The employer should notify the employee of its decision on their grievance in writing, setting out the reasons for the decision. The employer would not usually include copies of notes on the investigation as a matter of course, but if the employee requests these, the employer may have a duty to disclose the documents in accordance with GDPR.
Employees have the right to see personal information that the employer has about them, held as a computer record or in a structured manual filing system. This could include notes on the investigation into their grievance. However, before disclosing the data, the employer must assess whether disclosure would breach the confidentiality of others. If a third party is identified in the notes, for example a witness who was interviewed as part of the investigation, the information can be disclosed only with that person’s consent, or if it is reasonable in the circumstances to disclose it. Alternatively, the employer could provide the notes to the employee after removing the parts from which the third party could be identified.
The employer should also bear in mind that the purpose of the grievance process is to allow the employee to raise concerns or problems. The more transparent the employer’s process, the more likely it is that the employee will be satisfied with the way it has handled their grievance.
