Overview and requirements
What is a grievance procedure?
A grievance procedure is a formal process that enables employees to raise concerns, complaints, or problems relating to their work, treatment, or working environment, and ensures these issues are addressed fairly and consistently. The procedure typically covers both informal and formal routes, starting with informal resolution where possible, and escalating to a formal written complaint, investigation, hearing, and appeal if necessary. The process must comply with the minimum standards set out in the ACAS Code of Practice on Disciplinary and Grievance Procedures, including the right to be accompanied and the right to appeal decisions, and should be clearly outlined in a written policy accessible to all employees.
Are employers required to have disciplinary and grievance procedures?
UK law requires all employers to have a written grievance procedure and to provide employees with details of both disciplinary and grievance procedures, either in the statement of employment particulars or in an accessible staff handbook. While there is no statutory requirement for a written disciplinary policy, it is strongly recommended and considered best practice to ensure fairness, consistency, and compliance with the ACAS Code. Failure to have or follow a proper procedure can result in legal risks, including breach of contract claims and increased compensation in employment tribunals. The ACAS Code is not legally binding, but tribunals must take it into account and can adjust awards by up to 25% if it is not followed.
Grievance policy and practice
A grievance policy should define what constitutes a grievance, outline the steps for raising and handling complaints (informal and formal), specify who to contact, set out timelines for each stage, and detail the investigation, hearing, and appeal processes. The policy must emphasise confidentiality, the right to be accompanied, protection against victimisation, and the maintenance of accurate records. Employers should ensure the policy is communicated clearly to all staff, regularly reviewed, and that managers are trained in its application. Good practice includes encouraging informal resolution where appropriate, conducting thorough and impartial investigations, providing written outcomes, and ensuring appeals are heard by someone not previously involved. Consistent application of the policy helps maintain trust, reduce legal risk, and foster a positive workplace culture.
Initiating procedures
Informal handling of employee grievances
Employees should be encouraged to raise concerns informally in the first instance, typically with their line manager or another appropriate person if the manager is the subject of the complaint. This can be done verbally or via an informal chat, and does not need to be in writing at this stage. Employers should take all informal concerns seriously and respond promptly to maintain good working relationships and avoid escalation to a formal grievance or tribunal claim. If the issue is resolved informally, it is good practice to document the concern, actions taken, and any agreed next steps, ensuring confidentiality is maintained throughout the process. Employers should follow up with the employee to confirm whether the issue has been resolved, and remind them of the option to raise a formal grievance if they remain dissatisfied or if the matter is serious or ongoing.
Raising a formal grievance
If informal resolution is not possible, not appropriate, or unsuccessful, the employee should raise a formal grievance in writing. The written grievance should set out the nature of the complaint, relevant facts, supporting evidence, and the desired outcome. The grievance should be submitted according to the employer’s grievance procedure—usually to the line manager, HR, or another designated person. If the complaint concerns the usual contact, the grievance should be directed to an alternative manager or HR as specified in the policy. Employers must acknowledge receipt of the grievance and explain the next steps, including timelines and the right to be accompanied at meetings.
Inviting an employee to a grievance meeting
Upon receiving a formal grievance, the employer must arrange a meeting (grievance hearing) without unreasonable delay, ideally within 5 working days. The employee should be given reasonable notice to prepare and informed of their right to be accompanied by a work colleague or trade union representative. The purpose of the meeting is to allow the employee to explain their grievance in detail, present evidence, and discuss possible resolutions. The employer should conduct the meeting impartially, ask clarifying questions, and ensure a fair opportunity for all sides to be heard. If further investigation is needed, the meeting may be adjourned, and the employee should be kept informed of progress and expected timescales.
Record-keeping and communication
Employers must keep accurate and confidential records of all grievance-related discussions, meetings, evidence, and decisions. After the meeting, the employer should communicate the outcome in writing, including the reasons for the decision, any actions to be taken, and the employee’s right to appeal. If the employee appeals, a further meeting should be arranged, ideally with a different manager not previously involved, and the outcome of the appeal should also be confirmed in writing. Following the ACAS Code of Practice and the organisation’s grievance policy is essential, as failure to do so can impact tribunal outcomes and lead to increased compensation awards.
