Grievance at Work Guide for Employers

grievance at work

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There are various ways that a grievance at work can be dealt with, depending on the nature and severity of the issues being raised. In some cases, a relatively minor matter may be dealt with informally but, if not effectively resolved, this may need to be dealt with by way of a formal grievance procedure. In other cases, the matter may be so serious that only a formal procedure should be used, in this way ensuring that any decision-making is carefully documented and all steps have been taken in an attempt to resolve the matter internally.

The following practical guidance for employers looks at what is meant by a grievance at work, together with common examples of workplace grievances. We also look at an employer’s legal obligations to deal with grievances at work, the procedure that should be followed and the potential consequences if a grievance at work is not adequately resolved.

 

What is a grievance at work?

 

A grievance at work is where an issue, concern or problem is raised by an employee with their employer. It can refer to any situation that an employee is unhappy with at work, and which they have made known to their employer by way of an informal or formal complaint.

In many cases, a workplace grievance will involve an alleged breach of an employee’s statutory or contractual rights at work, or where they otherwise feel that they are being treated unfairly. Essentially, grievances at work can arise over all sorts of issues, from the contractual terms and conditions under which an employee is required to work, to how they are being treated at work by either their employer and/or their work colleagues.

 

Examples of grievances at work

 

Below we set out some of the most common examples of types of grievances at work:

 

Issues over pay

If an employee is paid late, or paid the incorrect amount, this can often give rise to a grievance at work. This could arise as a result of unpaid bonuses or commission, or around outstanding holiday pay. In some cases, this may be because of an administrative oversight or error, and can be easily resolved via payroll. In others, it may be a misunderstanding on the employee’s part as to what they are owed, where again a simple explanation can help to resolve the matter. However, where there is a substantive disagreement as to what an employee is contractually entitled to be paid, this type of dispute can easily escalate into a formal grievance, or even a claim for unlawful deduction of wages or breach of contract.

 

Contractual changes

It is not uncommon for employers to seek to change the terms and conditions under which an employee works, such as the employee’s working hours or place of work, typically to help run the business more efficiently or even as a way of saving the business from closure.

In cases where the employee’s contract contains a clause permitting these types of changes, the employee may have no real basis upon which to raise a grievance, provided they have been adequately consulted, and given reasonable notice, about the change. However, where changes are made without the employee’s consent in circumstances where there is no contractual provision to do so, or where a flexibility or mobility clause is unreasonably exercised, the employee may have a claim for fundamental breach of contract. If they feel forced to resign because of this, they may also have a claim for constructive dismissal.

 

Discriminatory treatment

Discrimination at work can be either direct or indirect. Direct discrimination is where an employee is treated less favourably than others because they possess a particular protected characteristic, such as their gender, age, sexuality, disability, religion or beliefs. Indirect discrimination is where there is a workplace policy, rule or practice that puts someone who possesses a protected characteristic at an unfair disadvantage when compared with others.

In either scenario, the discriminatory effect does not have to be intentional for it to be unlawful and can arise in countless ways. This could include, for example, where someone is denied a public-facing role because they are transgender, or denied a promotion because they are female and have childcare commitments. It could also be where a workplace policy prohibits someone from wearing religious headwear to work without good reason. In any of these cases, and others, unless the discriminatory conduct complained of can be resolved internally, allegations can again escalate into tribunal claims for unlawful discrimination.

 

Bullying and harassment

Any form of bullying and harassment at work is unacceptable, although where someone is subjected to unwanted conduct because they possess a protected characteristic, this is a form of unlawful discrimination for which the employer can be held liable. Even if the employer is not directly responsible for the conduct, if they fail to take reasonable steps to put a stop to this, such as taking disciplinary action against any member of staff allegedly involved, the employee may have a discrimination claim against the employer.

When it comes to bullying, this does not give rise to a cause of action of itself, not unless the bullying relates to a protected characteristic. However, where an employer again fails to take reasonable steps to resolve bullying at work, an employee may feel forced to resign for breach of the implied duty of mutual trust and confidence. In these circumstances, the employee may have a claim for constructive dismissal based on the employer’s inaction.

 

How to handle grievances at work

 

While there is no specific UK law that mandates organisations to have a formal grievance policy in place, Acas strongly recommends that employers have a grievance procedure as good practice and an effective way for employers to manage workplace disputes and conflicts.

All employers must have a written grievance procedure in place which complies with certain minimum standards of fairness, as set out in the Acas Code of Practice on Disciplinary and Grievance Procedures. This includes the way in which an employee should raise their grievance, as well as the way in which their grievance will be handled.

