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What is a Grievance Procedure?
This document is GDPR compliant.
When should I use a Grievance Procedure?
- to comply with the legal requirement to provide employees with information about how grievances will be dealt with
- to help managers understand how to deal with grievances correctly and lawfully
- only for employees based in England, Wales or Scotland
Sample Grievance Procedure
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GRIEVANCE PROCEDURE
Purpose and Scope
- ("the Employer") is committed to dealing with employee grievances fairly, consistently and without unreasonable delay. This policy sets out the way in which an employee should make any complaints they have about work related matters and the way in which the Employer will deal with these complaints. This is a non-contractual policy and procedure and can be changed by the Employer at any time. If an employee has any queries about this policy and procedure, they should contact .
Primary Principles
- Grievances will be dealt with confidentially so far as reasonably possible and employees must keep information learnt during this process confidential.
- The purpose of a grievance or appeal meeting is for the employee to explain their grievance and how they think that it should be resolved using evidence available to make representations, allowing the employer to come to a decision.
- Employees will not be subjected to a detriment for raising a grievance in good faith, even if the grievance is not upheld. However, the employee should not use this policy to dispute a disciplinary or dismissal decision. The correct policy for this can be obtained from . Also, if an employee deliberately gives false information, is dishonest or makes a false complaint during the grievance process, this may lead to disciplinary action by the Employer.
- Employees will not normally be suspended during the grievance process, but the Employer reserves the right to suspend if in the Employer's discretion, this is helpful and reasonable. Employees will continue to receive their normal pay and benefits.
- The employee has the right to appeal any decision made about a grievance as set out in the appeals section of this policy and procedure.
- The Employer processes personal data collected during informal discussions and the formal grievance procedure in accordance with its Data Protection Policy. In particular, data collected as part of informal discussions and the grievance procedure is held securely and accessed by, and disclosed to, individuals only for the purposes of responding to the grievance or conducting the grievance procedure. Inappropriate access or disclosure of Employee data constitutes a data breach and should be reported in accordance with the Employer's Data Protection Policy immediately. It may also constitute a disciplinary offence, which will be dealt with under the Employer's Disciplinary Procedure.
Informal Discussion
- The Employer promotes communication between employees and so wherever possible, the employee should try to resolve any grievance at work by firstly talking about it informally with their manager to try and agree a solution. If the grievance is too serious, if the employee or Employer think it is not appropriate in the circumstances to deal with the grievance informally, or if discussing the grievance informally does not work, the employee's grievance will be dealt with formally.
- If the Employer thinks that an investigatory interview would be helpful at any stage during the grievance process before a formal meeting is held or continued, the Employer may take statements from the employee or witnesses or review documents at the Employer's discretion. No decision will be taken until after a grievance hearing has been held. An employee does not normally have the right to bring a companion to an investigative interview. However, the Employer may allow the employee to bring a companion in its absolute discretion.
Formal Procedure
- Stage 1 - Statement of grievance
- To raise the matter formally the employee should write to their immediate supervisor setting out the facts of the grievance, avoiding insulting or abusive language and trying to give specific examples of the complaint, copies of documents, names of witnesses, and dates where possible.
- Where an employee's grievance is against their immediate supervisor, the employee should write to or a manager who is not the subject of the grievance.
- Stage 2 - Grievance meeting
- Within five (5) working days, the employee's manager will respond, in writing, to the employee's written grievance, inviting the employee to attend a meeting where the alleged grievance can be discussed.
- The employee's manager will usually hold the meeting (unless they are the subject of the grievance or it is not reasonably practicable for the employee's manager to hold the meeting).
- Five (5) working days' notice of the meeting will usually be provided to the employee and they will be informed of their right to be accompanied by a companion.
- The employee's choice of companion will be agreed to if the companion is either a colleague, a trade union official or a trade union representative (which if not an employed official, must be certified by their union as competent to accompany a worker) and under the circumstances, the employee has made a reasonable request to be accompanied. The employee should advise the employer of the identity of the companion (or any change in their choice of companion) and whether they will require any special adjustments to be made for their or their companion's attendance, at least 24 hours before the start of the meeting.
