Grievance Clauses in Employment Contracts

Employment contracts must reference the grievance procedure, though the detailed procedure is usually kept non-contractual.

Legal Requirements

Written Statement

The written statement of particulars must include:

• A person to whom the employee can apply if dissatisfied with a disciplinary decision
• A person to raise a grievance with
• Explanation of the subsequent steps

Or state where this information can be found.

ACAS Code

Employers must follow the ACAS Code of Practice. Key requirements:

• Let employees raise formal grievance in writing
• Hold meeting to discuss grievance
• Allow right to be accompanied
• Inform employee of decision in writing
• Provide right of appeal

Contract Clause Structure

Basic Reference (Recommended)

"If you have a grievance relating to your employment, you should raise it in accordance with the Company's grievance procedure, which is available in the Employee Handbook. This procedure does not form part of your contract."

Specifying Who to Contact

"In the first instance, grievances should be raised informally with your line manager. If the matter cannot be resolved informally, or relates to your line manager, you should raise a formal grievance in writing to [HR Manager / named person]."

Keeping Procedure Non-Contractual

Non-Contractual Statement

"The grievance procedure set out in the Employee Handbook is provided for guidance and does not form part of your contract of employment. The Company reserves the right to amend the procedure from time to time."

Why Non-Contractual?

Benefit	Explanation
Flexibility	Can update without consent
Practicality	Avoid technical breach claims
Adaptation	Can adjust for different situations
Simplicity	Easier to manage

Key Elements to Include

Who to Raise Grievance With

"Grievances should initially be raised with your line manager. If the grievance concerns your line manager, you should contact [HR / alternative manager]."

Informal Stage

"You are encouraged to try to resolve concerns informally in the first instance. If informal resolution is not possible or appropriate, you may raise a formal grievance."

Formal Process

"To raise a formal grievance, submit your concerns in writing to [name/position], setting out the nature of the grievance and the outcome you are seeking."

Timescales

"The Company will endeavour to acknowledge grievances within [5] working days and hold a grievance meeting within [10] working days."

Right to Appeal

"You have the right to appeal any grievance outcome. Appeals should be submitted in writing to [name/position] within [5] working days of receiving the grievance outcome."

Accompanying at Meetings

Right to Be Accompanied

"You have the right to be accompanied at any formal grievance meeting by a work colleague or trade union representative."

Companion's Role

The companion may:

• Address the meeting
• Respond on behalf of the employee
• Confer with the employee
• Sum up the employee's case

The companion cannot answer questions on behalf of the employee.

Common Issues

Collective Grievances

"Where a group of employees have a shared grievance, they may raise it collectively. The Company will determine the appropriate process for addressing collective concerns."

Overlapping Grievances

"If a grievance is raised during a disciplinary process, the Company will consider whether to pause the disciplinary process while the grievance is investigated, particularly where the grievance relates to the disciplinary matter."

Grievances from Former Employees

Consider whether to include:

"The Company may consider grievances from former employees at its discretion, particularly where the matter could not reasonably have been raised during employment."

Relationship to Other Claims

Constructive Dismissal

If grievance procedure is breached:

• May support constructive dismissal claim
• Especially if employer fails to address serious concerns
• Employee should usually raise grievance before resigning

Whistleblowing

"This grievance procedure is separate from the Company's whistleblowing policy. Concerns about illegality, danger, or wrongdoing should be raised under the whistleblowing policy."

Best Practice

For Employers

1. Have clear written procedure
2. Train managers to handle grievances
3. Respond promptly to grievances
4. Take concerns seriously
5. Keep confidentiality where possible
6. Document all stages
7. Follow ACAS Code
8. Learn from grievance patterns

Common Employer Mistakes

• Ignoring or delaying response to grievances
• Treating grievance as personal attack
• Not following own procedure
• Failing to investigate properly
• Not offering right of appeal
• Retaliating against employee for raising grievance