ven in well-run businesses, it may sometimes be necessary to deal with employees' grievances. Therefore it's crucial that you have written grievance procedures. If problems do arise, these procedures should help you and your employee resolve them within the workplace. They should also ensure that you deal with employees' grievances fairly.

1. 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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2. 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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3. Handling grievances
staff handbook. skilled staff through resignation. It will also
help you successfully defend any claim for:
If you fail to provide this information to an
employee, they could be awarded two or • constructive dismissal - see our
four weeks' pay - but only if they succeed in guide on dismissal
another employment tribunal claim against • unlawful discrimination - see our
you, eg unlawful discrimination. guide on how to prevent
discrimination and value diversity
The contractual status of grievance
procedures The duty to provide a grievance
procedure
Your grievance procedure does not
automatically form part of an employment You must provide each of your employees
contract. Therefore, an employee cannot with a written grievance procedure. Your
claim breach of contract if you fail to follow procedure should follow the good-practice
it. principles set out in the Acas code of
practice on disciplinary and grievance
However, if you choose to make your procedures.
procedure contractual and you fail to follow
it when dealing with a grievance, the If you unreasonably fail to follow the code
employee could bring a breach-of-contract and the issue ends up at an employment
claim against you. tribunal, the tribunal could increase the
employee's compensation by up to 25 per
See our guide on the employment cent.
contract or use our interactive tool to
create a written statement of employment Read dispute resolution guidance on the
- Opens in a new window. Acas website - Opens in a new window.
The content of a grievance procedure
Setting out your grievance
The exact nature of your procedure will
procedure depend on the size and structure of your
If an employee has concerns or complaints organisation. However, any procedure
about their work, employment terms, should be easy to follow and aim to settle
working conditions or relationships with grievances fairly and quickly. It should also
colleagues, they may want to discuss them indicate that you will try to resolve most
or bring them to your attention. They will complaints and grievances informally, eg by
then want you to address and, if possible, discussions with the employee's immediate
resolve these grievances. manager.
The best way to do this is to have a The procedure should also:
grievance procedure. If it deals with
grievances in a fair and reasonable manner, • State how and with whom to raise
you're much less likely to lose valued and the grievance in the first place.
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4. Handling grievances
• Identify an alternative person with
whom a grievance should be raised if You must follow one of the statutory
the usual person is the subject of the grievance procedures (SGPs) if the issue
grievance. For example, if the line about which the grievance is raised (the
manager is the person with whom 'trigger event') occurred before 6 April 2009.
grievances should be first raised but
they are the subject of the grievance, There are standard and modified SGPs. In
the procedure should name someone almost all cases, you should follow the
else, eg the line manager's manager. standard one.
• Set out to whom the employee
should appeal if they are not satisfied Before an employee's claim can be
with the outcome of the initial accepted by a tribunal, they must have first
grievance hearing – see the page in raised a formal grievance with you in writing
this guide on appeals against and waited 28 days.
grievance decisions.
• State that, if possible, a manager
Transitional arrangements for applying
previously uninvolved in the matter
will hear the appeal. the SGPs
• Give time limits for each stage, You do not have to follow the appropriate
particularly for lodging and hearing SGP where the trigger event occurred on or
the appeal. after 6 April 2009.
• Mention that the employee has the
right to be accompanied by a
colleague or union representative at However, you still have to follow the
any meeting. appropriate SGP where the trigger event
• Outline what happens if a grievance occurred before 6 April 2009. This is the
is raised during a disciplinary case even if - after that date - you invited or
procedure - see our guide on will invite the employee to the grievance
handling disciplinary issues. hearing, held or will hold the hearing, or held
or will hold an appeal hearing (if requested).
Consulting employees on your grievance
procedure In these circumstances, you cannot agree
with an employee not to follow the SGPs.
You may want to consult employees when
putting together your grievance procedure. Cut-off dates for tribunal claims falling
under the pre-6 April 2009 regime
If you have any workplace representatives, it
may be preferable for you to carry out this Where the action about which the employee
consultation via them, ie either trade union complains began before 6 April 2009 but
or, if there are none, elected employee continues beyond that date, a cut-off date
representatives. applies.
The cut-off date will be 4 July 2009 for
The statutory grievance submitting a written grievance or tribunal
claim where an employer takes action which
procedures forms the basis of a grievance with a
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5. Handling grievances
raise it until after they left
three-month time limit - eg a sex, race, age
etc discrimination claim.
The modified SGP has two steps:
Alternatively, it will be 4 October 2009 for
submitting a written grievance or tribunal 1. Employee's written statement - the
claim where the employer takes action employee must set out their
which forms the basis of a grievance with a grievance and the basis for it in a
six-month time limit - eg an equal pay claim. written statement and send a copy to
the person given in your grievance
procedure.
The standard SGP
2. Your written response - you must
The standard SGP has three stages: write back to the employee giving
your response to the points they
have raised.
1. The employee must set out their
grievance in writing - the statement
should be sent to the person named It is important that you follow the 'old' Acas
in your grievance procedure. code of practice on disciplinary and
2. Hold a meeting with the employee - grievance procedures throughout the entire
after the meeting, inform them of grievance process, as the code is taken into
your decision and notify them of their account by tribunals when dealing with
right to appeal. claims.
3. If the employee wishes to appeal,
invite them to a further meeting. See Download the old code of practice on
the page in this guide on appeals disciplinary and grievance procedures
against grievance decisions. from the Acas website (PDF, 327K) -
Opens in a new window.
The employee has the right to be
accompanied at both meetings by a When the SGPs do not apply
colleague or union representative.
