employment. Any concerns you have should be raised to your Manager or People Support prior to your employment ending in line with this policy.
During the formal process Lush will organise for a note-taker to make a record of the grievance or appeal hearing. At your request, you will be provided with a copy of meeting notes you are a part of with an opportunity to make any amendments to be kept alongside the original.
You or your representative can also take notes throughout a formal meeting. Should you wish to make a recording of the meeting you must seek prior consent from those attending. This must be done at least 24 hours before the meeting or you will not be permitted to record it.
Failure to comply with this policy without good reason could result in disciplinary action being taken up to and including dismissal, and in the case of non-employees, termination of the relationship.
Other Relevant Policies
Respect at Work Policy: If your grievance concerns harassment or bullying you can refer to either the grievance or Respect at Work procedure.
Disciplinary Policy: If it is perceived that the alleged misconduct may have occurred then the Disciplinary Policy may be applied. Please refer to the Lush Disciplinary Policy.
Whistleblowing Policy: In the case of reporting malpractice in the workplace, please refer to the Lush Whistleblowing Policy.
Status of this policy
This policy is not part of your contract of employment, and we reserve the right to amend it at any time. Updated versions will be made accessible to all employees.