How to Run a Fair Grievance Procedure in the UK

What is a Grievance?

A grievance is a formal complaint raised by an employee about a problem or concern at work. Common grievance topics include:

• Bullying or harassment
• Unfair treatment or discrimination
• Changes to terms and conditions
• Health and safety concerns
• Workload or working conditions
• Relationships with managers or colleagues
• Pay or benefits disputes

The ACAS Code of Practice

The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum standards for handling grievances. While not legally binding, employment tribunals must take the Code into account, and an unreasonable failure to follow it can result in an uplift of up to 25% on any compensation award.

Step-by-Step Grievance Process

Step 1: Informal Resolution (Recommended)

Before a formal grievance is raised, consider whether the issue can be resolved informally:

• A conversation between the employee and their manager
• Mediation between the parties
• Involvement of HR to facilitate a resolution

Step 2: Written Grievance

If informal resolution fails, the employee submits a written grievance to their employer. The grievance should:

• State the nature of the complaint clearly
• Include relevant dates, names, and facts
• Explain what outcome the employee is seeking
• Be addressed to the appropriate person (usually their manager or HR, or their manager's manager if the grievance is about their direct manager)

Step 3: Acknowledge and Arrange a Meeting

• Acknowledge the grievance in writing
• Arrange a meeting without unreasonable delay (ACAS guidance suggests within 5 working days)
• Inform the employee of their right to be accompanied by a trade union representative or work colleague
• The meeting should be conducted by a manager who is not the subject of the grievance

Step 4: The Grievance Meeting

• Allow the employee to explain their complaint fully
• Ask clarifying questions
• Do not make a decision in the meeting
• Take notes (or arrange for a note-taker)
• Explain what will happen next and the expected timeline

Step 5: Investigation

• Interview witnesses if relevant
• Review documentary evidence (emails, records, policies)
• Consider whether similar situations have been handled consistently
• Keep the investigation proportionate to the grievance
• Maintain confidentiality as far as possible

Step 6: Outcome

• Communicate the decision in writing within a reasonable timeframe
• Explain the findings and the reasons for the decision
• State any actions to be taken
• Inform the employee of their right to appeal

Step 7: Appeal

• The employee should submit their appeal in writing, stating the grounds
• The appeal should be heard by a more senior manager who was not involved in the original decision
• The appeal hearing follows the same format as the original meeting
• Communicate the appeal outcome in writing
• The appeal decision is final

Key Principles

• Act promptly: Do not let grievances linger unaddressed
• Be impartial: The person hearing the grievance should have no conflict of interest
• Keep records: Document every stage
• Maintain confidentiality: Share information only on a need-to-know basis
• Follow your own policy: Deviating from your published grievance procedure weakens your position
• Consider mediation: At any stage, mediation can be offered as an alternative

Overlapping Grievances and Disciplinaries

Sometimes an employee raises a grievance during a disciplinary process. ACAS guidance suggests:

• If the grievance is related to the disciplinary, consider dealing with both together
• If the grievance is unrelated, it may be appropriate to pause the disciplinary while the grievance is investigated
• Document your reasoning for whichever approach you take

Legal Risks of Poor Grievance Handling

• Constructive dismissal: If an employee resigns because the employer failed to address a grievance, they may claim constructive unfair dismissal
• Discrimination: A grievance about discrimination that is dismissed or mishandled can lead to an Equality Act claim
• Whistleblowing: If the grievance amounts to a protected disclosure, dismissing it could lead to a whistleblowing claim
• ACAS uplift: Up to 25% increase in compensation for failure to follow the Code

How Grove HR Helps

Grove HR provides grievance workflow templates aligned to the ACAS Code, secure case management with restricted access, deadline tracking for meetings and responses, document storage for evidence and witness statements, and outcome letter templates with appeal provisions.