Grievance: overview

A grievance is an issue, complaint, concern or problem. An employee may have a grievance about issues that affect their well-being and ability to do their job effectively.

These include:

• Terms and conditions of employment
• Intimidation
• Incompetent colleagues
• A dangerous work environment
• A lack of resources to do their job
• Too great a workload
• Bullying and harassment

It is important for employers to deal with grievances, disputes and complaints seriously and quickly. If they are not addressed and resolved, an employee may consider that they are unable to carry on working.

Dealing with grievances

Employees should aim to resolve most grievances informally with their line manager. Where this is not appropriate they should take the issue up with their line manager’s immediate superior.

It is good practice to agree a time and place for meeting with employees to resolve a greivance. Small organisations might not have private meeting rooms, but it is important that the meeting is undisturbed and confidential.

If a grievance cannot be settled informally, the employee should raise it formally with the management. Employers should ensure that a process is in place to enable employees to raise a grievance and for it to be dealt with fairly and promptly, in line with the Acas Code of Practice on Disciplinary and Grievance Procedures.

Standard procedure

The Employment Act 2002 (Dispute Resolution) Regulations 2004 set out a standard procedure for handling grievances. However, on 6 April 2009, these statutory dispute resolution procedures were repealed in their entirety when the provisions of the Employment Act 2008 were implemented.  As a result, a new Code of Practice on Disciplinary and Grievance procedures issued by Acas came into force. 

The Acas Code of Practice encourages employees to raise their concerns with employers and try to resolve them informally in the first instance. 

Where it is not possible to resolve the grievance informally, the code stipulates that employees should raise it formally with a manager who has not been involved in the nature of the concerns, in writing. A meeting should then be arranged by the employer as soon as possible and the employee given the right to be accompanied.  If the employee remains unsatisfied with the outcome, they should be given the right to appeal.

Employment Tribunals now refer to this code to determine whether or not a fair process has been followed.

Under the old legislation, employers and employees were required to follow a different process if the grievance was raised after employment had ended or the procedures had not been completed or started by the end of employment, known as the ‘Modified’ procedure.  However, this was also repealed and employers and employees are no longer required to follow this process.

Good practice

Employers should draw up a clear grievance policy. They should consult managers, other employees and employees' representatives (trade union reps) where appropriate.

Raising a grievance in writing is not always easy for everyone. Under the Disability Discrimination Act 1995 employers are required to make reasonable adjustments which may include assisting employees to formulate a written grievance if they are unable to do so themselves because of a disability.

The grievance policy should:

• Be simple and put in writing
• Enable an employee’s line manager to deal informally with a grievance
• Keep proceedings confidential
• Allow the employee to have a fellow worker or a trade union official as a companion at the meeting

Organisations may also wish to create specific grievance policies that address particular areas of concern, such as sexual harassment, violence or bullying. Such policies should clearly define the behaviour they prohibit and spell out the disciplinary consequences to those who breach their requirements.

Particular sensitivity needs to be used in cases of alleged sexual or racial harassment or other discriminatory behaviour. External advice may be needed in such cases.

Employers should keep clear and confidential records of:

• The nature of the grievance
• Copy of employee's written statement of grievance
• Copy of employer's response
• Action taken
• Reasons for action
• Any information relating to an appeal
• Further developments

NCVO has created an example grievance procedure that can be adapted and given to employees which builds on the standard statutory (grievance) procedure.

As far as is reasonably practicable, any appeal should be heard by a more senior manager than the one who dealt with the original grievance. This may not be possible for small employers, but in larger organisations it is good practice to allow further appeal to a higher level of management.

Mediation

Sometimes it may not be possible to resolve concerns between those directly involved and a different perspective may be helpful. In these circumstances, either at the informal or formal stages mediation should be considered. 

Where mediation is considered appropriate, the formal procedure may be temporarily halted. The mediator does not need to be external although this should be considered should it not be appropriate or possible to be held internally.

Further information

• A guide to Grievance Procedures can be found in the Acas Code of Practice
• Business Link
• Directgov

Mediation services can be obtained through Acas or CEDR Solve:

• Acas services
• CEDR

Reviewed and updated by the HR Services Partnership - April 2010. 

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