Handling Employee Grievances
Every employee has the right to raise a formal grievance about their treatment at work. How you handle that grievance can be the difference between resolving a workplace problem early and facing an expensive employment tribunal claim. The ACAS Code of Practice sets out the steps you must follow.
Key points
- All employers should have a written grievance procedure — employment tribunals expect it and the ACAS Code requires it.
- An employee raising a grievance has the right to be accompanied at any formal grievance meeting by a colleague or trade union representative.
- Failing to follow the ACAS Code can increase any tribunal award against you by up to 25%.
- Retaliating against an employee for raising a grievance is victimisation under the Equality Act — a separate and serious legal risk.
Receiving and Acknowledging a Grievance
When an employee raises a formal grievance — in writing or verbally — acknowledge it promptly, ideally within five working days. Tell the employee who will handle the investigation and when they can expect a hearing. The person handling the grievance should ideally be someone with no prior involvement in the matter; for small businesses where this is impossible, ensure the person acts as impartially as possible and document this.
Before proceeding to a formal hearing, consider whether the grievance could be resolved informally through a conversation between the parties, or through mediation. Informal resolution is quicker, cheaper, and less damaging to working relationships. However, if the employee insists on a formal process, or if the grievance is serious (allegations of discrimination, harassment, or bullying), proceed formally without delay. Never pressure an employee to drop a formal grievance — this itself can amount to victimisation.
Conducting the Grievance Meeting
Invite the employee to a formal grievance meeting in writing, giving reasonable notice. Remind them of their right to be accompanied by a work colleague or accredited trade union representative. At the hearing, let the employee fully explain their grievance and the outcome they are seeking. Ask questions to clarify the facts; take thorough notes. Do not dismiss the complaint or become defensive — even if you believe it lacks merit, it must be properly investigated.
After the meeting, investigate the facts before reaching a decision. This may involve speaking to witnesses, reviewing documents, or consulting HR or legal advisers. Aim to communicate your decision in writing within a reasonable time (five working days is a common target). Explain the reasons for your decision clearly. Where the grievance is upheld, explain what action you will take. Where it is not upheld, explain why. In both cases, inform the employee of their right to appeal.
Appeals and Record-Keeping
The employee has the right to appeal your grievance decision. The appeal should be heard by someone more senior than the original decision-maker where possible. Treat the appeal as a fresh consideration — not just a procedural review. Communicate the appeal outcome in writing.
Keep thorough records throughout the process: the original grievance, correspondence, investigation notes, meeting notes, and outcome letters. These records are essential if a tribunal claim is subsequently made. Be aware that an employee may raise a grievance tactically — shortly before or after resigning — as a precursor to a constructive dismissal claim. Even in those circumstances, you must still handle the grievance properly. A well-documented response significantly strengthens your position before a tribunal.
Frequently asked questions
What if the grievance is against the most senior person in the organisation?
Can we deal with a grievance and a disciplinary at the same time?
Are we required to keep grievance records confidential?
What to do next
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Official bodies and resources
Advisory, Conciliation and Arbitration Service
GovernmentProvides free, impartial advice on workplace relations and employment law, and offers early conciliation before tribunal claims.
HM Revenue & Customs
GovernmentResponsible for collecting taxes, paying some forms of state support, and administering national insurance.
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