Grievances

Overview

• Grievances are covered in the ACAS Code of Practice on Disciplinary and Grievance Procedures, supplemented by the ACAS Guide Discipline and Grievances at Work.
• Employees do not have to raise a grievance before bringing a tribunal claim, but if they fail to do so unreasonably any compensation awarded can be reduced by up to 25%.
• Collective grievances are not covered by the ACAS Code.
• Employers and employees should try to resolve grievances informally if possible.
• If a grievance cannot be resolved informally, the employee should raise the matter formally and without unreasonable delay with a manager. The formal grievance should be put in writing and set out the nature of the complaint.
• Grievance procedures should be specific, clear and set down in writing.
• Employers should involve employees (or, where appropriate, their representatives) in the development of grievance rules and procedures.
• Employees and managers should understand what the grievance rules and procedures are, where they can be found (e.g. staff handbook or on an Intranet) and how they are to be used.
• Ideally employees should be asked to confirm that they have read and understand the grievance policy.
• Neither the ACAS Code or Guide cover grievances from ex-employees.

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What is a grievance?

• The definition of a grievance is wider than that used under the old (pre-April 2009) statutory procedures.
• Any problems or concerns which an employee has about their work, working environment, terms and conditions, or relationships with colleagues may amount to a grievance.
• Employees may raise grievances about issues not directly within the control of the employer, e.g. customer relationships. The Guide recommends that such complaints are treated in the same way as grievances within the organisation.

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Procedure

• Employers might consider including in their grievance procedures a requirement for employees to state when a formal grievance is being raised.
• Employers should treat all written complaints as formal grievances regardless of whether they contain the words 'grievance' or 'complaint' or not.
• Once an employee has raised a grievance, the employer should hold a formal grievance meeting without delay to discuss the matter. At this meeting  the employee should be allowed to explain their grievance and how they think it should be resolved.
• Employees do not have a right to call witnesses to grievance hearings.
• It is good practice to adjourn the meeting before a decision is taken as to how the deal with the grievance - to allow time for reflection and proper consideration and further checking of any matters if necessary.
• The employee should be given the right to be accompanied at a grievance hearing. This right only applies where the grievance relates to a duty owed by the employer to the employee, e.g. under their employment contract. It does not apply to complaints which do not involve any breach of duty, e.g. complaints about tea-making facilities.
• The chosen companion may be a fellow worker, a union representative, or an official employed by the union.
• The employer should decide on appropriate action which should be communicated to the employee, in writing, without unreasonable delay.
• If the employee is unhappy with the employer’s decision he or she should appeal. This must be done in writing and the grounds for appeal specified. While the onus is on an employee to appeal, the ACAS Guide recommends that employers should take the initiative to arrange an appeal if it appears that the employee is unhappy with the grievance decision.
• The appeal should ideally be heard by a manager not previously involved in the case. The letter inviting the employee to appeal should remind them of their right to be accompanied and that the appeal is the final stage of the procedure.
• The employer should notify the employee of the outcome of the appeal, in writing, without unreasonable delay.
• The employer should keep records of any grievance cases including what the grievance was about, what was decided/action taken, the reason for this, whether an appeal was heard and its outcome.
• The ACAS Code suggests dealing with issues such as bullying, harassment and whistleblowing under a separate procedure, although there is no obligation to do so. For example, a grievance policy on bullying or harassment might cover extra issues such as confidentiality and whether the complainant and/or alleged perpetrator might be suspended during any investigation,
• The ACAS Guide contains detailed guidance for managers on preparing for and conducting a grievance meeting.

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Overlapping disciplinary and grievance issues

• The Code addresses the issue of overlapping disciplinary and grievance procedures by providing that where an employee raises a grievance during a disciplinary process, the disciplinary process may be temporarily suspended to deal with the grievance.
• Where the grievance and disciplinary issues are related it may be appropriate to deal with them concurrently. In practice however disciplinary and grievance procedures should usually only be dealt with concurrently where the subject matter is closely linked.

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Resources

ACAS

• Disciplinary and Grievance Procedures - the ACAS Code of Practice
• Discipline and Grievances at Work - the ACAS Guide: contains sample disciplinary and grievance procedures (Appendix 2), and sample letters (Appendix 3)
• Mediation: An Employer's Guide

• Avoiding and Resolving Discipline and Grievance Issues at Work

• Handling Grievances

• Factsheet - Discipline and Grievances at Work
• Factsheet - Mediation at Work

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