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Grievance Procedures

Grievance Procedures

Raising a grievance at work can feel intimidating, but it's your right if you believe you've been unfairly treated. Your employer should review your concerns in what's called a grievance procedure.

Our network of employment law solicitors can provide legal advice on grievance procedures and support you in making a tribunal claim should you need to.

Contact us for a free, no-obligation case assessment.

• What is a grievance at work?

• What is a grievance procedure?

• What are the steps of a grievance procedure?

• How to raise a grievance at work

• How should my employer respond to a grievance?

• What happens in a grievance meeting?

• What are the potential outcomes of raising a grievance?

• How do I appeal a grievance outcome?

• Can a grievance lead to dismissal?

• Can a grievance lead to suspension?

What is a grievance at work?

A grievance at work refers to a formal complaint raised by an employee regarding an issue or concern they have experienced or witnessed in the workplace.

This could include issues such as discrimination, harassment, unfair treatment, or breaches of employment contracts.

What is a grievance procedure?

A grievance procedure is a structured process outlined by an employer that should be followed when an employee raises a formal complaint.

Grievance procedures typically involve internal investigations and discussions to address the complaint.

What are the steps of a grievance procedure?

The steps of a grievance procedure usually follow a similar pattern across most organisations:

1. An employee submits a formal written complaint

2. The employer starts a formal investigation

3. A grievance hearing is held to review the evidence

4. A decision is made based on the evidence.

5. The employer records the grievance, its outcome, and any action taken.

If the grievance is upheld, appropriate actions should be taken to resolve the issue.

How to raise a grievance at work

To raise a grievance, submit a formal written complaint via email or letter to your employer.

Then, follow the steps outlined in your employer's grievance procedure, attending meetings and adhering to timelines. Your employer's grievance procedure should be outlined in your employee handbook or employment contract. If not, you can follow the ACAS Code of Practice. If you're unsure about your rights or next steps, seek advice from an employment solicitor. They can provide guidance tailored to your situation.

How should my employer respond to a grievance?

Your employer should respond to your grievance by following their established procedure or using the ACAS Code of Practice if they don't have one. Usually, this involves investigating the matter and then holding a grievance meeting or hearing.

What happens in a grievance meeting?

In a grievance meeting the hearing should follow a process along these lines:

• Introduction for those attending including the employee who raised the grievance, witnesses, and the employer

• Employee outlines their grievance and the actions they would like to be taken

• Employee submits evidence supporting their claim

• Witness statements are given and witnesses interviewed

• The employee’s companion or representative can question the witness, make a statement, and discuss the grievance with the employer

• The decision maker will outline the main points and evidence

• A decision may be made during the hearing or later.

For more information about grievance meetings, check out our article How To Win A Grievance Hearing As An Employee.

What are the potential outcomes of raising a grievance?

When you raise a grievance at work, there are three potential outcomes:

Grievance upheld

Your employer accepts your grievance. They will discuss the desired outcome with you and explain how they will address the issue.

Grievance partially upheld

Your employer acknowledges part of your complaint but not all of it. They should still take steps to resolve the valid aspects of your grievance.

Grievance not upheld

Your complaint is not accepted by your employer. They should give you a written explanation for their decision.

You have the right to appeal a grievance outcome.

How do I appeal a grievance outcome?

When your employer tells you their decision, they must also inform you of your right to appeal. In the appeal process, you can challenge the decision, explain why you disagree, and request a reconsideration.

To start an appeal, you should submit a written request. Your employer will then schedule a meeting.

If your appeal is unsuccessful, you may continue working, resign, or consider claiming constructive dismissal.

Can a grievance lead to dismissal?

Your employer can't dismiss you just for raising a grievance.

If you report workplace harassment or illegal activities and then face dismissal, you may have grounds for legal action against your employer. This protection also extends to whistleblowing situations where you report wrongdoing.

However, if your grievances are seen to be unfounded or frivolous, your employer may treat it as a disciplinary matter.

Regardless of what happens your employer shouldn't pressure you into resigning due to dissatisfaction with the outcome, as this could also be grounds for a constructive dismissal claim.

Can a grievance lead to suspension?

An employer may suspend an employee while investigating a grievance. This is called a suspension pending an investigation.

However, this should only be considered in serious situations, and employers must :

• Give a clear reason for the suspension

• Emphasise that the suspension does not imply guilt

• Listen to the employee's perspective

• Outline the next steps in the investigation

• Confirm that pay and benefits will continue during the suspension

• Specify the employer's responsibilities during the suspension

• Provide a copy of the organisations suspension policy.

How can Lawhive help?

Raising a grievance at work can be a stressful experience, however, you are protected under the law from unfair dismissal.

If you believe you have a claim against your employer, we can help you build a case. Furthermore, if you have received a settlement offer from your employer, our network of employment lawyers is on hand to provide advice on the agreement before you accept it.

Contact us to discuss your case and get a free case assessment from our Legal Assessment Specialists.