Employee grievances are an inevitable part of managing a workforce. Whether concerns relate to another employee, a manager or the organisation itself, employers should deal with grievances fairly, promptly and consistently.

Handling grievances appropriately not only helps maintain positive working relationships but can also reduce the risk of disputes escalating into Employment Tribunal claims.

Can a Grievance Be Resolved Informally?

Not every workplace concern requires a formal grievance procedure.

In many cases, issues can be resolved through an informal discussion between the employer and employee. Early conversations often prevent misunderstandings from developing into more significant disputes.

However, where an employee submits a formal grievance, the issue cannot be resolved informally, or the seriousness of the complaint makes a formal process more appropriate, employers should follow a formal grievance procedure.

Follow the Acas Code of Practice

Any formal grievance procedure should comply with the Acas Code of Practice on Disciplinary and Grievance Procedures as a minimum standard.

Many employers also have their own internal grievance policy, which should be followed alongside the Acas Code.

Failure to comply with the Acas Code can have significant consequences. If an employee successfully brings a related Employment Tribunal claim and the employer has unreasonably failed to follow the Code, any compensation awarded could be increased by up to 25%.

Acknowledge the Grievance

Once a formal grievance has been received, it is good practice to acknowledge it in writing.

The acknowledgement should explain:

  • Who will investigate the grievance
  • How the investigation will be carried out
  • The next steps in the process
  • The likely timescales involved

Keeping employees informed throughout the process helps demonstrate transparency and fairness.

Appoint an Appropriate Investigator

The employer should carefully consider who is best placed to investigate the grievance.

This may be:

  • A line manager
  • A senior manager
  • A member of the Human Resources team

However, where the business is small, resources are limited, or the individual who would usually investigate has been named in the grievance, an alternative investigator should be appointed to avoid conflicts of interest.

Where no suitable internal person is available, employers may wish to appoint an independent external HR consultant.

Carry Out a Reasonable Investigation

Before reaching any conclusions, employers should conduct a reasonable investigation to establish the facts.

Depending on the circumstances, this may include:

  • Meeting with the employee to understand the grievance in more detail
  • Asking the employee how they believe the issue could be resolved
  • Interviewing relevant witnesses
  • Reviewing emails, correspondence and other documents
  • Examining other available evidence, such as CCTV footage or call recordings

The extent of the investigation should always be proportionate to the issues raised.

Hold a Formal Grievance Meeting

The employee should be invited in writing to attend a grievance meeting.

The invitation should explain that they have the right to be accompanied by:

  • A work colleague
  • A trade union representative
  • An official employed by a trade union

During the meeting, the employee should be given the opportunity to explain their concerns in full. The employer can ask questions to clarify the issues and discuss possible ways of resolving the grievance.

It may become clear during the meeting that further investigation is required, in which case, it may be appropriate to adjourn the meeting while additional investigations are carried out.

Communicate the Outcome

Once the investigation has concluded, the employer should decide whether any action is required.

The outcome should be confirmed to the employee in writing and should explain the findings of the investigation and inform the employee of their right to appeal if they are dissatisfied with the decision.

Providing a clear written outcome helps demonstrate that the grievance has been considered properly and fairly.

Why Following the Correct Procedure Matters

Grievances can become particularly complex where complaints involve other employees or overlap with disciplinary proceedings.

Following a fair and transparent process helps employers:

  • Maintain positive employee relations
  • Demonstrate procedural fairness
  • Reduce the risk of Employment Tribunal claims
  • Protect the business from unnecessary legal and financial risk

Every grievance should be considered on its own facts, and employers should ensure they follow the procedure set out in both their own grievance policy (where one exists) and the Acas Code of Practice.

How Gepp Solicitors Can Help

If you need advice on handling an employee grievance or any other workplace issue, our employment law team can provide practical, commercially focused guidance tailored to your business.

Call: 01245 228141

Email: employmentenq@gepp.co.uk

Please note: This article is intended as a general guide only and does not constitute legal advice. Every situation is different, and employers should seek specific legal advice based on the circumstances of their case.