Grievance Policy: What to Include

Dealing with complaints from your workforce is an inevitable part of being an employer or manager. It’s critical to understand how to deal with issues properly, from small concerns to serious breaches, or you risk tribunal claims, workplace disruption and conflict, and damage to your employer brand.

Likewise, employees should have confidence that any work-related complaints they raise will be dealt with appropriately and competently by their employer, while maintaining confidentiality and minimising any fears of victimisation or harassment relating to raising concerns.

A company grievance policy is an effective tool in ensuring compliant handling of workplace complaints. These guidelines allow employees to understand how to file grievances as well as what steps are needed to reach resolution.

In this guide, we’ll look at what a grievance policy is, employee rights on raising issues, and how to create a policy that deals with any workplace complaint.

 

What is a grievance?

 

A helpful place to start is defining what is meant by a grievance and as such, what is covered by any grievance policy.

A grievance is when an employee has a problem or complaint arising out of a situation at work which they are unhappy with or is causing them concern — typically where their statutory or contractual employment rights have been breached in some way, or where they feel they are being treated unfairly — and that they wish to take this up with their employer on either an informal or formal basis.

Employers should have in place a grievance procedure that allows such issues to be resolved in a fair and lawful way.

As a minimum, employers should follow the principles set out in the Acas Code of Practice for Disciplinary and Grievance Procedures. While following the Code of Practice isn’t a legal requirement, it is well advised since any failure to do so may result in an uplift in compensation should an employee take a claim to the employment tribunal.

It is best practice to set out the grievance procedure, and the associated rules and guidelines, in a grievance policy.

 

What is a grievance policy?

 

A grievance policy is a statement which outlines how your organisation deals with work-related complaints.

The policy is part of your grievance procedure, which every employer should have in place. Information on how a complaint is dealt with – from start to end – should be accessible for all employees.

In the UK, there is no specific law on having grievance policies in place. However, every employer should present a grievance procedure to their employees. Employers must also refer to the ACAS Code of Practice on disciplinary and grievance procedures. These rules outline a resolution procedure used for work-related complaints.

The Code sets out the key steps to handling workplace grievances as:

 

• The employee must let the employer know the nature of the grievance, and this should be done in writing.
• The employer needs to arrange a meeting with the employee to discuss the grievance, this needs to be in a reasonable amount of time.
• The employee has the right to be accompanied to the grievance meeting by a colleague or trade union representative.
• Following the meeting, the employer must decide on what action to take and communicate its decision to the employee in writing.
• The employer must give the employee an opportunity to appeal against the decision. The appeal should be heard ideally by a manager not previously involved.
• These are the basics of handling grievances. In practice, employers should carry out an investigation, look at relevant documents and speak to witnesses as appropriate to ensure you’re paying more than just lip service to the procedure.

 

How to create a grievance procedure policy

 

Template procedures are not ideal for every business and they do not always cover every circumstance, so it is always a good idea to get tailored advice before implementing a policy or procedure in your workplace.

When creating a grievance procedure policy, you should explain the following:

 

• Contact details of the person (or team) who deals with grievances. (For example, a HR department or senior management).
• Procedure for grievances that can be resolved informally.
• Procedure for grievances that must be resolved formally.
• Procedure of a grievance hearing (only for a formal grievance).
• Information on an employees’ legal right for representation during meetings. (For example, a direct supervisor or trade union representative).
• Methods on reaching a resolution and how to request an appeal.
• Once you’ve written your policy, add the terms to employee contracts and handbooks. And ensure it’s in line with the grievance procedure you have in place.
• Sometimes, a resolution cannot be reached by either side and the case may be escalated to an employment tribunal. At this stage, you should comply with the court in order to seek the best outcome for your organisation.

 

Giving examples, on a non-exhaustive basis, can help illustrate the types of issues that are appropriate to raise under the grievance procedure. Common examples of grievances include:

 

• Payment: Like wages, bonuses, and benefits.
• Workplace conditions: Like health and safety or welfare facilities
• Employee conduct: Like discrimination, harassment, and victimisation.
• Custom and practices: Like workloads, deadlines, and production.

 

It’s more practical to have separate grievance policies in place for serious complaints, like sexual harassment.

 

Other considerations

 

Resolving grievances informally

 

In most cases, complaints can be dealt with informally without the need to raise a grievance. This requires the employee to raise the issue without undue delay and the employer to take appropriate action. When an employee raises a complaint, discuss the matter in a comfortable setting. Allow them to demonstrate their concerns, whether it’s with their job or the company itself. Handle the matter as confidentially as possible and in a supportive and understanding way, and try to resolve things as quickly as possible.

If things don’t improve, or if the employee doesn’t feel they can or should speak to their manager, or if the complaint is of a serious nature, it would justify moving straight to a formal grievance.

 

Employee rights during grievance procedures

 

Whatever the complaint may be, every employee is automatically protected against discrimination related to the complaint, under the victimisation and harassment protections. You can’t enforce disciplinary action simply because they raised a grievance. This applies for both informal and formal complaints.

