Dealing with a grievance promptly and fairly is vital for employers. Employee grievances can disrupt the workplace, impact morale and lead to costly legal disputes if not handled properly.
Grievances relate to a wide range of issues, including:
- Bullying, harassment, or victimisation
- Discrimination on the grounds of a protected characteristic (e.g. race, gender, disability, age, religion)
- Unfair treatment or inconsistency in the application of workplace policies
- Health and safety concerns
- Pay, bonuses, or other remuneration matters
- Changes to terms and conditions of employment
- Work relationships or management style
Employers are legally required to handle grievances in line with the Acas Code of Practice on Disciplinary and Grievance Procedures. This sets out the basic steps and principles for dealing with a grievance. While the code itself is not law, employment tribunals take it into account when considering relevant cases. If a tribunal feels an employer has unreasonably failed to comply, it can increase an award by up to 25%. Conversely, if an employee fails to comply with the Code (e.g. not raising the grievance internally before bringing a claim), a tribunal can reduce any award by up to 25%.
Most employers also have their own internal grievance policy, often detailed in the staff handbook or employment contract. This policy should, at a minimum, meet Acas standards but may include additional organisational steps or support mechanisms.
Step-by-step guide to handling a grievance
- Step 1 – Acknowledge the grievance promptly
- Respond to the employee as soon as the grievance is received and outline the process you will follow, including approximate timescales.
- Step 2: Attempt informal resolution
- For minor issues, consider a conversation between the employee and employer to see if it can be resolved informally in the first instance. Often, early intervention can resolve issues before they escalate.
- If the grievance is serious, or the employee is unsatisfied with informal resolution, proceed to the formal process.
- Step 3: Investigation
- Begin as soon as possible after receiving a grievance to establish the facts.
- This may include interviewing the employee who raised the grievance, reviewing relevant documents, emails or policies and interviewing witnesses or colleagues.
- Step 4: Arrange a grievance hearing
- Invite the employee to a formal meeting to discuss their grievance. This will give the individual an opportunity to explain the grievance and what outcome they are seeking.
- Employees have the right to be accompanied by a colleague or trade union representative.
- It is important to keep a written record of the meeting.
- Step 5: Decide the outcome
- Review all evidence, investigation notes, and the grievance hearing discussion.
- Decide whether to:
- Uphold the grievance – implement a plan to resolve the issue.
- Reject the grievance – provide clear reasoning.
- Communicate the decision in writing, including:
- Outcome of the grievance.
- Any actions that will be taken (if upheld).
- Timescales for implementation.
- Step 6: Appeal process:
- Offer the employee the right to appeal the decision.
- If an appeal is requested:
- Arrange a separate appeal hearing with an impartial manager who should ideally be at least equally senior as the grievance hearing chair.
- Review the initial decision and any new evidence presented.
- After the appeal hearing:
- Communicate the final decision in writing, including reasoning.
- Document all steps taken for transparency and future reference.
Additional Best Practices
- Keep the employee updated at every stage to reduce stress and uncertainty.
- Maintain accurate records of all grievances, investigations, and decisions. This helps identify patterns and supports future decision-making.
- Ensure fairness, confidentiality, and compliance with company policies and employment law.
To speak to a member of our Employment & HR team about disciplinary, dismissal, or grievance matters, call us on 01244 354 800 / 0151 321 0000 or email employment@dtmlegal.com.
