Handling grievances

Table of contents

Handling grievances 2
Introduction 2
Grievance procedures and the employment
contract 2
Setting out your grievance procedure 3
The statutory grievance procedures 4
Preparing for a grievance hearing 6
Holding a grievance hearing 6
Appeals against grievance decisions 7
Helplines 9
Related guides on businesslink.gov.uk 9
Related web sites you might find useful 9

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 Handling grievances

Subjects covered in this guide

Introduction
Introduction
Even in well-run businesses, it may
Grievance procedures and the employment sometimes be necessary to deal with
contract employees' grievances.

Setting out your grievance procedure Therefore it's crucial that you have written
grievance procedures. If problems do arise,
The statutory grievance procedures these procedures should help you and your
employee resolve them within the
Preparing for a grievance hearing workplace. They should also ensure that
you deal with employees' grievances fairly.
Holding a grievance hearing

Appeals against grievance decisions Your rules and procedures should be set out
in writing and follow the good-practice
Helplines principles set out in the Acas code of
practice on disciplinary and grievance
Related guides on businesslink.gov.uk procedures.
Related web sites you might find useful
Failure to meet either of these requirements
may result in extra compensation for the
employee if they succeed in a tribunal claim.

You can find this guide by navigating to: This guide outlines what you need to put in
your procedures and how to handle
Home > Employing people > Disciplinary grievances issues in practice.
problems, disputes and grievances >
Handling grievances
Grievance procedures and the
employment contract
By law, you must inform each employee of:

• the name of the person to whom they

should apply to seek redress for a
grievance
• how they should make this
application

This information can be included in the

employee's written statement or the written
statement may refer the employee to a
document where they may read it, eg in a

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staff handbook.
If you fail to provide this information to an
employee, they could be awarded two or
four weeks' pay - but only if they succeed in
another employment tribunal claim against
you, eg unlawful discrimination.
The contractual status of grievance
procedures
Your grievance procedure does not
automatically form part of an employment
contract. Therefore, an employee cannot
claim breach of contract if you fail to follow
it.
However, if you choose to make your
procedure contractual and you fail to follow
it when dealing with a grievance, the
employee could bring a breach-of-contract
claim against you.
See our guide on the employment
contract or use our interactive tool to
create a written statement of employment
- Opens in a new window.
Setting out your grievance
procedure
If an employee has concerns or complaints
about their work, employment terms,
working conditions or relationships with
colleagues, they may want to discuss them
or bring them to your attention. They will
then want you to address and, if possible,
resolve these grievances.
The best way to do this is to have a
grievance procedure. If it deals with
grievances in a fair and reasonable manner,
you're much less likely to lose valued and
Handling grievances | Created by Business Link on 16 September 2009 14:43 è Crown copyright 2007
Handling grievances
skilled staff through resignation. It will also
help you successfully defend any claim for:
• constructive dismissal - see our
guide on dismissal
• unlawful discrimination - see our
guide on how to prevent
discrimination and value diversity
The duty to provide a grievance
procedure
You must provide each of your employees
with a written grievance procedure. Your
procedure should follow the good-practice
principles set out in the Acas code of
practice on disciplinary and grievance
procedures.
If you unreasonably fail to follow the code
and the issue ends up at an employment
tribunal, the tribunal could increase the
employee's compensation by up to 25 per
cent.
Read dispute resolution guidance on the
Acas website - Opens in a new window.
The content of a grievance procedure
The exact nature of your procedure will
depend on the size and structure of your
organisation. However, any procedure
should be easy to follow and aim to settle
grievances fairly and quickly. It should also
indicate that you will try to resolve most
complaints and grievances informally, eg by
discussions with the employee's immediate
manager.
The procedure should also:
• State how and with whom to raise
the grievance in the first place.
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• Identify an alternative person with
whom a grievance should be raised if
the usual person is the subject of the
grievance. For example, if the line
manager is the person with whom
grievances should be first raised but
they are the subject of the grievance,
the procedure should name someone
else, eg the line manager's manager.
• Set out to whom the employee
should appeal if they are not satisfied
with the outcome of the initial
grievance hearing – see the page in
this guide on appeals against
grievance decisions.
• State that, if possible, a manager
previously uninvolved in the matter
will hear the appeal.
• Give time limits for each stage,
particularly for lodging and hearing
the appeal.
• Mention that the employee has the
right to be accompanied by a
colleague or union representative at
any meeting.
• Outline what happens if a grievance
is raised during a disciplinary
procedure - see our guide on
handling disciplinary issues.
Consulting employees on your grievance
procedure
You may want to consult employees when
putting together your grievance procedure.
If you have any workplace representatives, it
may be preferable for you to carry out this
consultation via them, ie either trade union
or, if there are none, elected employee
representatives.
The statutory grievance
procedures
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Handling grievances
You must follow one of the statutory
grievance procedures (SGPs) if the issue
about which the grievance is raised (the
'trigger event') occurred before 6 April 2009.
There are standard and modified SGPs. In
almost all cases, you should follow the
standard one.
Before an employee's claim can be
accepted by a tribunal, they must have first
raised a formal grievance with you in writing
and waited 28 days.
Transitional arrangements for applying
the SGPs
You do not have to follow the appropriate
SGP where the trigger event occurred on or
after 6 April 2009.
However, you still have to follow the
appropriate SGP where the trigger event
occurred before 6 April 2009. This is the
case even if - after that date - you invited or
will invite the employee to the grievance
hearing, held or will hold the hearing, or held
or will hold an appeal hearing (if requested).
In these circumstances, you cannot agree
with an employee not to follow the SGPs.
Cut-off dates for tribunal claims falling
under the pre-6 April 2009 regime
Where the action about which the employee
complains began before 6 April 2009 but
continues beyond that date, a cut-off date
applies.
The cut-off date will be 4 July 2009 for
submitting a written grievance or tribunal
claim where an employer takes action which
forms the basis of a grievance with a
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 Handling grievances