In some cases, a grievance may be relatively minor and therefore suitable for being dealt with on an informal basis, such as a confidential chat with a line manager, or with someone from HR or payroll. However, even in these circumstances, employees should still be signposted to the employer’s written grievance procedure, in case they would like to lodge a formal grievance instead. Equally, if the matter cannot be adequately resolved internally, despite best efforts, the employee should again be advised to put their complaint in writing so that a formal grievance process can be initiated by the employer.

In broad terms, when handling a grievance, it is often about finding the quickest and most effective resolution to the issue(s) raised to the employee’s satisfaction, without the matter escalating into a formal grievance. However, if the matter is especially serious, or cannot otherwise be resolved on an informal basis, ensuring that the matter is fully investigated and appropriate action is taken in response may be necessary to avoid legal proceedings.

It can also be important for the employer to carefully document this process, so that there is clear evidence of any decision-making and action taken in the event of a tribunal claim.

 

Informal grievance at work procedure

 

An informal grievance procedure is a valuable approach for UK employers to address minor workplace issues and concerns in a flexible and approachable manner. Here’s how it should work:

First and foremost, employers should create a workplace culture that encourages open communication, making it easy for employees to approach their line managers or immediate supervisors to discuss their concerns. Accessibility is key to ensuring that employees are aware of the informal process and know how to initiate it.

Once an employee raises an informal grievance, employers or managers should respond promptly. This involves acknowledging the employee’s concern and scheduling a meeting to discuss it in a timely manner. Promptness in response conveys to the employee that their issue is taken seriously.

Confidentiality is a vital component of the informal grievance procedure. Both employers and employees should treat the matter with discretion, ensuring that the employee’s privacy is respected. A confidential process encourages open communication and makes employees more comfortable sharing their concerns.

During the meeting to discuss the grievance, employers should foster an open and honest dialogue. The employee should be given the opportunity to explain their concerns in detail, and employers should actively listen and ask questions to gain a clear understanding of the problem.

The objective of the discussion is to identify potential solutions or resolutions to the grievance. Employers and employees can work together to propose changes to working conditions, address interpersonal conflicts, or find mutually acceptable compromises.

It’s advisable to document the informal grievance discussion, including the date, participants, and details of the conversation. These records can be valuable for future reference if the issue persists or escalates to a formal grievance.

After the informal meeting, employers should follow up with the employee to ensure that any agreed-upon actions have been taken and that the issue has been resolved to the employee’s satisfaction. This demonstrates a commitment to effectively addressing the concern.

Each informal grievance should be viewed as an opportunity for employers to learn and improve. By addressing concerns and making necessary changes, employers can enhance the overall workplace environment and prevent similar grievances from arising in the future.

Employers should monitor informal grievances over time to identify any recurring issues or trends. This information can be valuable for making systemic improvements and preventing similar grievances from arising in the future.

Finally, it’s essential to ensure that all employees are aware of the informal grievance procedure and how to initiate it. Training may be provided to managers and supervisors to equip them with the skills to handle informal grievances effectively.

 

Formal grievance at work procedure

 

The way in which a grievance is dealt with can often depend on the nature and severity of the complaint made. However, once a written grievance has been lodged, the employer must follow a full and fair procedure, which as a minimum must be in line with the Acas Code, even when there is no organisational workplace policy in place. The procedure can be adjusted depending on the size of the employer’s business or organisation. For example, a manager of a small business with one or two employees might need to manage the grievance procedure on their own.

However, regardless of the size of the organisation, the employer must:

 

  • make clear that they will deal with grievances fairly and consistently, where an employer should aim to follow the same fair procedure if a similar grievance has been raised before
  • investigate the matter fully to get as much information as possible, gathering evidence from all sides and considering all the information available
  • allow the employee, on reasonable request, to be accompanied to their grievance hearing by a relevant person, such as a fellow worker or trade union representative
  • where further information is needed before making a decision, the employee should be informed of this in writing and told of the likely timescale involved
  • give everyone a chance to have their say before making a decision, including allowing the employee to explain how they would like their complaint to be resolved
  • take action and make decisions as soon as they can, where a grievance hearing should be held without unreasonable delay, ideally within 5 working days
  • provide the employee with a written outcome of their grievance as soon as possible, including reasons for the decision reached and what action, if any, is going to be taken
  • allow the employee to appeal against the outcome of their grievance.

