A workplace concern can become much harder to resolve once trust has broken down. A clear employee grievance procedure gives employees a recognised route to raise concerns and gives employers a fair framework for responding before a dispute escalates.
Grievances can concern one-off incidents or longer-running problems: bullying, discrimination, pay, unsafe working practices, changes to duties, unfair treatment by a manager, or a breach of contract. The right response depends on the facts, the seriousness of the allegation and the working relationship. What should not vary is the need for a prompt, impartial and properly documented process.
What is an employee grievance procedure?
An employee grievance procedure is the process an employer uses to investigate and resolve a concern raised by an employee. In the UK, employers should follow the Acas Code of Practice on disciplinary and grievance procedures. The Code is not legislation in itself, but tribunals take it seriously. Where an employer or employee unreasonably fails to follow it, a tribunal may adjust certain compensation awards by up to 25 per cent.
A procedure should be available to employees, usually in a staff handbook or policy. It should explain who a grievance should be raised with, how meetings will be arranged, the right to be accompanied, how an investigation will be conducted, and how an appeal can be made.
For employers, the aim is not simply to complete a process. It is to understand what happened, make a reasoned decision and take proportionate action. For employees, the process creates a formal record of the concerns raised and the employer’s response. That record can matter significantly if the dispute later leads to a settlement discussion or employment tribunal claim.
When should a grievance be raised?
Where appropriate, an informal conversation may resolve a minor issue quickly. For example, an employee may be able to clarify a misunderstanding about annual leave, workload or communication directly with their manager. Informal resolution is usually less adversarial and can preserve a working relationship.
However, informal action is not always suitable. A formal grievance may be necessary where the concern is serious, has not been resolved informally, involves a manager, or relates to discrimination, harassment, whistleblowing, pay, health and safety or a potential contractual breach. An employee should not be pressured to resolve serious allegations informally, particularly where there is a power imbalance or a risk of further harm.
Employers should also recognise when a grievance overlaps with another process. A complaint of sexual harassment may require immediate protective steps as well as a grievance investigation. A grievance raised during a disciplinary process may need separate consideration, although it will not always be necessary to pause the disciplinary process. The fair approach depends on whether the grievance could materially affect the disciplinary allegations or the fairness of the outcome.
The employee grievance procedure step by step
Put the grievance in writing
The employee should set out the concern clearly, including relevant dates, people involved, key events and the outcome sought. Supporting documents, messages or names of witnesses can be identified where available. The employee does not need to use legal language, but vague complaints are more difficult to investigate fairly.
The written grievance should normally be sent to the line manager. If the manager is involved in the complaint, it should be sent to another senior manager, HR contact or person specified in the policy. Employers should acknowledge receipt promptly and explain the next steps.
Investigate before reaching conclusions
A fair investigation is central to a defensible outcome. The investigator should be impartial and have sufficient authority and knowledge to conduct the process. In a small business, complete separation may be difficult, but the employer should still select the most independent person reasonably available.
The scope of the investigation should match the allegations. It may involve reviewing correspondence, personnel records, rotas, CCTV where lawfully available, policy documents and witness evidence. Witness accounts should be approached carefully. Confidentiality should be respected, but it cannot usually be promised absolutely because relevant evidence may need to be shared to allow a fair response.
Employers should avoid deciding the outcome before hearing from all relevant parties. Equally, an investigation should not become open-ended. Keep the employee updated if there is a genuine delay and explain why more time is needed.
Hold a grievance meeting
The employer should invite the employee to a meeting to discuss the grievance. The invitation should give reasonable notice and explain the right to be accompanied by a colleague or trade union representative. In some circumstances, allowing another companion may be a sensible adjustment, particularly where disability is involved.
The meeting is an opportunity to clarify the allegations, test the evidence and understand what resolution the employee is seeking. It is not a hearing in which an employee must prove their case beyond doubt. The employer should listen carefully, ask focused questions and keep an accurate note.
If the employee raises concerns about attending in person, alternatives such as a remote meeting, a different venue or written questions may be appropriate. A rigid approach can create unnecessary risk, especially where the grievance concerns anxiety, harassment or disability-related issues.
Give a reasoned written outcome
After considering the evidence, the employer should provide a written decision without unreasonable delay. The outcome should address the substance of the allegations, state which concerns are upheld, partly upheld or not upheld, and explain the reasons.
Where action is required, the employer does not always need to disclose confidential disciplinary sanctions given to another employee. It should, however, give enough information to show that the complaint has been taken seriously and that appropriate steps are being taken. Possible actions may include management guidance, training, a change to reporting lines, mediation, policy review or disciplinary action.
A carefully written outcome is particularly important where the complaint concerns protected characteristics, protected disclosures or conduct that could amount to a repudiatory breach of contract. It should reflect the evidence, not simply assert a conclusion.
Allow a genuine appeal
The employee should have the right to appeal if they believe the grievance was not handled fairly, relevant evidence was overlooked, the findings were unreasonable or the proposed action is inadequate. Appeals should usually be submitted in writing within the timeframe set out in the policy.
An appeal should be heard by someone who has not previously been involved and, where possible, is more senior. It is not merely a formality. The appeal officer should consider the grounds raised, review relevant material and decide whether the original outcome should stand, be amended or be reconsidered.
Common mistakes that increase legal risk
The most damaging errors are often procedural rather than dramatic. Delaying the process without explanation can make an employee feel ignored and can weaken the employer’s position. Treating a complaint as a personality clash without examining the underlying facts may miss discrimination, harassment or whistleblowing issues.
Employers can also create risk by allowing the accused manager to control the investigation, failing to keep records, or giving a brief outcome with no clear reasoning. A grievance process should not be used to manage someone out of the business or to discourage them from asserting statutory rights.
Employees, meanwhile, should avoid waiting too long to take advice where the issue may give rise to a legal claim. Raising a grievance does not usually stop the time limit for bringing an employment tribunal claim. Many claims have a primary time limit of three months less one day, and early conciliation through Acas is normally required before a claim can be issued. The detail can be complex, so early advice is often the safest course.
Grievances, settlement discussions and tribunal claims
A properly handled grievance can resolve a dispute without formal litigation. It may lead to practical changes, an apology, reinstatement of pay, a move to another team or an agreed exit under a settlement agreement. But a grievance is not always the right route to resolution, particularly where trust has already irretrievably broken down.
For employers, legal advice at an early stage can help define the investigation scope, protect procedural fairness and assess exposure. For employees, advice can help identify whether the grievance should address discrimination, whistleblowing, contractual rights or other legal issues, and whether a proposed outcome genuinely protects their interests.
Arcos Employment supports employees and employers through workplace grievances with clear guidance, practical strategy and confident representation where a dispute cannot be resolved internally.
A grievance should be treated as a serious opportunity to put matters right, not as a box-ticking exercise. Acting promptly, documenting decisions and seeking advice before positions harden can protect both the working relationship and the options available if it cannot be repaired.