raise it until after they left

three-month time limit - eg a sex, race, age
etc discrimination claim.
Alternatively, it will be 4 October 2009 for
submitting a written grievance or tribunal
claim where the employer takes action
which forms the basis of a grievance with a
six-month time limit - eg an equal pay claim.
The standard SGP
The standard SGP has three stages:
1. The employee must set out their
grievance in writing - the statement
should be sent to the person named
in your grievance procedure.
2. Hold a meeting with the employee -
after the meeting, inform them of
your decision and notify them of their
right to appeal.
3. If the employee wishes to appeal,
invite them to a further meeting. See
the page in this guide on appeals
against grievance decisions.
The employee has the right to be
accompanied at both meetings by a
colleague or union representative.
The modified SGP
The modified SGP only applies if:
• the employee no longer works for
you
• you have agreed with the
ex-employee in writing that the
modified - as opposed to the
standard - procedure applies
• the ex-employee raised the
grievance before they left, but the
standard procedure wasn't
completed, or the ex-employee didn't
The modified SGP has two steps:
1. Employee's written statement - the
employee must set out their
grievance and the basis for it in a
written statement and send a copy to
the person given in your grievance
procedure.
2. Your written response - you must
write back to the employee giving
your response to the points they
have raised.
It is important that you follow the 'old' Acas
code of practice on disciplinary and
grievance procedures throughout the entire
grievance process, as the code is taken into
account by tribunals when dealing with
claims.
Download the old code of practice on
disciplinary and grievance procedures
from the Acas website (PDF, 327K) -
Opens in a new window.
When the SGPs do not apply
• The law sets out some
circumstances where you don't have
to follow the appropriate SGP. These
are where:
• The grievance is that you have
dismissed or taken disciplinary action
against an employee (unless this
action involves unlawful
discrimination).
• The grievance is that you are
thinking of dismissing or taking
disciplinary action against an
employee (unless this action involves
unlawful discrimination).
• The issue concerned is a collective
one, ie where the grievance is raised

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by trade union or employee
representatives.
• Owing to factors beyond your control,
it is effectively impossible for you to
complete or even start the
procedure, eg if the employee leaves
the country or becomes seriously ill.
• The employee's behaviour is so
violent or unreasonable that you
cannot be expected to go through the
procedure with them. This exemption
is to cover cases where you have
real reason to fear violence,
harassment or vandalism, not just
where the employee is being difficult
or unpleasant.
Also note that an employee should not raise
a formal grievance when making protected
disclosures, ie when they are 'blowing the
whistle' on illegal activities such as fraud.
Therefore, you should consider having a
'whistleblowing' procedure separate from
your grievance procedure.
See our page on whistleblowing and
dismissal in our guide on dismissal.
Preparing for a grievance hearing
Before you hold a grievance hearing:
• Familiarise yourself with your
grievance procedure so that you
apply it correctly.
• Carry out a full investigation if
necessary, eg where the employee is
accusing a colleague of sexual
harassment.
• Make sure you have all relevant
facts and documents available for
the hearing.
• Arrange for someone to take notes.
• Arrange for another manager to
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Handling grievances
attend the hearing to act as a witness
to the proper conduct of the hearing.
• Arrange a suitable time, date and
venue for the hearing.
• Inform the employee in plenty of
time so they can prepare their case
and consult any representatives.
Remind them that they have the right
to be accompanied at the hearing by
a colleague or trade union official.
• Inform any manager and
witnesses who may need to attend.
• Obtain witness statements from
any witnesses who will be unable to
attend the hearing and share them
with the employee.
Holding a grievance hearing
For any grievance hearing, you should:
• ensure that it's private and won't be
interrupted
• introduce everyone and explain why
they are present
• explain the reason for the hearing
and how it will be conducted
• listen carefully to the person's
explanation of the problem - consider
whether there is another issue which
might be the root cause of the
grievance
• listen to any conflicting points of view
• weigh up all the evidence to see
whether there is an issue you need
to address
It's crucial that you deal with grievances
sensitively and in the strictest confidence,
particularly where they concern other
employees. Develop specific procedures for
very sensitive matters involving unfair
treatment, eg discrimination, bullying or
harassment. See our guide on bullying and
harassment.
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 Handling grievances