Neglecting your employees’ legal rights means you could face detrimental concerns for your organisation. Employment tribunals can force you to pay compensation and collective legal fees. The winning party may also be awarded 25% of overall damages.

Your company may also suffer reputational damages – which aren’t easy to recover from. That’s why it’s crucial that you manage every complaint in an appropriate manner.

 

Do grievance policies need to be in writing?

 

Having a written grievance policy isn’t a legal obligation, however it’s well advised and highly beneficial. Employees can directly refer to these guidelines at any time. Your policy also stands as documented evidence, in cases like tribunals or hearings. While you might have implied rules or traditions which are commonly acknowledged by your employees, it’s good business practice to have your formal grievance procedure in writing to avoid any misunderstandings or legal risk of non-compliance.

 

Need Assistance?

 

For expert advice, contact our employment law specialists.

 

Grievance Procedure FAQs

 

What is a grievance procedure?

A grievance procedure is a formal process that allows employees to raise concerns or complaints about their work environment, treatment, or relationships at work. It ensures that these issues are addressed fairly and consistently.

 

Is a grievance procedure mandatory for UK employers?

UK employment law requires employers to have a grievance procedure in place. It is also recommended by the ACAS Code of Practice to ensure that grievances are handled properly and fairly.

 

How should an employee raise a grievance?

Employees should typically start by raising their concern informally with their line manager. If the issue is not resolved, they can escalate it by submitting a formal grievance in writing, following the company’s grievance procedure.

 

What should be included in a grievance procedure?

A grievance procedure should include steps for raising a grievance, how it will be investigated, how the decision will be communicated, and the right to appeal. It should also outline the timelines for each stage of the process.

 

What is the role of ACAS in grievance procedures?

ACAS (Advisory, Conciliation and Arbitration Service) provides guidance on best practices for handling workplace disputes. Following the ACAS Code of Practice on grievance procedures helps ensure that employers meet their legal obligations and can also be used in employment tribunal decisions.

 

Can an employee bring someone to a grievance meeting?

Employees have the right to be accompanied by a colleague or a trade union representative at any grievance meeting. This provides support and helps ensure that the process is fair.

 

What happens if a grievance is not resolved?

If a grievance is not resolved to the employee’s satisfaction, they have the right to appeal the decision. The appeal should be heard by someone not involved in the original grievance process to ensure impartiality.

 

How long should a grievance procedure take?

There is no set timeframe, but grievance procedures should be handled as quickly as possible, while ensuring a thorough investigation. Employers should provide clear timelines within their grievance policy and keep employees informed throughout the process.

 

Can a grievance be about anything?

A grievance can cover a wide range of issues, including concerns about discrimination, harassment, workload, work conditions, and interpersonal conflicts. However, it should be something that affects the employee’s ability to do their job or their work environment.

 

What should an employer do if multiple grievances are raised?

If multiple grievances are raised, particularly if they are related or involve the same individuals, employers may consider investigating them together to ensure a comprehensive and efficient process. However, each grievance should still be treated individually and fairly.

 

Can a grievance lead to disciplinary action?

If a grievance reveals serious misconduct, it could lead to disciplinary action against the employee or employees involved. However, this should be handled separately from the grievance process, following the company’s disciplinary procedures.

 

Glossary

 

 

Term	Definition
Grievance	A formal complaint raised by an employee regarding workplace issues such as treatment, conditions, or relationships.
Grievance Procedure	The formal process an organisation follows to address and resolve grievances raised by employees.
ACAS	Advisory, Conciliation and Arbitration Service – a UK organisation providing guidance on workplace disputes and best practices for employers.
Employment Tribunal	A legal body in the UK that resolves disputes between employers and employees, including cases involving grievances.
Informal Resolution	Attempting to resolve a grievance through informal discussions before initiating the formal grievance procedure.
Formal Grievance	A written complaint submitted by an employee that triggers the formal grievance procedure.
Investigation	The process of gathering information, evidence, and statements to understand and resolve a grievance.
Grievance Hearing	A formal meeting where the grievance is discussed between the employee and employer, often with a representative present.
Right to Appeal	The employee’s right to challenge the outcome of a grievance decision if they are not satisfied with it.
Disciplinary Action	A process initiated by the employer to address an employee’s misconduct, which can result from issues raised during a grievance.
Trade Union Representative	An individual from a trade union who can accompany an employee during a grievance hearing to provide support and representation.
Workplace Dispute	Any disagreement or conflict arising in the workplace, which may lead to a formal grievance if unresolved.
Best Practices	Guidelines or methods that are widely accepted as the most effective in achieving compliance and fairness in handling grievances.
Legal Obligations	The requirements under UK law that employers must fulfil in relation to workplace grievances and other employment matters.
Outcome	The final decision or resolution provided by the employer after investigating and considering a grievance.