The Complete Guide to the Grievance Procedure in the UK
The Grievance Procedure
Grievance Procedure
The grievance process for an employee is a formal set of steps designed to address "concerns, problems or complaints that employees raise with their employers". It is important for an employee to approach this process with an open mind and be willing to listen to their employer's point of view, as this can significantly dictate the outcome.
Here are the typical steps an employee can expect and what they should be aware of:
1. Preventive Measures and Informal Resolution
Initial Approach
Many potential grievance issues can and should be resolved informally. Employees should initially aim to settle most grievances informally with their line manager, as many problems can be raised and settled during everyday working relationships.
Verbal Grievances
Most employees will raise a grievance issue verbally before putting it in writing. It is prudent for the employer to respond appropriately to any verbal grievances.
2. Raising a Formal Grievance
When Informal Grievance Fails
If informal resolution is not possible or has failed, an employee should raise the matter formally.
Make Written Submissions
The grievance should be submitted in writing, without unreasonable delay, to a manager who is not the subject of the grievance. The Employment Appeal Tribunal (EAT) has confirmed that for the grievance provisions of the Acas Code of Practice to be engaged, a grievance needs to be put in writing. If it's unclear whether the employee intended to raise a formal grievance, the employer should seek clarification.
Content of the Grievance Letter
It should clearly set out the nature and basis of the complaint, focusing on facts.
Employees should provide as much relevant factual detail as possible and ensure the information is accurate and correct to help the employer investigate promptly.
If there are multiple issues, it is helpful to set them out under separate headings.
Employees should provide details of any relevant witnesses who may corroborate facts, where they feel comfortable doing so.
Any relevant documentation should also be attached.
Bear in mind that the letter may become evidence in a subsequent tribunal claim.
3. Employer's Initial Actions on Receipt (from Employee's Perspective)
Once a formal grievance is received, the employee can expect the employer to:
Acknowledge Receipt
The employer should acknowledge receipt in writing.
Initial Meeting
The employer should invite the employee to an initial meeting to discuss the next steps and to clarify the scope of the necessary investigation. This meeting should be held without unreasonable delay, at a reasonable time and place, and with sufficient notice. At this meeting, the employer should clarify aspects of the grievance and confirm if the employee wishes for it to be dealt with formally, or if alternative resolutions like informal handling, an apology, or mediation are preferred.
Support and Guidance
The employee should be advised of the internal and external support and guidance available to them, such as counselling, staff support networks, trade union representatives, or specialist external organisations.
Adjustments
The employer should ascertain if any additional arrangements or reasonable adjustments are needed, for example, for a disabled employee or if there are language difficulties, such as arranging an interpreter.
4. Investigation
Purpose
The employer will conduct an investigation, which is a fact-finding exercise to collect all relevant information to make an informed decision.
Employee's Role
The employee may be asked to attend investigation meetings to provide their account and evidence.
Meeting Conduct
During investigation meetings, the investigator should explain who is present, their role, the purpose of the meeting, and the need for confidentiality. The employee will be asked to review and agree that their statement accurately reflects the information they provided.
Confidentiality
While confidentiality is paramount for the employer, the employee who has raised the grievance is free to discuss the matter with their employee representative.
Witness Statements/Evidence
There is no specific right in the Acas Code for an employee to automatically see interview notes, witness statements, or other evidence obtained during an investigation. However, this information may be disclosed if the employee makes a subject access request under UK GDPR or during subsequent litigation.
Temporary Measures
In some situations, the employer might consider temporarily moving the employee or the subject of the grievance to a different work location or role.
Awareness
It would generally not be appropriate to move the employee who raised the grievance unless they ask to be moved, as it could be seen as a punishment or victimisation.
Recording Meetings
While remote meetings may be digitally recorded with the agreement of everyone involved, employees should be explicitly directed not to covertly record hearings or discussions without consent. Covert recordings of private discussions of the employer's panel are generally not admissible in tribunals, but the transcripts still constitute evidence and stop the employer from changing the narrative.
5. Grievance Hearing
Timing
The grievance hearing should be held without unreasonable delay. The Acas Code suggests that an initial meeting could be held quickly and then adjourned for investigation, reconvening later.
