Grievance Procedure UK: Employer's Guide

A grievance is a formal complaint raised by an employee about their work or treatment at work. Handling grievances properly is essential - get it wrong and you could face constructive dismissal claims or increased tribunal awards.

What Can an Employee Raise a Grievance About?

Common grievance subjects include:

• Terms and conditions of employment
• Health and safety concerns
• Bullying or harassment
• Working relationships
• New working practices
• Discrimination
• Unfair treatment by managers

Why Handling Grievances Matters

Legal Reasons

• The ACAS Code applies - failures can increase compensation by 25%
• Poor handling can lead to constructive dismissal claims
• May be evidence in discrimination or harassment claims

Business Reasons

• Unresolved grievances damage morale
• Valuable employees may leave
• Problems escalate if ignored
• Tribunals are expensive and time-consuming

The Grievance Procedure: Step by Step

Step 1: Receive the Grievance

When an employee raises a grievance:

1. Acknowledge receipt in writing
2. Confirm you'll investigate
3. Arrange a meeting without unreasonable delay
4. Explain their right to be accompanied

Grievances should ideally be in writing, but you should still deal with verbal complaints appropriately.

Step 2: Investigate

Depending on the nature of the grievance:

• Gather relevant documents
• Interview witnesses
• Review policies
• Check previous similar cases

The investigation should be proportionate to the complaint.

Step 3: Hold a Grievance Meeting

The meeting should:

• Be held without unreasonable delay
• Allow the employee to explain their complaint
• Be somewhere private
• Allow them to be accompanied
• Explore what outcome they're seeking

Don't make promises you can't keep. If you need time to investigate further, adjourn the meeting.

Step 4: The Employee's Companion

Employees have the right to be accompanied at grievance meetings by:

• A work colleague, or
• A trade union representative

The companion can:

• Address the meeting
• Confer with the employee
• Sum up the employee's case

They cannot answer questions on the employee's behalf.

Step 5: Make Your Decision

After investigating and holding the meeting:

• Consider all the evidence
• Reach a decision
• Identify any action to be taken
• Communicate the decision in writing
• Explain the right to appeal

Step 6: Handle Any Appeal

If the employee appeals:

• Acknowledge the appeal
• Arrange an appeal meeting
• Where possible, use someone more senior who wasn't involved
• Consider the grounds of appeal
• Confirm the final decision in writing

Grievance Meeting Tips

Do:

• Listen actively
• Take notes
• Ask clarifying questions
• Remain neutral
• Allow the employee to speak fully
• Explain next steps

Don't:

• Get defensive
• Dismiss concerns
• Make snap judgments
• Promise outcomes you can't deliver
• Breach confidentiality
• Rush the process

Common Grievance Scenarios

Grievance About a Manager

Consider:

• Who should investigate (not the manager complained about)
• Whether to involve HR
• Suspension if allegations are serious
• Communication with the manager

Grievance and Disciplinary Running Together

If an employee raises a grievance during a disciplinary process:

• Consider whether they're linked
• Suspend the disciplinary if needed
• Deal with the grievance first if it would affect the disciplinary
• But don't let grievances be used to derail disciplinary action

Multiple Grievances

If several employees raise similar grievances:

• Consider whether to deal with them collectively
• Be consistent in your approach
• Consider whether there's a systemic problem

Informal Resolution

Not every complaint needs a formal grievance:

• Encourage employees to raise concerns informally first
• Minor issues can often be resolved through discussion
• Mediation can help with relationship issues
• Formal process is for serious or unresolved matters

What If You Find the Grievance Upheld?

If you find in the employee's favour:

• Acknowledge the problem
• Apologise if appropriate
• Take remedial action
• Consider what lessons can be learned
• Review policies if needed
• Monitor the situation

What If the Grievance Is Not Upheld?

If you don't uphold the grievance:

• Explain your reasons clearly
• Acknowledge the employee's concerns
• Explain the right to appeal
• Consider whether any other support is needed
• Monitor the situation

Timescales

The ACAS Code doesn't set specific timescales, but matters should be dealt with "without unreasonable delay":

Stage	Typical Timeframe
Acknowledge grievance	Within 2-3 days
Initial meeting	Within 5-7 days
Investigation	Depends on complexity
Decision	Within 5-7 days of meeting
Appeal meeting	Within 5-7 days of appeal
Final decision	Within 5-7 days of appeal

Record Keeping

Keep records of:

• The original grievance
• Investigation notes
• Meeting notes
• Correspondence
• The decision and reasons
• Appeal documents
• Final outcome

Retain for at least 6 years (limitation period for contract claims).