Best Practices for Employers when Handling Workplace Grievances
Workplace grievances are an inevitable part of running a business, whether they stem from interpersonal disputes, concerns about unfair treatment, or allegations of bullying, discrimination, or harassment. While grievances can be challenging, how employers respond to them is critical. Not only for maintaining a productive workplace but also for meeting their legal obligations under employment law.
At RDC Solicitors, we regularly advise clients on grievance procedures, helping employers manage complaints fairly, legally, and efficiently. In this article, we outline best practices for handling workplace grievances, ensuring compliance with the ACAS Code of Practice, maintaining employee trust, and reducing the risk of tribunal claims.
Have a Clear, Written Grievance Procedure
The foundation of effective grievance handling is a clear, accessible, and lawful grievance procedure. Your procedure should outline how employees can raise concerns, to whom, and what steps the employer will take to investigate and respond. While it's not a statutory obligation to have a written grievance procedure unless you employ five or more people, it is strongly recommended.
The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the standard expected of employers. Ensure that all employees know how to access the grievance policy—typically as part of the staff handbook or employment contract.
Respond Promptly and Sensitively
When an employee raises a grievance, whether formally in writing or informally, it’s essential to act without delay. Firstly, acknowledge receipt of the grievance promptly and reassure the employee that it will be taken seriously. A timely response shows respect for the employee’s concerns and helps to prevent the situation from escalating.
Try to approach the matter with discretion and impartiality. Do not dismiss grievances as trivial, even if they seem minor at first glance. Remember that every complaint deserves fair consideration.
Conduct a Fair and Thorough Investigation
Employers must investigate grievances carefully before reaching any conclusions. Firstly, assign an impartial investigator. Ideally, someone not directly involved in the issue should carry out the investigation. For more serious or sensitive issues, consider using an external HR consultant or employment solicitor.
Evidence should then be gathered, which may involve interviewing witnesses, reviewing documents, or examining communications. Keep a clear record of findings. In addition, all investigations should be conducted confidentially, sharing information only with those who need to know.
Failing to investigate properly could not only undermine trust but also be used against the employer in any tribunal claim.
Hold a Formal Grievance Meeting
After the investigation, invite the employee to a grievance meeting to discuss their concerns and findings. According to the law, the employee has the right to be accompanied by a fellow worker or a trade union representative at the meeting. Provide the employee with any relevant evidence or findings beforehand so they have time to prepare.
Allow the employee to explain the issue in their own words and respond to the evidence. This is not a disciplinary meeting, so it should be focused on resolution and understanding.
Make a Reasoned Decision and Communicate It Clearly
After the grievance meeting, make a fair and informed decision, based on the evidence gathered. The decision should be communicated in writing, setting out what the investigation found, whether the grievance is upheld, partially upheld, or not upheld, and any actions the employer will take as a result
Avoid vague conclusions by being specific. For example, if the grievance involves bullying, explain how the behaviour was assessed and what measures will be taken to prevent recurrence. It’s also critical to make sure the decision is grounded in facts, not assumptions.
Offer the Right to Appeal
Employees should always be given the right to appeal the decision, in line with the ACAS Code of Practice. Your grievance policy should outline how appeals can be made, by when, and to whom. Like the initial meeting, an appeal meeting should be conducted impartially—ideally by someone senior who was not previously involved in the case. After the appeal hearing, communicate the final decision clearly in writing.
Offering a genuine and fair appeal process demonstrates your commitment to accountability and transparency.
Take Follow-Up Actions and Prevent Recurrence
Grievance handling doesn’t end once the process is completed. It’s essential to monitor the outcome and ensure a positive working environment going forward. If the grievance revealed systemic issues (e.g., poor communication, lack of training), take appropriate steps to address them and implement changes.
Rebuild trust by checking in with the employee and any other parties involved to support workplace relationships. And finally, review your policies. Use the experience as an opportunity to evaluate whether your grievance and disciplinary procedures are still fit for purpose.
Keep Comprehensive Records
Maintaining detailed, confidential records is not only best practice, but also vital in the event of any future claims. Include the original complaint, investigation notes, meeting minutes, decisions, actions taken, and appeal documents. It’s also important to ensure that records are stored securely and comply with GDPR.
Should a matter escalate to an employment tribunal, thorough documentation could make all the difference in demonstrating that your business acted reasonably and lawfully.
Seek Legal Advice Early
While many grievances can be resolved internally, certain issues such as allegations of discrimination, whistleblowing, or constructive dismissal carry serious legal implications. Getting advice early from specialist employment solicitors like RDC can help you avoid missteps that could lead to costly disputes. For further advice and support on handling workplace grievances, call us on Bingley 01274 723858, Ilkley 01943 601173 or Bradford 01274 735511.