 

If the employee’s grievance is upheld, the employer may need to take further steps to resolve the matter complained of, including taking disciplinary action against another member of staff where allegations of misconduct have been raised against them. It could also require the employer to take positive steps to address any matters for which they are directly responsible, such as discharging any arrears of pay in the context of a salary dispute or making changes to the employee’s working conditions.

 

What to include in a workplace grievance policy

 

In practice, a workplace grievance policy is a crucial component of an organisation’s overall approach to addressing and resolving workplace disputes and conflicts. It provides a structured framework for employers to address and resolve issues promptly, consistently and fairly, thereby mitigating legal risk, while allowing employees to voice their concerns and seek resolutions, fostering a harmonious, positive and productive work environment.

A well-constructed grievance policy should include several key elements to ensure that it is clear, effective, and fair for all parties involved:

  • Scope and Purpose: Begin the grievance policy with a clear statement of its scope and purpose. Explain that the policy is intended to provide employees with a mechanism for addressing workplace issues, conflicts, and concerns in a fair, consistent, and confidential manner.
  • Definition of Grievance: Define what constitutes a grievance within the organization. This can include any issue, concern, or complaint related to employment, such as harassment, discrimination, working conditions, or interpersonal conflicts.
  • Access and Communication: Describe how employees can access the grievance procedure, including whom they should contact and how they can submit their concerns. Provide multiple channels for submitting grievances, such as in-person meetings, written submissions, or electronic forms.
  • Confidentiality: Emphasise the importance of confidentiality in the grievance process. Assure employees that their concerns will be handled discreetly, to the extent possible, while maintaining transparency where necessary.
  • Timelines: Establish clear timelines for each stage of the grievance process. Specify how quickly the organization aims to respond to grievances, conduct investigations, and provide resolutions. This ensures that the process is not unnecessarily prolonged.
  • Investigation Process: Outline the steps involved in investigating a grievance. Describe who will conduct the investigation, how evidence will be gathered, and how witnesses may be interviewed. Ensure that investigators are unbiased and impartial.
  • Right to Representation: Explain whether employees have the right to representation, such as a colleague or union representative, during the grievance process. This can help ensure fairness and provide emotional support.
  • Resolutions and Outcomes: Detail the potential outcomes of the grievance process, including possible resolutions and remedies, such as disciplinary actions, mediation, or policy changes. Ensure that the resolution aligns with the nature of the grievance.
  • Appeals Process: If an employee is dissatisfied with the outcome, describe the steps for filing an appeal. Specify the designated authority or committee responsible for reviewing appeals and their role in the process.
  • Protection Against Victimisation: Emphasise that employees are protected from retaliation for filing a grievance. Make it clear that any form of retaliation is strictly prohibited and will be dealt with appropriately.
  • Record Keeping: Indicate the organisation’s record-keeping practices for documenting grievances, investigations, and outcomes. These records can be essential for monitoring trends and ensuring accountability.
  • Training and Awareness: Highlight the organisation’s commitment to training employees, managers, and HR staff on the grievance policy and process. Promote awareness of the policy and encourage employees to report concerns promptly.
  • Review and Continuous Improvement: Explain that the grievance policy is subject to periodic review and improvement. Encourage feedback from employees and stakeholders to make necessary adjustments and keep the policy relevant.
  • Legal Compliance: Ensure that the policy complies with all applicable laws and regulations related to employment, workplace safety, and anti-discrimination.
  • Communication Plan: Define how the organization will communicate the grievance policy to all employees. This may include distributing the policy handbook, conducting training sessions, and making the policy easily accessible through the company’s intranet or website.
  • External Resources: Provide information on external agencies or ombudsmen that employees can contact if they believe their grievance has not been adequately addressed within the organisation.
  • Language and Accessibility: Ensure that the policy is available in multiple languages if your workforce is linguistically diverse. Make it easily accessible to employees with disabilities or those who may need accommodations or adjustments.

 

 

Grievance appeal process

 

If an informal grievance is not resolved, the employee can lodge a formal grievance in writing. However, if a formal grievance is raised, but the grievance is not upheld, the employee should be given a right of appeal. The employee will need to set out their grounds of appeal without unreasonable delay and the appeal should be heard as soon as reasonably possible. Where at all possible, the appeal hearing should be dealt with by a manager or senior staff member not previously involved in the grievance process. The outcome of the appeal must also be communicated to the employee in writing.