Legal and practical considerations
Employers are legally required to have a written grievance procedure and to make it accessible to all staff. The procedure must comply with the minimum standards of fairness set out in the ACAS Code of Practice. All steps should be taken promptly and consistently, with reasonable adjustments made for disabled employees as required under the Equality Act 2010. Mediation may be considered at any stage if both parties agree, and employers should ensure that employees are not subject to victimisation or detriment for raising a grievance.
Conducting hearings, meetings & outcomes
What should be included in a grievance meeting?
A grievance meeting should provide the employee with the opportunity to explain their complaint in detail, present supporting evidence, and state how they would like the issue resolved. The employer should introduce all attendees, clarify the purpose of the meeting, and outline the process. Both the employee and employer may present evidence and call witnesses, and the employee’s companion (colleague or trade union representative) may participate as permitted. The meeting should be structured to allow open discussion, questioning of evidence, and clarification of facts, with the aim of fully understanding the grievance and exploring potential resolutions. Accurate notes must be taken, and all parties should be reminded of confidentiality obligations.
How to prepare for a grievance hearing
Review the written grievance, relevant policies, and any supporting documents submitted by the employee in advance.
Identify and gather any additional evidence, such as emails, contracts, or witness statements, that may be relevant to the complaint.
Arrange for an impartial chairperson to lead the meeting and ensure that someone is available to take accurate notes.
Notify the employee of the hearing date, time, and location, and confirm their right to be accompanied.
Prepare a list of questions to clarify the issues raised and ensure all necessary parties, including witnesses, are available if required.
Hold a grievance hearing
Open the meeting by confirming its purpose, introducing attendees, and explaining the procedure to be followed.
Invite the employee to set out their grievance and the resolution they are seeking, and allow them to present any evidence or witnesses.
Ask open and clarifying questions to fully understand the facts and context of the complaint, ensuring all parties have the opportunity to speak.
If necessary, adjourn the meeting to investigate further or gather additional evidence before reconvening.
Summarise the main points discussed, confirm next steps, and inform the employee when they can expect a decision.
What are the possible outcomes of a grievance procedure?
Possible outcomes include upholding the grievance in full or in part, not upholding the grievance, or reaching a mutually agreed resolution. If the grievance is upheld, the employer may need to take corrective action such as changing working conditions, making payments, providing training, or initiating disciplinary action against another employee. If the grievance is not upheld, the employee should be given a clear explanation and informed of their right to appeal. In some cases, mediation or further informal resolution may be recommended.
Deciding the outcome of a grievance procedure
The decision should be based on all evidence gathered during the investigation and hearing, what is fair and reasonable, and how similar cases have been handled previously. The employer must consider the facts impartially, ensure consistency, and take into account any mitigating circumstances. If further investigation is required, the process should be paused and resumed once all information is available. The rationale for the decision and any actions to be taken must be documented.
How should an employer inform an employee of the outcome of their grievance?
Provide the outcome in writing as soon as possible after the hearing, clearly stating the decision, the reasons for it, and any actions to be taken.
Include details of the employee’s right to appeal, the process for doing so, and the relevant time limits.
If the grievance is upheld, outline the steps the employer will take to resolve the issue.
If the grievance is not upheld, explain the reasoning and offer support if appropriate.
Maintain confidentiality and ensure that only those who need to know are informed of the outcome.
Appeals and reconsiderations
How an employee can appeal a grievance decision
The employee should submit their appeal in writing, clearly stating the grounds for appeal (e.g. procedural errors, new evidence, or disagreement with the outcome). The appeal should be sent to the person or department specified in the employer’s grievance procedure, or, if not specified, to a senior manager or HR. Acas recommends appeals be lodged within 5 working days of receiving the grievance outcome, but the employer’s policy may set a different deadline. The employee has the right to be accompanied by a colleague or trade union representative at any appeal meeting.
The written appeal should outline why the employee believes the decision was wrong or unfair, referencing any new evidence or procedural concerns. The employee may use a template letter if available, ensuring clarity and specificity in their reasons for appeal.
