Workplace Grievance Guide for Employers

A grievance is a formal concern or complaint raised by an employee about issues they experience in the workplace.

Employees can raise a grievance at work because of a broad range of workplace problems where the employer’s actions, or those of a work colleague, are felt to have been unfair or unwarranted. These may relate to working conditions, treatment by colleagues or managers, discrimination, bullying, pay disputes or health and safety concerns. Employers have a responsibility to address grievances fairly and in line with legal requirements to maintain a productive and respectful working environment.

Failing to handle grievances properly can lead to serious risks for employers, including low staff morale, increased absenteeism, reputational damage and potential legal claims. Employees who feel their concerns are ignored or mishandled may take their case to an employment tribunal, which can result in financial penalties and damage to the organisation’s credibility.

Employers should ensure employees understand how to raise a grievance, what to expect from the process and their rights throughout. It is important to follow the guidelines set out in the ACAS Code of Practice, as failure to do so can affect tribunal outcomes.

 

What is a grievance?

 

Grievances are complaints raised by an employee to their employer through a formal process.

A grievance can arise in the workplace for various reasons, and employers must be prepared to address different types of complaints effectively. One of the most common grievances relates to bullying and harassment, where employees feel they are subjected to unwanted behaviour that causes distress or intimidation. Employers have a duty to take such complaints seriously and ensure a safe and respectful working environment, following anti-harassment policies and legal obligations under the Equality Act 2010.

Common types of workplace grievances can include:

 

• Discrimination grievances occur when an employee believes they have been treated unfairly due to protected characteristics such as age, gender, race, disability, religion, or sexual orientation. Employers must ensure fair treatment in all aspects of employment and take steps to prevent discrimination in recruitment, promotions and workplace policies.
• Pay disputes often arise when employees feel their remuneration does not align with contractual agreements, market standards, or legal entitlements such as the National Minimum Wage. Handling these grievances requires transparency in payroll processes and clear communication regarding pay structures and any changes affecting employees.
• Concerns related to health and safety can be raised when employees believe their working conditions present risks to their wellbeing. Employers are legally required to assess risks, implement appropriate measures, and provide a safe working environment under the Health and Safety at Work Act 1974.
• Unfair treatment grievances are often brought forward when employees feel they have been subjected to inconsistent or biased actions by management or colleagues. Addressing these concerns requires a fair and impartial approach to ensure that policies and procedures are applied consistently.
• Workplace conflict grievances may arise from disputes between colleagues or departments that affect teamwork and productivity. Employers should encourage open communication, mediation, and conflict resolution strategies to prevent disputes from escalating and affecting morale.
• Flexible working grievances can occur when employees feel their requests for flexible arrangements, such as remote work or adjusted hours, have been unfairly declined. Employers must follow statutory procedures for considering such requests and provide clear reasons if they cannot be accommodated.
• Performance management grievances may involve concerns about how an employee’s work is assessed, the fairness of performance targets, or issues related to training and development opportunities. A fair and transparent appraisal system can help reduce misunderstandings and prevent disputes from arising.
• Whistleblowing grievances involve employees raising concerns about wrongdoing, such as illegal activities, safety breaches, or unethical behaviour within the organisation. Employers must handle these concerns confidentially and protect whistleblowers from retaliation under the Public Interest Disclosure Act 1998.
• Workplace stress grievances can be raised when employees feel that excessive workloads, lack of support, or poor working conditions are affecting their mental or physical health. Employers should take steps to identify sources of stress, provide support, and ensure that workloads are manageable.

 

Employers should ensure they have clear policies in place and that staff feel confident in raising concerns without fear of retaliation.

 

Who can raise a grievance at work?

 

All employees have the right to raise a grievance with their employer, typically through a formal grievance procedure outlined in their contract or staff handbook.

However, not all individuals working for an organisation are classified as employees. Individuals such as agency workers, freelancers, and self-employed contractors do not have the same employment rights as employees under UK employment law. While they may have the right to raise concerns informally, they are not automatically entitled to use the employer’s formal grievance procedure unless it has been explicitly extended to them.

Many organisations choose to include workers, such as agency staff and contractors, within their grievance policies as part of best practice or contractual agreements. It is important for workers to check whether they are covered by the organisation’s grievance procedure by reviewing relevant policies, contracts, or consulting HR.

Regardless of employment status, all workers are entitled to a safe and fair working environment. If formal grievance procedures do not apply, alternative routes such as informal discussions, mediation, or raising concerns through regulatory bodies like ACAS may be available. In cases involving legal breaches, such as discrimination or whistleblowing, statutory protections may still apply, even if the individual is not an employee.

 

Handling a grievance at work

 

Employers should encourage employees to discuss concerns informally with their line manager or supervisor in the first instance. Many workplace issues can be resolved effectively through open communication before they escalate into formal complaints. Managers should be approachable and equipped to handle concerns sensitively and constructively.

If an issue cannot be resolved informally, the employee should be directed to the organisation’s formal grievance procedure. Employers are legally required to have a written grievance procedure in place, which should be easily accessible to all staff, either as a standalone document or within the employee handbook.

