How to Handle Grievance Procedures UK: ACAS-Compliant Guide

Quick Answer: What Is a Grievance Procedure?

A grievance procedure is a formal process for employees to raise concerns, problems, or complaints about their employment. UK employers should follow the ACAS Code of Practice on disciplinary and grievance procedures. While the Code is not legally binding, employment tribunals will consider whether it was followed and can adjust compensation by up to 25% for unreasonable failure to comply.

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The ACAS Code of Practice

The ACAS Code of Practice on disciplinary and grievance procedures sets out the minimum standards employers should follow. The key requirements are:

• Let the employee raise the matter formally in writing if informal resolution fails
• Arrange a meeting to discuss the grievance without unreasonable delay
• Allow the employee to be accompanied at the meeting by a trade union representative or work colleague
• Investigate the grievance thoroughly and objectively
• Decide on appropriate action and communicate the outcome in writing
• Allow the employee to appeal if they are not satisfied with the outcome

Why Following the Code Matters

If a case reaches an employment tribunal, the tribunal will consider whether both parties followed the ACAS Code. If either party unreasonably fails to follow the Code:

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Step 1: Encourage Informal Resolution

Before a formal grievance is raised, try to resolve the issue informally:

• Talk to the employee -- many grievances arise from misunderstandings that can be cleared up quickly
• Mediation -- a neutral third party can help both sides reach an agreement
• Management intervention -- a change in working arrangements or a conversation with the other party may resolve the issue

Important: Never pressure an employee to drop a grievance or resolve it informally if they want to use the formal process. They have the right to raise a formal grievance at any time.

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Step 2: Receive the Formal Grievance

If informal resolution does not work (or the employee chooses to go straight to the formal process), they should submit their grievance in writing.

The written grievance should include:

• What the complaint is about in sufficient detail
• When the events occurred
• Who is involved
• What outcome the employee is seeking

Acknowledging the Grievance

Respond promptly:

• Acknowledge receipt in writing within 2-3 working days
• Explain the next steps and estimated timeline
• Confirm the right to be accompanied at any formal meeting
• Appoint an investigating manager if relevant (ideally someone not directly involved)

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Step 3: Investigate

A thorough investigation is essential. The depth of investigation should be proportionate to the seriousness of the grievance.

Investigation Steps

Investigation Principles

• Impartiality -- the investigator must approach the investigation with an open mind
• Confidentiality -- share information only on a need-to-know basis
• Thoroughness -- investigate all aspects of the grievance, even if the early findings seem clear
• Timeliness -- complete the investigation without unreasonable delay
• Record keeping -- take detailed notes of all interviews and retain all evidence

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Step 4: Grievance Hearing

After the investigation, hold a formal grievance hearing with the employee.

Before the Hearing

• Give the employee reasonable notice of the hearing (at least 5 working days is good practice)
• Provide copies of all evidence gathered during the investigation
• Remind them of their right to be accompanied by a trade union representative or work colleague
• Arrange an appropriate venue -- private, neutral, and accessible

During the Hearing

• Explain the process and how the hearing will be conducted
• Allow the employee to present their grievance fully, including any new information
• Ask questions to clarify points and explore the issues
• The companion may address the hearing, put the employee's case, sum up, and confer with the employee, but may not answer questions on the employee's behalf
• Adjourn if needed to consider points raised or gather further information
• Take detailed notes (or arrange for a note-taker)

The Right to Be Accompanied

Under section 10 of the Employment Relations Act 1999, the employee has the right to be accompanied at a formal grievance hearing by:

• A trade union representative (who may be an official employed by the union or a lay official certified by the union)
• A work colleague

The companion is not a legal representative. The employee does not have a right to bring a solicitor unless you agree.

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Step 5: Decision

After the hearing, decide on the outcome and communicate it to the employee in writing without unreasonable delay.

Your decision should include:

• A summary of the grievance as you understood it
• What you investigated and your findings
• Your decision on each point raised
• Reasons for your decision
• Any action you will take as a result
• The employee's right to appeal and how to exercise it

Possible Outcomes

Actions You Might Take

• Mediation between the parties
• Changes to working arrangements (e.g., different shifts, teams, or reporting lines)
• Training for the person the grievance is about
• Disciplinary action against the person the grievance is about (this would follow a separate disciplinary process)
• Policy changes to prevent similar issues
• No action if the grievance is not upheld, but with an explanation to the employee

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Step 6: Appeal

If the employee is not satisfied with the outcome, they should be able to appeal.

• The appeal should be heard by a more senior manager who was not involved in the original grievance or investigation
• The employee should set out their grounds of appeal in writing
• An appeal hearing should be arranged without unreasonable delay
• The outcome of the appeal should be communicated in writing and is normally final

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Common Employer Mistakes

• Ignoring or dismissing the grievance without investigation
• Unreasonable delays at any stage -- the ACAS Code emphasises timeliness throughout
• Pre-determining the outcome before completing the investigation
• Not keeping the grievance confidential -- sharing details with people who do not need to know
• Failing to offer the right to be accompanied or restricting who can accompany
• Not offering an appeal or having the same manager hear the appeal
• Retaliating against the employee for raising a grievance (this is unlawful victimisation)
• Confusing grievances with disciplinary matters -- if the grievance is about another employee's conduct, this may need a separate disciplinary investigation
• Not following up on actions promised as part of the grievance outcome

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Overlapping Grievances and Disciplinary Processes

Sometimes an employee raises a grievance during an ongoing disciplinary process. The ACAS Code advises:

• If the grievance relates to the disciplinary process (e.g., the employee alleges bias), consider suspending the disciplinary to deal with the grievance first
• If the grievance is unrelated to the disciplinary, both processes can usually continue in parallel
• Document your reasoning for whichever approach you take

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Using Grove to Manage Grievance Procedures

Grove provides a structured workflow for managing grievance procedures, from initial submission through investigation, hearing, and appeal. Track timelines, store evidence securely, and maintain a full audit trail.

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