Handling an employment grievance

Most employers will, at some stage, receive a grievance from a member of staff, whether raised informally or formally.  Not every employer has a designated HR department to guide them on the correct process.  Escalation of complaints can be avoided as many issues can be resolved quickly through an informal discussion with a line manager.

Below are the questions we’re most often asked about handling grievances, together with the key steps you should follow. Taking a structured approach will help you comply with the ACAS Code of Practice and reduce the risk of disputes escalating into formal claims.

A grievance is a complaint an employee has about something in the workplace. The purpose of a grievance procedure is to give the employee an opportunity to have their concerns considered promptly and fairly and, where appropriate, resolved at the earliest practicable opportunity.

If a grievance cannot be settled informally, or if the nature of the complaint means it is not appropriate to try to resolve it informally, it should be handled through a formal grievance process. A fair procedure is usually broken into stages.

You may receive a written complaint without the employee expressly describing it as a “grievance”.  If it is not clear (taking account of the content and seriousness of what is raised), it is reasonable to ask the employee whether they want the matter dealt with informally or through the formal grievance process.

On receipt of a written grievance, you should acknowledge it in writing and, where possible, arrange a grievance meeting. If you need time to decide who is best placed to hear the grievance, you should still send an acknowledgement promptly.

The ACAS Code of Practice expects matters to be dealt with without unreasonable delay. It is therefore sensible to note the date the grievance was received and work proactively to schedule the meeting.

It is also important that the person who hears the grievance (the Grievance Officer) is not named in the grievance and has not been otherwise involved. The Grievance Officer must be impartial.

You should send a written invitation to the employee confirming the arrangements for the grievance meeting. The invitation should:

• identify the Grievance Officer;
• confirm whether there will be a note-taker (who must also not be named in the grievance);
• set out the date, time and location (or format) of the meeting; and
• remind the employee of the statutory right to be accompanied by a fellow employee, a trade union representative, or an official employed by a trade union.

Practical point: check whether any adjustments are needed, for example because of a disability or language difficulties.

The meeting gives the employee the opportunity to explain their grievance and what outcome they are seeking. It helps to have a copy of the written complaint to hand so that the Grievance Officer and the employee can work through the points raised.

This is also the stage at which the Grievance Officer should gather as much information as possible, as it will help them decide what further investigation is required and whether witnesses need to be interviewed.

The Grievance Officer should then carry out any reasonable investigation. This may include speaking to those named or identified in the grievance (as applicable), reviewing documents, and checking any facts relied on by the employee.

Where other individuals are interviewed, it is good practice to take minutes of those meetings rather than relying on a brief summary. The note-taker who attends the grievance meeting can also take notes of any additional meetings.

A clear paper trail is important. It helps demonstrate that the employer has carried out a reasonable investigation and followed the ACAS Code of Practice.

It may be necessary to interview the employee again after the investigation, if more information has come to light which needs to be discussed.

Once the investigation is complete, the Grievance Officer must decide what action (if any) to take and confirm the decision in writing (the outcome letter).

The outcome letter should:

• address each grievance point;
• confirm which points are upheld and which are not; and
• set out any steps the employer intends to take as a result.

If any complaints are upheld, further steps may be required, for example training for those involved, management action, or (in appropriate cases) disciplinary proceedings.

The outcome letter should also confirm the right of appeal and the timeframe for doing so, in line with the organisation’s grievance policy. It should be issued without unreasonable delay.

Top tip: keep communication open. If the investigation will take longer than anticipated, update the employee so they understand what is happening and why.

If the employee feels the grievance has not been resolved satisfactorily, they may appeal in writing. The appeal should set out the grounds of appeal.

On receipt of an appeal, a more senior manager or director should usually hear it (the Appeal Officer). The Appeal Officer should not be named in the grievance and should not have been previously involved.

As with the grievance meeting, the employee should be invited in writing to an appeal meeting with details of the date, time and location (or format), the note-taker (if applicable) and a reminder of the statutory right to be accompanied.

The appeal meeting should be held without unreasonable delay after receipt of the appeal. At the meeting, the Appeal Officer and the employee should work through the grounds of appeal.

The Appeal Officer should carry out any further reasonable investigation arising from the grounds of appeal. An appeal should not be treated as a “tick-box” exercise. Depending on the issues raised, it may be appropriate to re-interview witnesses or speak to additional witnesses.

The scope of investigation is a matter of reasonableness and judgment. For example, it may not be reasonable to interview a large number of new witnesses put forward at the appeal stage, but it may be reasonable to re-visit key witnesses where there is clear ambiguity or a material inconsistency in the evidence.

After the meeting and any investigation, the Appeal Officer must decide what action (if any) to take and confirm the decision in writing.

The appeal outcome letter should address each appeal point and explain whether the grounds are upheld. It should also set out any action the employer intends to take.

The Appeal Officer may change the outcome of the original grievance. For example, if a complaint was not upheld at the grievance stage but the Appeal Officer reaches a different conclusion based on the appeal findings, the complaint may be upheld.

This will depend on the complaint and the findings, but examples include:

• moving one employee to another team where working relationships have broken down (including, where appropriate, changing reporting lines);
• commencing disciplinary proceedings where bullying or harassment is upheld;
• requiring training or coaching where the issue is misconduct at a lower level (for example communication style or equal treatment); or
• granting a request that was previously refused (for example permission to attend relevant training).

There is no further internal right of appeal once the appeal decision has been issued. If the employee remains dissatisfied, they may seek to raise the matter externally (for example via ACAS and/or the Employment Tribunal).

Not all grievances run smoothly. Below are two common issues that can arise.

It will depend on the nature of the grievance and what is happening within the disciplinary or performance process.

• If the grievance concerns the fairness of the procedure (for example an alleged conflict of interest or concerns about how evidence has been handled), it may be reasonable to pause the disciplinary/PIP temporarily to allow the grievance to be investigated. Whether to pause will depend on the circumstances, but a risk can arise if the complaint is ignored, as this may conflict with the ACAS Code of Practice.
• If the grievance and disciplinary/PIP issues are closely linked, it may be possible to run the grievance alongside the disciplinary/PIP. Remember that a right of appeal should be provided in both processes.

Where a grievance is raised after a disciplinary outcome, it may in substance be an appeal against the disciplinary decision. It will depend on the content of the complaint.

For more information on handling disciplinary hearings in the workplace, see our blog.

Sometimes multiple employees raise grievances about the same issue. These are often referred to as collective grievances and can be more common where a trade union is involved.

The ACAS Code of Practice does not apply to collective grievances. However, it is still sensible to follow a reasonable process, broadly in line with the steps above, and to apply any separate collective grievance process agreed with the union.

If there is no trade union, and multiple employees raise the same (or a very similar) complaint, a process loosely based on the steps above is often a helpful starting point.

Handled well, grievances can often be resolved without lasting damage to working relationships. Where the facts are contested, the allegations are sensitive (for example discrimination or whistleblowing), or the potential consequences are significant, it is sensible to take advice at an early stage. Doing so can help you set the right scope for the investigation and keep the process on track.