Skip to main content

Insight article

October 3, 2014

Dealing with employee grievances

This business briefing sets out how a business should respond if an employee raises a grievance.

Why is it important to follow the ACAS code?

It can avoid a potential claim

ACAS introduced the Code of Practice on Disciplinary and Grievance Procedures to help businesses and resolve employees’ grievances in the workplace. Dealing with a grievance effectively can avoid employment tribunal claims by allowing the issue to be resolved internally.

It can affect the level of compensation

If an employee’s claim is successful, but either the business or the employee has failed to follow the ACAS Code, the level of compensation awarded can be affected: if the business unreasonably fails to follow the Code, the employment tribunal may increase the employee’s compensation by up to 25%; or if the employee unreasonably fails to follow the Code, the employment tribunal may reduce their compensation by up to 25%.

This regime applies to the majority of claims brought in an employment tribunal, including those related to:

  • discrimination;
  • unfair dismissal; and
  • breach of contract.

How should you handle employee grievances?

The grievance should be raised in writing

A grievance can be any concern, problem, or complaint an employee raises with the business.

If an employee grievance cannot be resolved informally, the employee should raise it in writing with a manager. If the grievance concerns his or her line manager, raise the grievance with another manager.

A failure to raise the grievance in writing does not prevent an employee from bringing an employment tribunal claim. However, in these cases, awards for compensation may be less.

The business should hold a meeting and investigate the complaint

Hold a meeting with the employee to enable them to explain their grievance and to suggest how they think it should be resolved.

If the matter needs further investigation, adjourn the meeting and resume it after the investigation has taken place.

At the conclusion of the meeting, the business should communicate its decision promptly in writing, including details of any action it intends to take to resolve the grievance.

The employee can bring a companion

Employees have the legal right to bring a companion (a fellow worker or a trade union representative) to a grievance meeting.

However, it would be unreasonable for an employee to bring someone whose presence would prejudice the meeting.

The employee has a right to appeal

When communicating the decision, the business should inform the employee that they have a right of appeal.

If the employee is unsatisfied with the outcome, they should make an appeal in writing specifying the grounds of appeal.

If the employee brings a tribunal claim without first going through the appeal process, they may receive a reduced compensation award.

A manager who has not previously been involved in the matter should deal with any appeal where possible.

Ensure you inform the employee in advance of the time and place of any appeal hearing and that they may bring a companion with them.

The business should communicate its decision promptly in writing.

Handling employee grievances during a disciplinary procedure

Employees often submit grievances during disciplinary procedures regarding either the procedure itself or the circumstances leading up to the initiation of that procedure. The business must decide whether to suspend the disciplinary procedure to investigate the grievance fully or deal with them concurrently if the issues are related.

Practical steps businesses can take to improve their grievance procedures

Involve employees or their representatives in developing workplace procedures. Ensure those procedures are transparent and accessible to employees.

Train managers:

  • how to handle employee grievances effectively;
  • when to involve HR;
  • how to spot potential legal claims.

Encourage managers to resolve issues quickly and informally before they get to a formal grievance stage.

Allow employees to put their side of the story at a meeting before undertaking any necessary investigation and again before making a decision.

Keep written records, including minutes of meetings

Communicate decisions effectively and promptly, setting out reasons.

Call employment lawyer Karen Cole today for more information.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • When charity shouldn’t begin at home
    The downfall of the Captain Tom Foundation is a cautionary tale of what happens when a charity gets too close to home — highlighting the complexities of charity governance and accountability in the sector. The foundation, created to continue the fu


    Read more
  • Six tips to make things simple for your executors
    An executor is legally responsible for carrying out the instructions set out in a will.


    Read more
  • Staying ahead in a changing legal landscape
    Regularly reviewing employment contracts and policies is essential for legal compliance and risk mitigation. Stay updated on legislative changes, workplace trends, and best practices to protect your business and employees.


    Read more
  • RIAA Barker Gillette (UK) acts for Alexander Nix in Commercial Litigation
    Press Release


    Read more
  • New sexual harassment rules may signal changes to office parties or a decline altogether
    Tomorrow is expected to be one of the busiest nights for office Christmas parties this year. While these celebrations are a staple of the festive season, offering a chance for colleagues to unwind and bond, they also bring unique challenges for emplo


    Read more

What they say...

  • Mikaela, February 2025
    “Martin was brilliant – so professional and personable. He clearly has a lot of expertise, and we always felt were in safe hands. He’s always available to speak on the phone, and is incredibly patient and reassuring. He worked effic

  • Bibiana Farenzena, February 2025
    “Victoria Holland and Evangelos Kyveris I want to thank you for your involvement and efforts on this case. You have been immensely helpful, and I appreciate all your knowledge and advice regarding this matter.”

  • Dabid Shaw, February 2025
    “Excellent , personalised one to one client care. Options laid out in a comprehensible manner. Fees appropriate for service provided.” Herman Cheung

  • Michael, February 2025
    “Martin was great to work with, despite a very difficult first buyer, second time round was the charm! Thanks to Sharon too.”

  • Annette, February 2025
    “We contacted RIAA Barker Gillette to get our wills arranged. Herman was professional & helpful with all aspects of the process. He explained everything clearly, notified in writing everything we discussed & answered the many questions

Read more
Send this to a friend