Remote Hearings
If held remotely (e.g., via video), the employer should ensure everyone has access to the necessary technology, consider any reasonable adjustments, and ensure all evidence can be clearly seen. Clear instructions on how to join and reminders of confidentiality are crucial.
Right to be Accompanied
The employee has a statutory right to be accompanied at any grievance hearing. This companion can be a fellow worker or a trade union representative. While the statutory right explicitly applies to "grievance hearings" and not necessarily investigation meetings, it is often good practice for employers to allow accompaniment for all interviewees at investigation meetings as well.
Role of Companion
The companion is permitted to address the hearing (including putting the worker's case, summing up, and responding on the worker's behalf) and to confer with the worker during the hearing. They do not have the right to answer questions on behalf of the worker or prevent others from contributing.
Companion Availability
If the employee's statutory companion cannot attend at the specified time, the employee may suggest an alternative time. If reasonable and within five working days of the original time, the employer must accept it.
Awareness
Employers should be cautious of refusing to extend beyond this five-working-day limit, as refusal could render a subsequent dismissal unfair if linked.
Witnesses
Unlike disciplinary hearings, the Acas Code does not require the employer to allow the employee to call relevant witnesses or question the employer's witnesses directly. Grievance hearings are generally less adversarial and focus on resolution.
6. Decision
Communication
The employee must be informed, without unreasonable delay, of the action the employer has decided to take to resolve their grievance. This decision should be communicated in writing, and it is good practice to provide a face-to-face explanation first.
Right of Appeal
The employee must be offered a right of appeal if they are dissatisfied with the outcome.
7. Grievance Appeal
Requesting Appeal
If the employee wishes to appeal, they should set out their grounds of appeal in writing without unreasonable delay.
Appeal Hearing
An appeal hearing will be conducted, ideally by an impartial and more senior manager not involved in the original decision.
Right to be Accompanied
The employee also has the right to be accompanied at the appeal hearing.
Evidence that was used in the decision-making
If you feel that the decision was unfair and omitted key facts, then ask to see all the evidence that was used in the original investigation to come to the conclusion.
New Evidence
While not explicitly detailed in the Acas Code for grievances, in some circumstances, especially for serious allegations, an appeal may be a re-hearing where fresh evidence is considered, potentially requiring further investigations.
Appeal Decision
The employer should confirm the grievance appeal decision in writing to the employee as soon as possible after the hearing, ideally preceded by a face-to-face explanation.
What Should Employees Be Aware Of
Consequences of Failing to Follow the Acas Code
While failure to follow the Acas Code does not automatically lead to proceedings, Employment Tribunals must take it into account. If the employee subsequently brings certain successful claims (e.g., unfair dismissal), the tribunal can adjust the amount of compensation by up to 25% either way if either the employer or the employee has unreasonably failed to comply with the Code.
Recording Keeping
The employer is recommended to keep written records of all grievance cases, including meeting notes and discussions, which can be made available if the employee makes a subject access request or during litigation.
Unfounded/Malicious Grievances
If an employee raises a grievance dishonestly or maliciously, it could potentially become a disciplinary issue or lead to a breakdown in trust and confidence. However, if the employee were simply mistaken and not acting dishonestly, disciplinary action would typically not be appropriate.
Tactical Grievances
Even if an employee raises a grievance as a negotiating tactic (e.g., for settlement discussions), employers are advised to still investigate and deal with it formally to protect their position.
Grievances and Stress-Related Absence
If a grievance is raised during stress-related sickness absence, the employer should handle the situation carefully, obtain medical reports if appropriate, and consider reasonable adjustments to the process.
Grievances After Employment Ends
Although the Acas Code doesn't explicitly require it, it is advisable for employers to follow the Code for grievances submitted after employment has ended, as tribunals may still consider a failure to do so when adjusting compensation.
Legal Privilege
Investigation reports may not always be legally privileged, meaning they could be disclosable in litigation. This is complex and depends on whether they were created for the dominant purpose of legal advice or litigation. The grievance process for an employee is a formal set of steps designed to address "concerns, problems or complaints that employees raise with their employers". It is important for an employee to approach this process with an open mind and be willing to listen to their employer's point of view, as this can significantly dictate the outcome.
