A grievance is a formal complaint raised by an employee about their work, their employer, or another employee. Common grievances include complaints about pay, unfair treatment, discrimination, bullying, or harassment. Handling a grievance fairly and thoroughly is essential: it can resolve a workplace problem that might otherwise escalate, and it protects the employer by demonstrating that concerns are taken seriously. Employers must follow the Acas Code of Practice on disciplinary and grievance procedures. As with disciplinary matters, failing to follow the Code can result in a tribunal increasing compensation by up to 25 per cent if the employee brings a claim.
Informal vs formal grievance
Not every concern needs to go through a formal procedure immediately.
Informal resolution. Many workplace issues can be resolved quickly and informally. If an employee raises a concern (verbally or in writing), the manager should listen and try to resolve the matter. This might involve clarification, a discussion with another employee, or a simple change to how something is done. Informal resolution is often the fastest and least disruptive route. However, if the employee asks for the matter to be treated formally or if informal resolution does not work, the employer should move to a formal process.
Formal grievance. A formal grievance is a written complaint. The employee should be invited to a formal grievance hearing, the allegation should be investigated, and the employer should issue a written outcome. The Acas Code of Practice applies to formal grievances.
Step 1: The formal grievance letter
The employee should raise a formal grievance in writing, setting out what they are complaining about, when it happened, and who was involved. The employer should ask the employee to set out what outcome they are seeking (for example, an apology, a change to a policy, or compensation).
If the employee is not comfortable raising a grievance themselves (for example, because they fear retaliation), another employee can raise a grievance on their behalf, or a union representative can do so. However, the employer should speak to the employee themselves to understand their account of events.
Step 2: Acknowledge receipt and invite to a meeting
The employer should acknowledge the grievance promptly (within a few days) and arrange a meeting. The employer should:
- confirm that the grievance has been received
- give a brief outline of how the grievance will be handled
- invite the employee to a meeting (allowing at least five working days’ notice)
- explain that the employee has the right to be accompanied
- confirm who will conduct the meeting
Step 3: Investigate
Before the meeting, the employer should gather the facts. Investigation means:
- speaking to the employee to understand their account in full
- speaking to others involved (such as another employee if the complaint is about their behaviour, or a manager if the complaint is about a management decision)
- gathering relevant documents (emails, records, policies)
- keeping an open mind about what the facts are
The investigation should be thorough and impartial. The person investigating should have no personal interest in the outcome. If the grievance is about a senior manager, the investigation should be handled by someone at a similar level or higher.
Step 4: The grievance hearing
At the grievance hearing, the employer and the employee should discuss the grievance. The employee should:
- explain the grievance in detail
- explain what outcome they want
- answer questions from the employer
The employee has the right to be accompanied by a colleague, union representative, or union official. The companion can help the employee prepare their case and offer support at the hearing.
The employer should:
- listen carefully to what the employee says
- explain the employer’s investigation findings
- discuss possible resolutions
The aim is to establish the facts and agree on a resolution if possible. Some grievances are resolved at this meeting; others require further investigation or reflection.
At the end of the meeting, tell the employee that the employer will consider everything that has been discussed and provide a written outcome, typically within 5-10 working days.
Step 5: Outcome and remedy
After the meeting and further consideration if necessary, the employer should write to the employee with the outcome. The letter should:
- confirm whether the allegation has been upheld, partially upheld, or not upheld
- explain the reasons for this decision
- if the grievance is upheld, set out what action the employer will take to resolve it (for example, an apology, a change to a policy, disciplinary action against another employee, or compensation)
- explain the employee’s right to appeal
If the grievance is upheld, remedy should be practical and timely. For example, if the grievance is about bullying, the employer might require the person responsible to attend training, change working arrangements, or face disciplinary action. If the grievance is about unfair pay, the employer might review pay scales. If the grievance is about discrimination, the employer might review policies and provide training.
Step 6: Appeal
Employees have the right to appeal if they disagree with the outcome. The employee should lodge an appeal in writing, explaining why they believe the decision was wrong. The appeal should be heard by someone senior to the person who made the original decision.
At an appeal meeting, the employee can present new evidence or challenge the original findings. After considering the appeal, the employer must notify the employee of the final decision in writing. This is a final decision, and there is no further right of appeal within the employer’s internal process.
Overlapping grievance and disciplinary issues
Sometimes a formal complaint (grievance) leads to the discovery that an employee has committed misconduct (disciplinary issue). For example, an employee complains about unfair treatment by their manager, but the investigation reveals that the manager was responding to poor performance by the employee. In this case, the employer may need to run both a grievance and a disciplinary procedure. These should be kept separate to avoid confusion:
- the grievance addresses the employee’s complaint
- the disciplinary procedure addresses the misconduct discovered
However, it may be sensible to pause one process while the other is underway if they are closely connected. Always explain to the employee what is happening and why.
Timescales
There are no strict legal timescales for grievances (unlike redundancy, for which law sets consultation periods), but the Acas Code of Practice requires employers to act in a timely manner. As a guide:
- acknowledge a grievance within 2-3 working days
- hold a grievance meeting within 10 working days
- provide an outcome within 5-10 working days of the meeting
- deal with an appeal within similar timescales
Delays can suggest the employer is not taking the grievance seriously. Keep the employee informed if there are reasons for delay, such as the need for further investigation or the unavailability of key people.
Following the Acas Code of Practice
As with disciplinary procedures, following the Acas Code of Practice is important. Key principles include: treat the grievance seriously, investigate thoroughly, give the employee a fair hearing, listen to their case, keep records, and allow an appeal. If a tribunal later finds that an employer has not followed the Code, it can award compensation of up to 25 per cent more than it would otherwise have awarded.
Key points
- Try informal resolution first if the issue is minor or if it has not yet been formalised by the employee.
- If a formal grievance is raised, acknowledge it quickly and arrange a meeting within 10 working days.
- Investigate thoroughly and impartially before the meeting.
- Allow the employee to be accompanied at the meeting and give them a fair hearing.
- Provide a written outcome explaining whether the grievance is upheld and what action will be taken.
- Allow an appeal and ensure it is heard by someone senior to the original decision-maker.
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