I Wonder How to Handle Workplace Grievances Fairly and Consistently

Workplace grievances can arise in any organisation, and how they are handled can significantly affect employee relationships and the wider working environment.

In this article, we explain what a workplace grievance is, when concerns should be handled as a formal grievance, how to follow the ACAS Code of Practice, and the steps employers can take to manage grievances fairly and effectively.

What is a grievance?

A grievance is a concern, problem or complaint an employee raises about their work, workplace or how they have been treated. It can be written or verbal, and may relate to relationships, workload, pay, health and safety, working conditions, discrimination or harassment.

If an issue is more than a routine query and the employee indicates dissatisfaction that requires action, employers should treat it as a grievance.

Where a complaint alleges wrongdoing in the public interest, employers should also consider whether it could be a whistleblowing disclosure. In those circumstances, employers may need to handle it under a whistleblowing policy or, where appropriate, alongside the grievance process.

Whistleblowing involves reporting wrongdoing at work in the public interest and is a protected activity. Mishandling these concerns can carry significant legal and reputational risk.

What does a fair grievance process look like under the ACAS Code?

A fair grievance process involves dealing with concerns promptly and without bias, conducting a reasonable investigation, giving employees a chance to be heard, clearly explaining decisions, and offering the right to appeal.

Employers should align their policy with the ACAS Code on disciplinary and grievance procedures and apply it consistently. They should also keep records, communicate clearly and manage confidentiality responsibly. Where health or disability issues are relevant, employers should consider reasonable adjustments to support fairness.

Key employer obligations when handling a grievance

Employers should have a clear grievance policy that explains how employees can raise concerns, the process that will be followed, and the likely timescales. They should also act without unreasonable delay at each stage of the grievance process. This includes conducting a reasonable investigation, gathering relevant evidence, and speaking to witnesses where needed.

Employers should invite the employee to a grievance meeting, allow them to be accompanied, and give them a fair opportunity to explain their concerns and the outcomes they are seeking. The outcome should be confirmed in writing, with reasons, along with details of the right of appeal and how to use it.

Where allegations raise potential misconduct by others, or overlap with disciplinary or performance processes, employers should plan the next sequence carefully. If processes will run in parallel or be paused, they should explain this clearly.

Employers should also consider adjustments where disability, health, language or trauma may affect participation. This could include additional breaks, written questions or alternative meeting formats.

What steps should employers take when managing a grievance?

Below is a concise, ACAS-aligned grievance process that employers can adapt.

• Triage early: Acknowledge the concern promptly, decide whether informal resolution or a formal grievance is appropriate, and confirm the chosen route in writing.
   
• Appoint impartially: Allocate an investigator or chair with no prior involvement, and set timescales for each stage.
   
• Investigate reasonably: Define the scope, gather documents, interview relevant witnesses and keep a clear audit trail.
   
• Hear fairly: Invite the employee with written details, allow them to be accompanied, explore the issues and outcomes sought, and keep a careful note.
   
• Decide and appeal: Issue a reasoned outcome with findings and actions, appoint a new appeal manager, and set an appeal window, for example, five working days.

What are the risks of getting a grievance process wrong?

A poor grievance process can increase legal and commercial exposure.

• Unfair or constructive dismissal: Delay, bias or failure to investigate can support claims that a dismissal or resignation was unfair, or that trust and confidence were breached.
   
• Discrimination and victimisation: Mishandling grievances about protected characteristic issues, or penalising someone for complaining, can lead to discrimination claims.
   
• Culture and retention: Perceived unfairness damages morale, increases turnover and undermines confidence in leadership and HR.
   
• Reputational impact: Inconsistent outcomes and confidentiality breaches can damage employee and stakeholder trust, and may attract adverse publicity.

Summary

Handled well, grievances can help employers identify problems early, improve workplace culture and reduce risk. The essentials are speed, impartiality, a reasonable investigation, clear communication and a genuine right of appeal.

Employers should align their process with the ACAS Code, train managers, and keep records showing a fair, consistent approach.

A robust grievance pathway helps protect employees, supports managers and reduces the risk of tribunal claims.

Further Advice

If you have any questions about handling workplace grievances or other employment-related matters, our Peace of Mind team can provide expert guidance. Our Document Audit Team can also help draft relevant workplace policies.

Contact our Employment Team by emailing employment@warnergoodman.co.uk or calling 023 8071 7717.