Preparing for a grievance appeal hearing
The employer must assign an impartial manager—ideally someone not previously involved in the original grievance—to handle the appeal. If this is not possible, the process should be made as impartial as circumstances allow, such as by involving an external party.
The appeal manager should review all documentation from the original grievance, including the grievance letter, investigation notes, outcome letter, and any new evidence submitted with the appeal. Preparation should include arranging for a notetaker, confirming the employee’s right to be accompanied, and scheduling the hearing promptly.
The employer should provide the employee with reasonable notice of the hearing date, time, and location, and confirm who will be present. Any relevant documents or evidence to be discussed should be shared in advance to ensure fairness.
Holding a grievance appeal hearing
The appeal hearing should be conducted in a private, neutral setting. The appeal manager should introduce all attendees, explain the purpose of the hearing, and outline the process. The employee should be invited to present their case, explain their grounds for appeal, and submit any new evidence.
The employee’s companion may participate as permitted by law (e.g. making statements, taking notes, conferring with the employee). The appeal manager should ask questions to clarify the issues and may adjourn the hearing if further investigation is required.
A record of the hearing should be kept, and the employee should be given the opportunity to review and confirm the accuracy of the notes. If new evidence arises, the appeal manager may need to conduct additional investigation before making a decision.
Informing the employee of the grievance appeal outcome
The employer must communicate the appeal outcome to the employee in writing as soon as possible after the hearing and any further investigation. The letter should set out the decision, the reasons for it, and whether this is the final stage of the internal process.
The outcome letter should be clear, reference the grounds of appeal, and explain the rationale for upholding or rejecting the appeal. If the appeal is upheld, the employer should specify any actions to be taken to resolve the grievance. If the appeal is not upheld, the letter should confirm that the internal process is complete.
The employer should ensure that all communications are confidential and that only those with a legitimate need to know are informed of the outcome. Records of the appeal process and outcome must be retained securely.
Responding to an employee retracting a grievance
If an employee retracts a grievance, the employer should request confirmation in writing and acknowledge the retraction. The employer should assess whether any issues raised require further action, particularly if they involve allegations of unlawful conduct (e.g. discrimination, harassment, or health and safety breaches).
If the grievance raised serious concerns that could affect others or the organisation’s legal obligations, the employer may need to continue investigating or take appropriate action, even if the grievance is withdrawn. This is especially important for safeguarding, legal compliance, or where there is a risk to other employees.
The employer should document the retraction, any follow-up actions taken, and the reasons for proceeding or not proceeding with further investigation. All records should be kept confidential and in line with data protection requirements.
Special situations and complaints
Where an employee, subject to disciplinary process, raises a grievance
If an employee raises a grievance during a disciplinary process, the employer must decide whether to pause the disciplinary, run both processes concurrently, or deal with the grievance separately. The Acas Code states the disciplinary process may be temporarily suspended to deal with the grievance, especially where the grievance relates to potential bias, conflict of interest, selective evidence, or alleged discrimination in the disciplinary process. In other cases, it is permissible to proceed with both processes in parallel, provided both are handled fairly and impartially, with clear documentation of the rationale for the chosen approach. Employers should assess the facts of each case and ensure that any decision to continue or pause is reasonable and can be justified if later scrutinised by a tribunal.
Responding to a grievance raised by an ex-employee
There is no strict legal requirement to hear a grievance from a former employee unless the grievance was raised while still employed or relates to ongoing legal risks (e.g. discrimination, whistleblowing, or issues affecting current staff). However, it is good practice to consider the substance and timing of the complaint, the potential for tribunal claims, and whether investigation is necessary to protect the business or other employees. If the grievance could have implications for current staff or business operations, or if there is a risk of litigation, it is advisable to respond and follow a fair process. If the grievance is historic, unrelated to current risks, or the ex-employee has exhausted internal procedures, the employer may reasonably decline to investigate, but should document the reasons for this decision.
Handling grievances informally
Employers should foster a culture where employees feel able to raise concerns informally with their line manager or another appropriate person. Informal resolution is suitable for minor issues and can often prevent escalation. The process should involve a prompt, confidential discussion, active listening, and an attempt to agree practical solutions. Even when resolved informally, a brief record of the concern and outcome should be kept. If the issue cannot be resolved or is serious in nature, the employee should be signposted to the formal grievance procedure.
