Grievance templates toolkit

You must treat all grievances promptly and seriously, and try to achieve a resolution. You must also ensure you follow your organisation's grievance policy,

If you do not follow a fair and proper process, you run the risk of the aggrieved employee bringing a legal claim against you and/or damaging relations in your workplace.

• All employees must have a written statement of terms and conditions of employment that contains specific information concerning grievances, such as who to contact and how to file a grievance, but can also send the employee to another easily available document for information on any "next steps."

• According to case law, an employer has an implicit obligation to "fairly and promptly offer its employees a reasonable chance to pursue redress of any grievance."

• The Acas Code of Practice on Disciplinary and Grievance Procedures offers employers, workers, and their representatives with fundamental practical information and establishes guidelines for managing grievance problems in the workplace. Written grievance processes and grievance proceedings must be in accordance with the code.

• Although failing to observe the code does not automatically subject an employer to legal action, employment tribunals will examine the code when assessing relevant situations.

• Many grievances may be settled amicably with a quiet word. However, if informal settlement is not feasible, a grievance procedure should outline the proper steps for an employee to take to raise the matter with management in writing.

• A grievance procedure should include a right of appeal for employees who believe their issue has not been addressed properly.

• When attending any formal disciplinary or grievance hearing, employees (and workers) have the statutory right to be accompanied by a fellow worker or trade union official.

Navigating Grievance processes correctly is crucial to help you avoid any problems (which can be costly in terms of time, money and reputation).

Recent UK case law has highlighted key aspects of good Grievance management. Knowing how courts have handled claims can help you assess whether your proposed actions are likely to be seen as reasonable.

Here are some notable rulings and their implications:

• Newcombe v. Council (2019):

  Facts: Ms. Newcombe experienced stress and anxiety due to accusations of "throwing sickies" and social media posts deemed derogatory by her employer. Despite an Occupational Health report recommending mediation, the Council did not follow this advice and instead threatened dismissal for ill health. Ms. Newcombe's grievance against her line manager was inadequately investigated, leading to her resignation.

  Outcome: The Employment Tribunal found the Council's conduct breached the implied term of trust and confidence, constituting unfair dismissal, and awarded Ms. Newcombe £11,600.

• Gordon v. J & D Pierce (Contracts) Ltd (2020):

  Facts: Mr. Gordon claimed constructive dismissal after alleging his employer breached the implied term of trust and confidence.

  Outcome: He engaged in the grievance process, which was interpreted by the Tribunal as affirming the contract. However, the Employment Appeal Tribunal (EAT) disagreed, stating that participating in a grievance procedure does not necessarily affirm the contract and can be seen as separate from the breach itself.

  Key takeaway: This case highlights that employees can pursue grievances without waiving their right to claim constructive dismissal later.

• Blackburn v. Aldi Stores Ltd (2020)

  Facts: Mr Blackburn, an LGV driver, raised a grievance about health and safety, training, and alleged abusive behaviour from a deputy manager. The grievance was not handled according to Aldi’s own procedures. Mr Blackburn resigned, claiming constructive dismissal.

  Outcome: The Employment Appeal Tribunal (EAT) ruled that Aldi’s failure to follow its grievance appeal procedure could justify Mr Blackburn’s resignation, constituting constructive dismissal.

  Key Takeaway: Employers should adhere strictly to their grievance procedures, even if non-contractual, and ensure an impartial appeal process as per the ACAS Code.

Here are some complex but often common Grievance-related workplace scenarios that I have successfully helped to resolve, using the resources in this toolkit alongside some direct advice.

• How do I handle a situation where two employees are in conflict with each other?

• Managing allegations of inappropriate behaviour by a manager