A grievance is any concern, problem, or complaint that an employee raises with their employer. It might relate to working conditions, relationships with colleagues, management decisions, or a perceived breach of their rights. How you respond to a grievance matters — not only for legal compliance, but for workplace morale, trust, and retention. An employer who handles grievances fairly and promptly is far less likely to see matters escalate to tribunal claims or lose good people over unresolved issues.
The Formal Grievance Procedure
It is good practice for every employer to have a written grievance procedure, usually set out in the staff handbook or a standalone policy. The ACAS Code of Practice on Disciplinary and Grievance Procedures provides the standard that tribunals expect employers to follow. Although the Code is not legally binding in itself, a failure to follow it unreasonably can lead to an adjustment of up to 25 per cent in any compensation awarded at tribunal.
When a formal grievance is raised, the first step is to acknowledge it promptly. The employee should know that their concern has been received, who will be handling it, and roughly how long the process is likely to take. Delays — or worse, silence — tend to inflame the situation and can be held against the employer if the matter proceeds further.
Investigating Thoroughly
An effective investigation is the backbone of any fair grievance process. The investigating manager should speak to the employee who raised the grievance in detail, identify any witnesses, and gather relevant documents or records. The investigation should be approached with an open mind. It is not the investigator's role to defend the employer's position, but to establish the facts as clearly as possible.
Confidentiality should be maintained where possible, though the employee must usually be told the broad nature of any evidence being considered, including witness statements. Witnesses should be reassured that they will not face retaliation for cooperating. Detailed notes should be kept throughout.
The Grievance Meeting
Once the investigation is complete, the employee should be invited to a grievance meeting. Like a disciplinary hearing, this should be arranged with reasonable notice — typically a few days at minimum — and the employee has a statutory right to be accompanied by a trade union representative or a colleague. The companion may address the meeting, confer with the employee, and sum up their case, but they do not have the right to answer questions on the employee's behalf.
The meeting should have a clear structure: the chair outlines the process, the employee explains their grievance, the evidence is reviewed, and the employee has a full opportunity to respond. Notes should be taken by an independent person. After the meeting, the chair should take time to consider the evidence before reaching a decision, rather than giving an immediate response.
The Decision and Follow-Up
The outcome should be communicated to the employee in writing, normally within a few working days. The letter should set out the decision, the reasons for it, and any action the employer intends to take. If the grievance is upheld, the employer should explain what will change and when. If it is not upheld, the reasons should be clear and respectful.
Employers should also offer a right of appeal, heard by someone who was not involved in the original meeting. The appeal procedure should mirror the original process: written notice, a meeting, and a written outcome. After the matter is concluded, it is good practice to check in with the employee a few weeks later to see whether the situation has improved and whether any further concerns have arisen.
Grievances That Overlap with Disciplinary Proceedings
It is not uncommon for an employee to raise a grievance during or after a disciplinary process — for example, claiming that the disciplinary action is unfair, motivated by discrimination, or based on incorrect evidence. Employers should treat the grievance as a separate matter, although there may be times when it is sensible to pause the disciplinary process until the grievance has been considered, particularly if the grievance challenges the integrity of the disciplinary investigation itself.
ACAS guidance suggests that, where a grievance is raised during disciplinary proceedings, it should be dealt with under the grievance procedure. Depending on the circumstances, the employer may be able to deal with both issues concurrently or may need to hear them separately. The key is to avoid prejudging either matter and to ensure both are given proper consideration.
Getting It Right First Time
Fairness and speed are the two most important factors in resolving grievances well. An employer who drags their feet, fails to keep the employee informed, or reaches a decision that appears predetermined is likely to create more problems than they solve. Conversely, an employer who listens carefully, investigates thoroughly, and responds transparently will usually find that even difficult situations can be resolved internally.
If you are unsure how to handle a grievance, or if the matter involves complex issues such as discrimination, harassment, or whistleblowing, it is strongly advisable to seek professional HR advice before proceeding. The cost of getting it wrong can be significant — not just financially, but in terms of lost trust and damaged workplace relationships.