 

If a grievance cannot be resolved

 

If the employee remains unhappy with the outcome of the appeal, they may be able to bring a claim before the employment tribunal. In most cases, the employee will be required to discuss the matter first with Acas, to see if the employee agrees to early conciliation. This is a process in which Acas will liaise with the employer and employee to explore a basis for settlement. If both parties agree to engage in early conciliation, this can often be a cost effective way of resolving an ongoing dispute, although the employee is not required to consent to this process and may prefer to pursue the matter before the tribunal instead.

Acas is able to offer free and impartial advice to both employers and employees, where an employer may want to contact Acas prior to a workplace dispute escalating into tribunal proceedings. In this way, the employer may be able to instigate early conciliation if the matter cannot be resolved internally. The Acas website also provides advice on dealing with grievances at work. Alternatively, employers may want to seek expert advice from an employment law specialist to explore the available options for resolving a dispute.

 

Settlement agreement following grievance

 

Settlement agreements are important tools for employers when dealing with workplace disputes such as grievances. These legal documents outline the terms and conditions under which employment issues will be resolved, and they can help both employers and employees reach mutually agreeable solutions.

When using settlement agreements after a grievance, it is important to ensure that the agreement is drafted clearly and comprehensively to avoid ambiguity and future disputes. The terms should reflect a fair and reasonable outcome, taking into account the concerns raised by the employee while protecting the interests of the business.

It is essential for employers to approach settlement discussions with transparency and sensitivity, ensuring that employees fully understand their rights and the implications of signing the agreement. Offering the employee the opportunity to seek independent legal advice is a legal requirement and helps to demonstrate fairness in the process. Employers should also ensure that the agreement includes a clear breakdown of any financial compensation, tax implications, and non-financial terms such as references or confidentiality clauses.

Confidentiality is a key aspect of settlement agreements, and it is important to specify which elements of the grievance and agreement must remain confidential to prevent reputational damage or further disputes. Timely resolution is also crucial, as delays can prolong workplace tensions and reduce the likelihood of an amicable outcome.

Finally, employers should ensure that the agreement complies with employment law and any relevant internal policies. Seeking professional legal advice when drafting or negotiating settlement agreements can help to minimise risks and ensure the terms are legally enforceable. By following these best practices, employers can use settlement agreements effectively to address workplace grievances while maintaining a positive and compliant work environment.

 

Failure to properly deal with a grievance at work

 

If an employer fails to deal with a grievance at work, either adequately or at all, there can be a number of adverse consequences arising out of this, including the employer being forced to defend a claim before the employment tribunal. A failure to resolve a grievance can also result in conflict at work, reduced employee engagement, the employee taking sick leave for work-related stress or even the loss of a valuable member of staff.

Additionally, any failure to follow a full and fair grievance procedure can affect the outcome of any tribunal claim that may be made at a later date. This is because the procedure that has been followed, and whether or not the employer has complied with the minimum standards of fairness, can be taken into account where a formal grievance was lodged in writing. A failure to follow the Code of Practice does not, of itself, make an employer or organisation liable to tribunal proceedings. However, employment tribunals will take the Acas Code into account and can adjust any compensatory awards made in relevant cases by up to 25% for any unreasonable failure to comply with any provision of the Code.

 

Need assistance?

 

Contact us for expert advice on any aspect of grievances at work, including developing grievance at work policies, procedures and implementation plans, or for specialist guidance on a specific grievance you are facing.

 

Grievance at work FAQs

 

What is a grievance at work?

A grievance is a formal complaint raised by an employee about a workplace issue, such as unfair treatment, discrimination, bullying, or concerns related to working conditions or company policies.

 

How should an employer respond to a grievance?

Employers should follow a clear and fair process when handling a grievance. This typically involves acknowledging the grievance in writing, conducting an impartial investigation, and holding a meeting with the employee to discuss their concerns. A written outcome should be provided, and the employee should have the right to appeal the decision.

 

Is it necessary to have a grievance policy?

Eemployers are legally required to have a grievance procedure in place. The policy should outline the steps employees need to take to raise a grievance and how it will be handled, ensuring compliance with the ACAS Code of Practice.

 

Can an employer reject a grievance?

An employer can decide not to proceed with a grievance if it is deemed frivolous, vexatious, or without merit. However, any decision to reject a grievance should be carefully considered and supported by clear reasoning.

 

What happens if a grievance is not resolved?

If a grievance cannot be resolved internally, the employee may escalate the issue by taking further action, such as lodging a claim with an employment tribunal or seeking mediation through ACAS.

 

Can an employee raise a grievance after leaving the company?