The ACAS Code of Practice on Disciplinary and Grievance Procedures provides best practice guidelines that employers should follow to ensure fairness and compliance with employment law. Failure to follow the Code can affect the outcome of an employment tribunal claim.

 

Receiving a formal grievance

 

When an employee raises a formal grievance in writing, it should clearly outline the nature of the complaint, any steps already taken to address the issue, and proposed solutions. The grievance should be acknowledged promptly, and the next steps in the process should be communicated. Employees should be advised to submit grievances to their manager unless the complaint concerns their manager, in which case it should be directed to another senior manager or HR.

 

Grievance hearing

 

Once a formal grievance is received, the employer should arrange a grievance hearing without undue delay. The purpose of the hearing is to fully understand the employee’s concerns and explore possible resolutions. Employers should ensure the meeting is conducted impartially and in accordance with the organisation’s grievance policy. Employees have the right to be accompanied to the hearing by a colleague or trade union representative, and employers must be informed in advance of who will be attending.

Proper preparation is essential to ensure the meeting is productive. The employee should be encouraged to bring any relevant evidence or documents to support their case, while the employer should have all necessary records and information available to facilitate discussion.

 

Providing a decision

 

Following the hearing, the employer should carefully consider all evidence before reaching a decision. The outcome should be communicated to the employee in writing within a reasonable timeframe, including details of any actions to be taken and the right to appeal if the employee is not satisfied with the outcome.

 

Handling an appeal

 

If the employee wishes to appeal the grievance outcome, they should do so in writing, stating the reasons for their dissatisfaction and any new evidence they wish to present. Employers must follow a fair and impartial appeal process, ensuring that the appeal is reviewed by someone not previously involved in handling the original grievance.

A prompt response is crucial, and ACAS guidance recommends that employees appeal within five working days of receiving the grievance outcome. Failure to offer or conduct a fair appeal process could weaken the employer’s position in the event of a tribunal claim.

 

Legal considerations and timeframes

 

If the grievance process does not resolve the issue, employees may consider taking their case to an employment tribunal. Employers should be aware that certain claims, such as those related to unfair dismissal or discrimination, must be filed within three months less one day from the date of the incident. This means that the grievance process should be managed efficiently to avoid unnecessary delays that could impact tribunal deadlines.

Employers are encouraged to seek legal or HR advice when handling complex grievances to ensure compliance with employment law and to mitigate potential risks. Maintaining clear communication, accurate records, and a consistent approach to handling grievances will help foster a positive workplace culture and reduce the likelihood of disputes escalating further.

 

Grievance before tribunal claim?

 

There is no universal, mandatory requirement for an employee to make a formal grievance before initiating an employment tribunal claim, such as constructive dismissal. However, depending on the facts of the case, the tribunal has the power to reduce any compensation awarded to a claimant on the basis of not making a formal grievance, unless exceptional grounds apply.

Employees are generally expected to exhaust all other routes to resolve the issue first. If the employee has followed the organisation’s internal grievance procedure and raised the matter with ACAS early conciliation, but the matter remains unresolved, they may bring a claim to the employment tribunal. A tribunal claim should always be the option of last resort.

 

Best practices for employers

 

Employers should have well-structured procedures in place to handle grievances, ensuring that workplace concerns are dealt with fairly and consistently. A well-defined grievance process gives employees confidence that their issues will be taken seriously and handled properly. It also allows employers to address problems early, preventing them from escalating into bigger disputes.

A written grievance policy provides employees with guidance on how to raise concerns and what they can expect throughout the process. It should outline the steps involved, from informal discussions to formal investigations and appeals. Making the policy easily accessible, whether in an employee handbook or an internal platform, helps staff understand their rights and responsibilities when dealing with workplace issues.

Managers should be equipped with the right skills to manage grievances appropriately. Training helps them to listen to concerns, follow procedures correctly, and approach situations with fairness and professionalism. Support from HR can be valuable in ensuring the right processes are followed and that legal requirements are met. HR teams can also provide advice on handling sensitive situations and maintaining proper documentation.

Encouraging employees to discuss concerns informally can often lead to quicker resolutions and prevent formal procedures from being necessary. Fostering a culture where people feel comfortable raising issues and having open conversations can lead to better working relationships and a more positive environment overall. Regular engagement with employees can also help identify potential issues before they develop further.

When formal grievances are raised, handling them thoroughly and without bias is essential to maintaining trust in the process. Appointing an impartial investigator, gathering all relevant information, and ensuring accurate record-keeping are key steps in achieving fair outcomes. Following a structured approach also helps demonstrate that grievances are being treated seriously and consistently.

Employers should regularly review grievance procedures to ensure they remain relevant and in line with current employment laws. Analysing grievance trends within the organisation can highlight recurring patterns that may point to broader workplace challenges, such as management practices or organisational culture.

Taking grievances seriously and dealing with them properly can help to foster a workplace where employees feel heard and valued. A well-managed grievance process not only helps resolve individual concerns but also contributes to a more supportive and productive work environment.

 

Need assistance?

 

Our employment lawyers are on hand to support and advise employers with all aspects of workforce disputes, such as handling grievances. Contact us for help and advice.

