Navigating grievance procedures: 10 top FAQs answered

1. What is a grievance procedure?

A grievance procedure is a formal workplace process for dealing with complaints. Your grievance policy should detail your grievance procedure, outlining how employees can raise concerns or complaints related to their work, workplace environment, or colleagues. It provides a structured process for addressing and resolving these issues fairly.

2. Does every company need a written grievance procedure?

Yes, every company should have a written grievance procedure. By law, every employer must have a formal grievance process and this should be shared in writing with all employees. It should include who the employee should contact about a grievance and how this person can be contacted. For best practice, this should follow the minimum standard for fairness provided by the Advisory, Conciliation and Arbitration Service (Acas) Code of Practice for grievance procedures, and should always be easily accessible for employees to review.

Having a written grievance procedure provides clarity and consistency for handling grievances, and setting clear expectations and timelines. It also ensures compliance with recommended practices like those from the Acas Code of Practice, promoting fairness and transparency in resolving workplace grievances.

For more information about grievance procedures, check out the government website.

3. Does my grievance procedure have to follow the Acas Code of Practice?

Although the Acas Code of Practice is not legally binding, it is strongly recommended that your grievance procedure follows the Acas Code of Practice. Employment tribunals can adjust awards by up to 25% for unreasonable failure to comply with the code, so it is important to keep in mind when you are creating and maintaining a fair grievance procedure for your business.

4. Can you resolve a grievance procedure informally?

Yes, many grievances can be resolved informally through open dialogue and discussion between the employee and their manager or HR. This can often lead to quicker resolutions and maintain positive working relationships.

5. What should be included in my company’s grievance procedure?

Your company’s grievance procedure should include clear steps for employees to raise a grievance, who they should submit the grievance to, details on how grievances will be investigated and resolved, timeframes for each stage, and information on the right to appeal.

6. Can you deal with a grievance procedure and a disciplinary at the same time?

Yes, it's possible to handle both processes simultaneously if the issues are interconnected. For example, if a grievance relates to alleged misconduct, both processes may need to be managed concurrently but separately. If both issues are not connected, the employer can pause the disciplinary procedure and deal with the grievance first.

7. Does an employee have the right to be accompanied to the meeting?

Yes, under the Employment Relations Act 1999, employees have the statutory right to be accompanied by a fellow worker or trade union representative at grievance meetings. This person can support and represent them but cannot answer questions on their behalf.

8. What happens after the grievance hearing?

After the grievance hearing, an employer must consider the information discussed, evidence presented and any mitigating factors. The employer will then make a decision and communicate the outcome to the employee in writing, along with any actions to be taken. You can find our grievance procedure outcome letter here.

9. Can the employee appeal the grievance outcome?

Yes, employees have the right to appeal the outcome of a grievance if they are dissatisfied with the decision or believe the procedure was not followed correctly. The appeal should be made in writing, stating the grounds for their appeal, within a specified timeframe outlined in the grievance procedure.

10. How long should a grievance procedure take to resolve?

The timeframe for resolving a grievance can vary depending on its complexity and the specifics of the situation. However, Acas recommends that grievances should ideally be resolved within 4 weeks. More complex cases may take longer, but employers should aim to handle grievances promptly to maintain trust and morale.

How can Docue help?

With Docue, you can create a top-quality grievance policy in minutes. The service includes model clauses designed by lawyers to help you draft the documents yourself and tailor them to your company's needs. Docue's grievance policy template also includes guidance notes drafted by lawyers to help you through the process.

In addition to Docue's comprehensive grievance policy template, we also offer two essential grievance letter templates to streamline your grievance management process:

• Grievance meeting letter: This template serves as an invitation letter for a grievance meeting in response to an employee's raised concern. It provides a clear confirmation of the meeting date, attendees, and location for the initial discussion with the employee.

• Grievance outcome letter: Our outcome letter template is designed to confirm the grievance's resolution in writing, ensuring transparency and clarity. It also outlines the steps an employee can take if they disagree with the outcome, facilitating a fair and effective dispute resolution process.

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