• The law sets out some
circumstances where you don't have
The modified SGP
to follow the appropriate SGP. These
The modified SGP only applies if: are where:
• The grievance is that you have
dismissed or taken disciplinary action
• the employee no longer works for against an employee (unless this
you action involves unlawful
• you have agreed with the discrimination).
ex-employee in writing that the • The grievance is that you are
modified - as opposed to the thinking of dismissing or taking
standard - procedure applies disciplinary action against an
• the ex-employee raised the employee (unless this action involves
grievance before they left, but the unlawful discrimination).
standard procedure wasn't • The issue concerned is a collective
completed, or the ex-employee didn't one, ie where the grievance is raised
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6. Handling grievances
by trade union or employee attend the hearing to act as a witness
representatives. to the proper conduct of the hearing.
• Owing to factors beyond your control, • Arrange a suitable time, date and
it is effectively impossible for you to venue for the hearing.
complete or even start the • Inform the employee in plenty of
procedure, eg if the employee leaves time so they can prepare their case
the country or becomes seriously ill. and consult any representatives.
• The employee's behaviour is so Remind them that they have the right
violent or unreasonable that you to be accompanied at the hearing by
cannot be expected to go through the a colleague or trade union official.
procedure with them. This exemption • Inform any manager and
is to cover cases where you have witnesses who may need to attend.
real reason to fear violence, • Obtain witness statements from
harassment or vandalism, not just any witnesses who will be unable to
where the employee is being difficult attend the hearing and share them
or unpleasant. with the employee.
Also note that an employee should not raise
a formal grievance when making protected Holding a grievance hearing
disclosures, ie when they are 'blowing the
whistle' on illegal activities such as fraud. For any grievance hearing, you should:
Therefore, you should consider having a
'whistleblowing' procedure separate from • ensure that it's private and won't be
your grievance procedure. interrupted
• introduce everyone and explain why
See our page on whistleblowing and they are present
dismissal in our guide on dismissal. • explain the reason for the hearing
and how it will be conducted
• listen carefully to the person's
explanation of the problem - consider
Preparing for a grievance hearing whether there is another issue which
Before you hold a grievance hearing: might be the root cause of the
grievance
• listen to any conflicting points of view
• Familiarise yourself with your • weigh up all the evidence to see
grievance procedure so that you whether there is an issue you need
apply it correctly. to address
• Carry out a full investigation if
necessary, eg where the employee is
accusing a colleague of sexual It's crucial that you deal with grievances
harassment. sensitively and in the strictest confidence,
• Make sure you have all relevant particularly where they concern other
facts and documents available for employees. Develop specific procedures for
the hearing. very sensitive matters involving unfair
• Arrange for someone to take notes. treatment, eg discrimination, bullying or
• Arrange for another manager to harassment. See our guide on bullying and
harassment.
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7. Handling grievances
Making the decision hearing, particularly if they have to face the
person who is the cause of their grievance.
Once the hearing is over: This can lead in some cases to them being
absent for weeks or even months due to
• decide what action to take - try to stress-related illness.
balance fairness to the person
without compromising the business If this situation arises, you can ask the
or other employees employee's GP and/or an occupational
• inform all concerned parties - in health specialist for a medical report. You
writing - of your decision and the must gain the worker's agreement before
appeal process - see the page in this doing so.
guide on appeals against grievance
decisions
• review your procedure if the You should ask for the report to state
grievance process has highlighted whether or not the worker is fit enough to
problems with it 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 Appeals against grievance
procedure is complete and you can make decisions
your decision there and then. Don't forget
that you will still have to tell them in writing An employee has the right to appeal against
of the decision and that they have the right your decision following the grievance
to appeal. hearing. You must notify them of this right
when you write to give them your decision.
Note that if you cannot make the hearing, Give them a deadline to notify you of their
you must offer the employee a reasonable intention to appeal, eg within ten working
alternative date and time. 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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8. Handling grievances
Preparing for an appeal hearing shouldn't be the same person that heard the
initial hearing, eg a more senior manager
Before you hold an appeal hearing: who has not been involved with the
grievance process at all. They will be able to
• Familiarise yourself with your hear any appeal without having any
grievance procedure to ensure that assumptions.
you are applying it correctly.
• Make sure you have all relevant However, where the person hearing the
facts and documents, especially if appeal is the same person who heard the
you have come across new evidence first hearing, they should act impartially and
since the first hearing. make sure they review the original decision
• Arrange for someone to take notes. carefully.
• Arrange for another manager to
attend the hearing to act as a witness
to the proper conduct of the hearing. You should write to the worker with your
• Arrange a suitable time, date and decision and the reason for it as soon as
venue for the hearing. possible after the hearing. Make it clear, if
• Inform the employee in plenty of this is the case, that the decision is final.
time so they can prepare their case
and consult any representatives. Dealing with delays
Remind them that they have the right
to be accompanied at the hearing by If the employee is genuinely unable to
a colleague or trade union official. attend the appeal hearing, eg because they
• Inform any manager and are ill, offer them an alternative at a
witnesses who may need to attend. reasonable date and time.
• Obtain witness statements from
any witnesses who will be unable to If the employee's companion cannot make
attend the hearing and share them the re-arranged hearing, the employee must
with the employee. propose another date and time no more
than five days after your proposed date.
Holding an appeal hearing
If the employee fails to attend the
The principles for holding an appeal hearing rearranged hearing, this stage of the
are generally the same as for the initial procedure is complete and you can make
grievance hearing – see the page in this your decision there and then. Don't forget
guide on holding a grievance hearing. that you will still have to tell them in writing
of the decision.
However, at the appeal hearing, you should
also consider: Note that if you cannot make the hearing,
you must offer the employee an alternative
• the reasoning behind the appeal at a reasonable date and time.
• any new evidence since the earlier
decision It is important that you notify the employee
as soon as possible of any delays to the
Ideally the person hearing the appeal appeal process. If you fail to do so, a
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9. 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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