Skip to main content

Insight article

October 3, 2014

Dealing with employee grievances

This business briefing sets out how a business should respond if an employee raises a grievance.

Why is it important to follow the ACAS code?

It can avoid a potential claim

ACAS introduced the Code of Practice on Disciplinary and Grievance Procedures to help businesses and resolve employees’ grievances in the workplace. Dealing with a grievance effectively can avoid employment tribunal claims by allowing the issue to be resolved internally.

It can affect the level of compensation

If an employee’s claim is successful, but either the business or the employee has failed to follow the ACAS Code, the level of compensation awarded can be affected: if the business unreasonably fails to follow the Code, the employment tribunal may increase the employee’s compensation by up to 25%; or if the employee unreasonably fails to follow the Code, the employment tribunal may reduce their compensation by up to 25%.

This regime applies to the majority of claims brought in an employment tribunal, including those related to:

  • discrimination;
  • unfair dismissal; and
  • breach of contract.

How should you handle employee grievances?

The grievance should be raised in writing

A grievance can be any concern, problem, or complaint an employee raises with the business.

If an employee grievance cannot be resolved informally, the employee should raise it in writing with a manager. If the grievance concerns his or her line manager, raise the grievance with another manager.

A failure to raise the grievance in writing does not prevent an employee from bringing an employment tribunal claim. However, in these cases, awards for compensation may be less.

The business should hold a meeting and investigate the complaint

Hold a meeting with the employee to enable them to explain their grievance and to suggest how they think it should be resolved.

If the matter needs further investigation, adjourn the meeting and resume it after the investigation has taken place.

At the conclusion of the meeting, the business should communicate its decision promptly in writing, including details of any action it intends to take to resolve the grievance.

The employee can bring a companion

Employees have the legal right to bring a companion (a fellow worker or a trade union representative) to a grievance meeting.

However, it would be unreasonable for an employee to bring someone whose presence would prejudice the meeting.

The employee has a right to appeal

When communicating the decision, the business should inform the employee that they have a right of appeal.

If the employee is unsatisfied with the outcome, they should make an appeal in writing specifying the grounds of appeal.

If the employee brings a tribunal claim without first going through the appeal process, they may receive a reduced compensation award.

A manager who has not previously been involved in the matter should deal with any appeal where possible.

Ensure you inform the employee in advance of the time and place of any appeal hearing and that they may bring a companion with them.

The business should communicate its decision promptly in writing.

Handling employee grievances during a disciplinary procedure

Employees often submit grievances during disciplinary procedures regarding either the procedure itself or the circumstances leading up to the initiation of that procedure. The business must decide whether to suspend the disciplinary procedure to investigate the grievance fully or deal with them concurrently if the issues are related.

Practical steps businesses can take to improve their grievance procedures

Involve employees or their representatives in developing workplace procedures. Ensure those procedures are transparent and accessible to employees.

Train managers:

  • how to handle employee grievances effectively;
  • when to involve HR;
  • how to spot potential legal claims.

Encourage managers to resolve issues quickly and informally before they get to a formal grievance stage.

Allow employees to put their side of the story at a meeting before undertaking any necessary investigation and again before making a decision.

Keep written records, including minutes of meetings

Communicate decisions effectively and promptly, setting out reasons.

Call employment lawyer Karen Cole today for more information.

Note: This is not legal advice; it provides information of general interest about current legal issues.

Stay in touch

Subscribe to our newsletter

Stay in touch

By completing your details and submitting this form you confirm you are happy for us to send you marketing communications and that you agree to our Website Privacy Policy and Legal Notice and to us using Mailchimp to process your data.


Sending

News/Insight

  • Deal or no deal? Keeping negotiations on track
    How to keep commercial deals on track with Heads of Terms, NDAs and exclusivity, improving efficiency, reducing risk and avoiding delays.


    Read more
  • Rights and wrongs: How AI is reshaping Employment Tribunal claims
    AI may be a familiar presence in the workplace, but it’s now starting to appear somewhere less expected: the Employment Tribunal (ET). Grayson Stuckey explores this trend – and what it means for employers.


    Read more
  • Renters’ Rights Act: why process and paperwork matter more than ever for landlords
    The Renters’ Rights Act has now passed into law, marking one of the most significant shifts in the private rented sector in a generation. Most of the new measures will take effect in May 2026, with a national landlord database to follow later in th


    Read more
  • Understanding the Roles of Executors and Trustees
    When making a will, you place significant trust in those appointed to carry out your wishes. Executors and trustees are key roles, often held by the same people, but their responsibilities differ. Understanding these roles and their obligations helps


    Read more
  • Assigning or Subletting a Commercial Lease: What Tenants Need to Know
    This article explains the key differences between assignment and subletting, outlines the legal framework in England and Wales, and highlights the practical issues tenants should consider before taking action.


    Read more

What they say...

  • Paul Woodman, March 2026
    Will writing “Excellent service from start to finish. Efficient and good value. Charlotte was very professional, knowledgeable and understanding.”

  • Client, March 2026
    Great Service “Contacted RIAA to update my will and other things. Charlotte and James provided an efficient, friendly service, and the process was dealt with quickly. Much appreciated.”

  • Client, March 2026
    Expert knowledge and support “Pippa was invaluable in her insight, knowledge, and support. Through what is a very difficult time, she gave me hope that there is something to be done. Very solutions-oriented!”

  • Eve, March 2026
    Professional, compassionate and seamless legal support “I would like to express my sincere gratitude to Charlotte, Solicitor at RIAA Barker Gillette (UK) LLP, for the outstanding support she provided to my father during the creation of his will

  • Laura Kelly, February 2026
    Review of legal guidance received “I recently worked with Patrick Simpson on my settlement agreement. Patrick guided me through every stage with exceptional care and diligence. He kept the process moving efficiently, always updating me promptly

Read more
Send this to a friend