 

Grievance FAQs

 

What is a grievance in the workplace?

A grievance is a formal complaint raised by an employee about issues they are experiencing at work. These issues may include concerns related to working conditions, treatment by colleagues or managers, pay disputes, discrimination, or health and safety concerns.

 

How should an employee raise a grievance?

An employee should follow their employer’s grievance procedure, which usually involves submitting a written complaint to their line manager or HR department. It is often recommended to attempt an informal resolution first, but if this is not successful, a formal grievance can be raised in writing.

 

What are an employer’s responsibilities when handling a grievance?

Employers must address grievances fairly, promptly, and in accordance with their grievance procedure and employment law. This includes acknowledging the grievance, conducting an impartial investigation, and ensuring the employee is kept informed throughout the process.

 

Can an employee appeal a grievance outcome?

Yes, if an employee is not satisfied with the outcome of their grievance, they have the right to appeal. The appeal should be submitted in writing, stating the reasons for dissatisfaction, and should be reviewed by someone not involved in the original decision.

 

What should be included in a grievance response letter?

A grievance response letter should acknowledge receipt of the complaint, outline the steps that will be taken to investigate the matter, provide an estimated timeline for resolution, and offer any necessary support to the employee.

 

How long does an employer have to respond to a grievance?

While there is no strict legal timeframe, employers are expected to handle grievances without unnecessary delays. The ACAS Code of Practice recommends that grievances be dealt with as soon as reasonably possible, with clear timelines communicated to the employee.

 

What happens if an employer ignores a grievance?

Ignoring a grievance can lead to further disputes, low morale, and potential legal claims, such as constructive dismissal or discrimination claims. Employees may escalate their concerns to an employment tribunal if they feel their grievance has not been addressed properly.

 

Can an employee raise a grievance after leaving their job?

An ex-employee can raise a grievance if the issue relates to their employment and occurred while they were still working for the organisation. Employers are encouraged to address such grievances to avoid potential legal action.

 

Are employers legally required to follow the ACAS Code of Practice?

The ACAS Code of Practice is not legally binding, but failure to follow it can be taken into account by an employment tribunal and may result in financial penalties for the employer if the case is not handled properly.

 

How should grievances about bullying and harassment be handled?

Grievances related to bullying and harassment should be taken seriously, investigated thoroughly, and addressed in line with the organisation’s policies and legal obligations under the Equality Act 2010.

 

What role does HR play in the grievance process?

HR is responsible for providing guidance on the grievance procedure, ensuring compliance with employment law, supporting managers in handling complaints fairly, and maintaining accurate records throughout the process.

 

Can mediation be used to resolve a grievance?

Mediation can be a helpful way to resolve grievances, particularly those involving interpersonal conflicts. A trained mediator can help both parties find a mutually agreeable solution without the need for formal procedures.

 

Glossary

 

Term	Definition
Grievance	A formal complaint raised by an employee regarding workplace issues such as pay, working conditions, or treatment by colleagues or management.
ACAS	The Advisory, Conciliation and Arbitration Service, which provides guidance on employment law and best practices, including grievance handling.
Grievance Procedure	The formal process set by an employer to address and resolve employee complaints in a fair and consistent manner.
Bullying	Unwanted behaviour that causes distress, humiliation, or intimidation to an employee, often involving misuse of power or influence.
Harassment	Unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, or offensive environment.
Discrimination	Unfair treatment of an employee based on characteristics such as age, gender, race, disability, religion, or sexual orientation, covered under the Equality Act 2010.
Constructive Dismissal	When an employee resigns due to an employer’s serious breach of contract, such as failure to address a legitimate grievance.
Mediation	A voluntary process where an independent third party helps resolve workplace disputes and reach a mutually acceptable solution.
Reasonable Adjustments	Changes made to the workplace or work processes to support employees with disabilities and ensure equal opportunities.
Employment Tribunal	A legal body that resolves disputes between employers and employees, including grievances related to unfair treatment or discrimination.
Appeal	The process of challenging a grievance decision if an employee is dissatisfied with the outcome and believes it was unfair or incorrect.
Whistleblowing	Reporting wrongdoing within an organisation, such as illegal activities or breaches of regulations, protected under the Public Interest Disclosure Act 1998.
Flexible Working	A working arrangement that allows employees to adjust their working hours, location, or patterns to better suit their needs and responsibilities.
Performance Management	The process of assessing and improving employee performance through regular reviews, feedback, and goal-setting.
Payroll	The system used to calculate and distribute employee wages and salaries, including tax and pension deductions.
Workplace Stress	The physical or emotional strain experienced by employees due to excessive workload, poor management, or lack of support.
Fair Treatment	Ensuring employees are treated consistently, without bias, and in accordance with employment laws and workplace policies.
Confidentiality	The principle of keeping grievance-related information private and sharing it only with those directly involved in the resolution process.
HR (Human Resources)	The department responsible for managing employee relations, including grievances, recruitment, performance, and workplace policies.
Time Limits	The specified period within which an employee must raise a grievance, usually outlined in the employer’s grievance procedure or legal guidelines.