Former employees can submit a grievance if it relates to their time with the company. Employers should follow their usual grievance procedure, but practical limitations may apply, such as the availability of witnesses or records.

 

What are the risks of not addressing a grievance properly?

Failing to address a grievance fairly and in line with legal requirements can lead to claims of constructive dismissal, discrimination, or breach of contract, potentially resulting in costly legal proceedings and reputational damage.

 

How long should a grievance process take?

There is no set timeframe, but grievances should be handled as promptly as possible while ensuring a thorough and fair investigation. Delays can increase dissatisfaction and lead to further disputes.

 

Can an employer discipline an employee for raising a grievance?

Employees have the legal right to raise grievances without fear of retaliation. Disciplinary action against an employee for raising a legitimate grievance could lead to claims of victimisation or unfair dismissal.

 

Should grievances always be resolved formally?

Not necessarily. Some grievances can be resolved informally through open discussions and mediation, but employers should document any informal resolutions to avoid future misunderstandings.

 

What if an employee refuses to attend a grievance meeting?

If an employee refuses to attend a grievance meeting, employers should try to understand their concerns and offer reasonable alternatives, such as rescheduling or allowing representation. If the employee continues to refuse, the employer may proceed with the process based on available evidence.

 

Can an employer involve external parties in grievance investigations?

In some cases, it may be appropriate to bring in an external investigator or mediator to ensure impartiality, particularly if the grievance involves senior management or complex issues.

 

What records should be kept during a grievance process?

Employers should maintain detailed records of all grievance-related communications, meetings, evidence gathered, and final decisions. Proper documentation can provide crucial evidence if the matter escalates.

 

Glossary

 

Term Definition
Grievance A formal complaint raised by an employee regarding workplace issues such as unfair treatment, discrimination, or working conditions.
Grievance Procedure A formal process outlined by an employer for employees to raise concerns and seek resolution in a structured manner.
ACAS Code of Practice Guidelines provided by the Advisory, Conciliation and Arbitration Service (ACAS) to help employers and employees handle workplace disputes fairly and legally.
Constructive Dismissal A situation where an employee resigns due to an employer’s conduct, which has made their position untenable.
Mediation A voluntary and confidential process where an independent third party helps resolve workplace disputes.
Disciplinary Action Steps taken by an employer in response to employee misconduct or poor performance, which must be conducted fairly and in line with workplace policies.
Harassment Unwanted behaviour related to a protected characteristic that violates an employee’s dignity or creates an intimidating, hostile, or offensive environment.
Protected Disclosure Also known as whistleblowing, it refers to an employee reporting wrongdoing within the workplace that is in the public interest.
Victimisation Unfair treatment of an employee who has raised a grievance or complaint, which is unlawful under employment law.
Employment Tribunal A legal body that resolves disputes between employees and employers, including claims related to grievances, unfair dismissal, and discrimination.
Whistleblowing Reporting wrongdoing, such as illegal activity or health and safety breaches, within an organisation to protect the public interest.
Appeal Process The procedure that allows an employee to challenge the outcome of a grievance if they believe it was not handled fairly.
Settlement Agreement A legally binding agreement between an employer and employee to resolve a dispute, usually involving financial compensation and agreed terms.
Workplace Policy A set of guidelines created by an employer to manage various aspects of employment, including grievance procedures.
Confidentiality The requirement to keep grievance-related discussions and documentation private to protect the integrity of the process.
Bias Prejudice or unfair treatment that can affect the impartiality of grievance investigations and decisions.
Investigation The process of gathering facts and evidence related to a grievance to determine whether it has merit and how it should be resolved.
Bullying Persistent behaviour that is intended to intimidate, humiliate, or undermine an employee in the workplace.
Right to be Accompanied The legal right of an employee to bring a companion, such as a colleague or trade union representative, to grievance meetings.
Reasonable Adjustment Changes made by an employer to accommodate an employee’s needs, particularly those with disabilities, to ensure they are not disadvantaged.

 
 
 

Author

Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.

She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.

Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals

About DavidsonMorris

As employer solutions lawyers, DavidsonMorris offers a complete and cost-effective capability to meet employers’ needs across UK immigration and employment law, HR and global mobility.

Led by Anne Morris, one of the UK’s preeminent immigration lawyers, and with rankings in The Legal 500 and Chambers & Partners, we’re a multi-disciplinary team helping organisations to meet their people objectives, while reducing legal risk and nurturing workforce relations.

Read more about DavidsonMorris here

 

Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.

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