A Guide To Dealing With Employee Grievances

Employee grievances are an inevitable part of managing a workforce. How a business responds can have a significant impact on employee relations, workplace culture, and potential legal risks.

Following a fair and consistent grievance procedure helps employers resolve concerns internally, demonstrate good employment practices, and reduce the likelihood of employment tribunal claims.

This guide outlines the key steps employers should take when managing workplace grievances.

Understanding the Acas Code of Practice

The Acas Code of Practice on Disciplinary and Grievance Procedures provides a framework for employers and employees when dealing with workplace concerns.

While the Code is not legislation, Employment Tribunals take it into account when considering claims.

Following the Code helps businesses:

• Resolve issues quickly and fairly.
• Promote positive employee relations.
• Reduce the risk of tribunal proceedings.
• Demonstrate procedural fairness.

Failure to follow the Code may have financial consequences if a claim proceeds to tribunal.

Receiving a Grievance

A grievance is any concern, complaint or workplace issue raised by an employee.

Many issues can be resolved informally through discussion. However, where informal resolution is not appropriate or has been unsuccessful, the employee should submit a formal grievance.

The grievance should ideally:

• Be submitted in writing.
• Clearly explain the issue or concern.
• Identify any individuals involved.
• Outline the outcome the employee is seeking.

Where the grievance concerns the employee’s line manager, it should be raised with an alternative manager or HR representative.

Investigating the Grievance

Once a grievance has been received, employers should review the issues raised and determine whether an investigation is required.

The extent of any investigation will depend on:

• The seriousness of the allegations.
• The complexity of the issues.
• The evidence available.
• Whether other employees need to be interviewed.

Any investigation should be conducted objectively and without pre-determining the outcome.

Employers should maintain accurate records throughout the process.

Holding a Grievance Meeting

A grievance meeting provides the employee with an opportunity to explain their concerns in detail.

The meeting should allow employers to:

• Understand the issues fully.
• Clarify any facts.
• Discuss possible resolutions.
• Identify whether further investigation is necessary.

If additional enquiries are required, the meeting may be adjourned until the investigation is complete.

The Right to be Accompanied

Employees have a statutory right to be accompanied at formal grievance meetings by:

• A fellow worker; or
• A trade union representative.

The companion may assist the employee during the meeting but should not disrupt the process.

Employers should make reasonable arrangements to facilitate accompaniment where requested.

Communicating the Outcome

Once the investigation and grievance meeting have concluded, the employer should communicate its decision promptly.

The written outcome should include:

• The findings.
• Any action that will be taken.
• The reasons for the decision.
• Details of the employee’s right of appeal.

Clear and timely communication helps reduce misunderstandings and promotes confidence in the process.

Managing Grievances During Disciplinary Proceedings

It is not uncommon for employees to raise grievances while disciplinary proceedings are underway.

In these situations, employers should consider whether:

• The disciplinary process should be paused while the grievance is investigated; or
• Both matters can be addressed at the same time.

The appropriate approach will depend on the relationship between the grievance and the disciplinary issues.

Each case should be assessed individually to ensure fairness.

Appeals

Employees who are dissatisfied with the outcome should be given the opportunity to appeal.

Appeals should:

• Be submitted in writing.
• Clearly state the grounds of appeal.
• Be considered by someone not previously involved in the matter where possible.

An appeal hearing should be arranged, and employees should retain their right to be accompanied.

The appeal decision should be communicated in writing as soon as reasonably practicable.

Best Practice for Employers

Businesses can strengthen their grievance procedures by:

• Maintaining a clear written grievance policy.
• Ensuring procedures are accessible to employees.
• Training managers on grievance handling.
• Involving HR where appropriate.
• Encouraging early and informal resolution of concerns.
• Conducting fair investigations.
• Keeping detailed records.
• Communicating decisions promptly and professionally.

A proactive approach can help prevent workplace disputes escalating into formal grievances or legal claims.

Frequently Asked Questions (FAQs)