Making the decision hearing, particularly if they have to face the

Once the hearing is over:
• decide what action to take - try to
balance fairness to the person
without compromising the business
or other employees
• inform all concerned parties - in
writing - of your decision and the
appeal process - see the page in this
guide on appeals against grievance
decisions
• review your procedure if the
grievance process has highlighted
problems with it
person who is the cause of their grievance.
This can lead in some cases to them being
absent for weeks or even months due to
stress-related illness.
If this situation arises, you can ask the
employee's GP and/or an occupational
health specialist for a medical report. You
must gain the worker's agreement before
doing so.
You should ask for the report to state
whether or not the worker is fit enough to
attend a hearing in the near future:

• If they are deemed fit enough, you

Dealing with delays should arrange the hearing with the
employee in the normal way.
If the employee is genuinely unable to • If not, you might not be able to
attend the grievance hearing, eg because complete the grievance procedure
they are ill, offer them an alternative at a without unreasonable delay. In this
reasonable date and time. situation, you can treat the procedure
as having been completed and make
If the employee's companion cannot make a decision in the employee's
the re-arranged hearing, the employee must absence. However, you should still
propose another date and time no more tell the worker that they can supply
than five days after your proposed date. written material if they wish.

If the employee fails to attend the

rearranged hearing, this stage of the
procedure is complete and you can make
your decision there and then. Don't forget
that you will still have to tell them in writing
of the decision and that they have the right
to appeal.
Note that if you cannot make the hearing,
you must offer the employee a reasonable
alternative date and time.
Appeals against grievance
decisions
An employee has the right to appeal against
your decision following the grievance
hearing. You must notify them of this right
when you write to give them your decision.
Give them a deadline to notify you of their
intention to appeal, eg within ten working
days.

Dealing with long-term absence If the employee chooses to appeal, you

A worker may well become anxious and must try to hold the appeal hearing without
stressed in the run-up to a grievance unnecessary delay.

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Preparing for an appeal hearing
Before you hold an appeal hearing:
• Familiarise yourself with your
grievance procedure to ensure that
you are applying it correctly.
• Make sure you have all relevant
facts and documents, especially if
you have come across new evidence
since the first hearing.
• Arrange for someone to take notes.
• Arrange for another manager to
attend the hearing to act as a witness
to the proper conduct of the hearing.
• Arrange a suitable time, date and
venue for the hearing.
• Inform the employee in plenty of
time so they can prepare their case
and consult any representatives.
Remind them that they have the right
to be accompanied at the hearing by
a colleague or trade union official.
• Inform any manager and
witnesses who may need to attend.
• Obtain witness statements from
any witnesses who will be unable to
attend the hearing and share them
with the employee.
Holding an appeal hearing
The principles for holding an appeal hearing
are generally the same as for the initial
grievance hearing – see the page in this
guide on holding a grievance hearing.
However, at the appeal hearing, you should
also consider:
• the reasoning behind the appeal
• any new evidence since the earlier
decision
Ideally the person hearing the appeal
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Handling grievances
shouldn't be the same person that heard the
initial hearing, eg a more senior manager
who has not been involved with the
grievance process at all. They will be able to
hear any appeal without having any
assumptions.
However, where the person hearing the
appeal is the same person who heard the
first hearing, they should act impartially and
make sure they review the original decision
carefully.
You should write to the worker with your
decision and the reason for it as soon as
possible after the hearing. Make it clear, if
this is the case, that the decision is final.
Dealing with delays
If the employee is genuinely unable to
attend the appeal hearing, eg because they
are ill, offer them an alternative at a
reasonable date and time.
If the employee's companion cannot make
the re-arranged hearing, the employee must
propose another date and time no more
than five days after your proposed date.
If the employee fails to attend the
rearranged hearing, this stage of the
procedure is complete and you can make
your decision there and then. Don't forget
that you will still have to tell them in writing
of the decision.
Note that if you cannot make the hearing,
you must offer the employee an alternative
at a reasonable date and time.
It is important that you notify the employee
as soon as possible of any delays to the
appeal process. If you fail to do so, a
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 Handling grievances

tribunal could increase any compensation Use our interactive tool to create a
awarded against you. written statement of employment - Opens
in a new window

Helplines SGP transitional arrangements on the

Acas Helpline Department for Business, Innovation &
Skills website - Opens in a new window
08457 47 47 47
Download the old code of practice on
disciplinary and grievance procedures
from the Acas website (PDF, 327K) -
Related guides on Opens in a new window
businesslink.gov.uk
The employment contract | Handling
employment tribunal claims | Keep the
right staff records | Work effectively with
trade unions | Working with employee
representatives | Inform and consult your
employees | Handling disciplinaries |
Prevent discrimination and value
diversity | Manage absence and sickness
| How to deal with stress |

Related web sites you might find

useful
Download workplace dispute handling
guidance from the Department for
Business, Innovation & Skills website
(PDF, 466K) - Opens in a new window

Dispute resolution guidance on the Acas

website - Opens in a new window

Disciplinary and grievance handling

online training courses on the Acas
website - Opens in a new window

Guidance on producing disciplinary and

grievance procedures on the Acas
website - Opens in a new window

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