HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Written grievance procedure
Employers must have a grievance procedure and share it in writing with employees. The procedure should identify who an employee should contact, explain how a grievance should be raised, set out the stages of the process, provide for an appeal and explain what happens where the normal contact person is involved in the grievance. https://www.gov.uk/handling-employee-grievance/grievance-procedure
Acas Code of Practice
The Acas Code of Practice on disciplinary and grievance procedures provides the principal framework for handling formal workplace grievances. It emphasises fairness, consistency, prompt handling, appropriate investigation, an opportunity for the employee to explain their case, accompaniment at formal meetings and a right of appeal. Employment tribunals can adjust awards by up to 25% where the Code applies and has not been followed and this is relevant to the proceedings. https://www.acas.org.uk/acas-code-of-practice-on-disciplinary-and-grievance-procedures/html
Informal resolution
Where appropriate, employers should consider whether a concern can be resolved informally before moving to a formal grievance process. Informal resolution should not, however, be used to prevent an employee from raising a serious matter formally or where the circumstances make a formal process more appropriate. https://www.acas.org.uk/grievance-procedure-step-by-step
Investigation and fairness
Employers should carry out any necessary investigation to establish the facts and should consider information from all relevant sides before reaching a decision. Investigations should be reasonable and proportionate to the circumstances of the grievance. https://www.acas.org.uk/investigations-for-discipline-and-grievance-step-by-step
Right to be accompanied
Workers have a statutory right to be accompanied at a formal grievance meeting where the grievance concerns a complaint about a duty owed by the employer to the worker, including certain contractual or legal duties. Employers may also choose to allow accompaniment more broadly under their own policy as a matter of good practice. The statutory companion can be a fellow worker, a trade union official or a certified trade union representative. https://www.acas.org.uk/grievance-procedure-step-by-step/step-4-the-grievance-meeting
Grievance appeals
Employees should be given the opportunity to appeal a grievance outcome. An appeal should be dealt with impartially and, wherever possible, by a manager who was not previously involved in the case. The appeal should provide an opportunity to consider whether the procedure was fair, whether the decision was reasonable and whether relevant new evidence or other grounds require the matter to be reconsidered. https://www.acas.org.uk/appealing-a-disciplinary-or-grievance-outcome
Discrimination and harassment
Grievances may concern discrimination, harassment, victimisation or other unlawful treatment. Employers should ensure that such concerns are taken seriously and investigated appropriately, and that employees are not subjected to detrimental treatment for raising a genuine concern. https://www.gov.uk/discrimination-your-rights/discrimination-at-work
Confidentiality and records
Information obtained during a grievance should be handled sensitively and only shared with people who need it for legitimate purposes. Employers should keep appropriate records of the grievance, investigation, meetings, evidence, decision and appeal while complying with applicable data protection requirements. https://ico.org.uk/for-organisations/uk-gdpr-guidance-and-resources/employment/