Handling trivial or frivolous grievances
All grievances must be approached with a presumption of good faith, but if a complaint is clearly trivial, unfounded, or vexatious, employers may decide not to investigate in detail. However, this decision must be based on clear evidence and not simply because the grievance is inconvenient or repetitive. Employers should explain to the employee why the grievance is not being taken forward and offer the right to appeal this decision. Persistent or malicious grievances may justify disciplinary action, but caution is required to avoid victimisation claims. Accurate records should be kept to evidence fair handling and the rationale for any refusal to investigate.
Rescheduling a grievance appeal hearing when the employee's companion is unavailable
If an employee’s chosen companion (colleague or trade union representative) cannot attend the scheduled grievance appeal hearing, the employee has the statutory right to propose an alternative time within five working days of the original date. The employer must agree to this rescheduling if the new date is reasonable and does not cause undue delay. If the employee or companion is repeatedly unavailable or fails to attend without good reason, the employer may proceed in their absence, provided reasonable attempts to accommodate have been made and the process is fully documented.
Meeting logistics and procedures
Inviting an employee to a grievance appeal hearing
The employer should issue a formal written invitation to the employee, specifying the date, time, and location (or remote access details) of the appeal hearing. The letter must confirm the employee’s right to be accompanied by a colleague or trade union representative, and provide sufficient notice to allow preparation. The invitation should also set out the purpose of the meeting and who will be present, ideally ensuring the appeal is heard by someone not previously involved in the original decision, in line with the ACAS Code and best practice guidance.
Handling an employee’s request to postpone a grievance hearing
If an employee requests to postpone a grievance hearing, the employer should consider the reason for the request and respond promptly. Where the request is reasonable (e.g. illness, emergency, or unavailability of a companion), the employer should offer a suitable alternative date and time. The ACAS Code requires that if the companion cannot attend, the employee can propose a new date within five working days of the original; the employer must accommodate this unless there are exceptional circumstances.
Rescheduling where the companion is unavailable
When an employee’s chosen companion is unavailable at the proposed time, the employee has the statutory right to suggest a reasonable alternative date within five working days of the original meeting. The employer must reschedule the meeting to this new date unless doing so would cause unreasonable delay or operational difficulties. If the companion remains unavailable beyond this period, the employer may proceed, provided they have acted reasonably and documented their efforts.
Handling requests to record disciplinary or grievance hearings
Recording a grievance or disciplinary hearing is not an automatic right for either party. Employers should refer to their own policy: if recording is not permitted, this should be clearly communicated. If a request is made, the employer must consider data protection obligations and seek consent from all attendees before any recording is made. If the request relates to a reasonable adjustment for a disability, this should be considered carefully. Covert recording should be expressly prohibited, and all parties reminded of this expectation.
Employee fails to attend a grievance meeting
If an employee fails to attend a scheduled grievance meeting without good reason, the employer should attempt to contact the employee to understand the cause and offer to reschedule if appropriate. If the employee repeatedly fails to attend or engage, and reasonable attempts have been made to facilitate attendance, the employer may proceed to make a decision on the grievance based on the available evidence, documenting all efforts to involve the employee.
Inviting an employee on sick leave to a grievance hearing
An employer may invite an employee on sick leave to attend a grievance hearing, but must act sensitively and consider the employee’s health and wellbeing. If the employee is medically unfit to attend in person, alternatives such as remote attendance, written submissions, or representation by a companion should be offered. Where necessary, seek medical or occupational health advice to determine fitness for participation and consider reasonable adjustments.
Managing sickness absence during a grievance process
If an employee goes off sick during a grievance process, the employer should maintain regular, confidential communication and assess whether the process can continue. Adjustments may include postponement, remote meetings, or accepting written statements. The process should not be unduly delayed unless medically necessary; occupational health input may be appropriate. If the employee is unable to participate for a prolonged period, the employer may need to make a decision based on the evidence available, ensuring all steps are documented and fair.