- The employer encourages employees to bring their choice of colleague, trade union representative or trade union official to formal meetings under this procedure, but the employee should bear in mind how practical it is for their choice of companion to attend and consider if there is a suitable and available individual who is geographically close to where the meeting is to be held, rather than first considering an individual geographically based further away.
- The role of the companion in a formal meeting is to make notes, confer with the employee and if the employee requests it, to address the hearing to state the employee's case and respond to any views expressed at the meeting. The companion does not have the right to answer questions or address the hearing if the employee does not request this and must not prevent the employer from explaining its case.
- If an employee or their companion is unable to attend the meeting at the time, date and place specified by the employer, they must notify the chair of the meeting as soon as possible in writing. Except in the case of an emergency, this should be at least 24 hours before the start of the meeting and the employee should advise of a time when they and their choice of companion will be available within five working days of the original proposed meeting and provided this is reasonable, the new meeting time will be agreed.
- Employees must make every effort to attend any scheduled meeting under this procedure. If you are unable to attend more than two scheduled meetings, the Employer reserves the right to make a decision about your grievance using available evidence but in your absence.
- If the Employer or employee will be referring to any documentation during the formal meeting, this should be sent to the other party at least 24 hours before the start of the meeting, so that they have a reasonable chance to prepare.
- The Employer may in its absolute discretion adjourn a meeting to carry out further investigations, after which the meeting will usually reconvene.
- After the meeting, the manager will give the employee a decision in writing, normally within 24 hours.
- Stage 3 - Appeal
- If the employee is unhappy with their employer's decision and they wish to appeal, they should write to a more senior manager than their immediate supervisor within five (5) working days of the date of the decision, saying that they disagree with the decision and giving their reason(s) why and providing any new evidence they seek to rely on.
- The employee will be invited to an appeal meeting, normally within ten (10) working days of the employer receiving the employee's letter of appeal. The employee's appeal will be heard by an impartial manager or if necessary an independent HR advisor who has not been part of the process up until the appeal stage. The employee's appeal will either be a review of the grievance decision made or a complete rehearing, at the Employer's discretion. The right to be accompanied to the appeal meeting is the same as set out in (e)-(g) in Stage 2 above.
- After the meeting, the employee will be given a decision, normally within 24 hours. The employer's decision is final and there is no further right to appeal.
Attribution
- This Grievance Procedure was created using a document from Rocket Lawyer (https://www.rocketlawyer.com/gb/en).
About Grievance Procedures
Learn more about making your Grievance Procedure
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How to make a Grievance Procedure
Making a Grievance Procedure online is simple. Just answer a few questions and Rocket Lawyer will build your document for you. When you have all of the details prepared in advance, making your document is a quick and easy process.
To make your Grievance Procedure you will need the following information:
Employer details
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What is the employer's name?
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What is the job title of the person whom employees should contact about grievance matters?
Suspension
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What benefits in kind will an employee be unable to access during a period of suspension?
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What aspects of pay may be directly or indirectly reduced by an employee's suspension?
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Common terms in a Grievance Procedure
Grievance Procedures outline the steps employers and employees must adhere to when addressing employee grievances. Typically, provisions of a Grievance Procedure include:
Purpose and scope
This section provides a brief overview of the Grievance Procedure and why it is being adopted. It also highlights the fact that the Grievance Procedure is a non-contractual policy which can be changed by the employer at their discretion.
Primary principles
This section outlines the main principles of the Grievance Procedure and how grievances are handled in the workplace, including the right to appeal. It also clarifies that employees will not be negatively affected for raising a grievance in good faith, even if the grievance is not upheld.
The section on primary principles also explains that employees will not typically be suspended during the grievance process. However, the employer may suspend employees where such a suspension is helpful and reasonable. This Grievance Procedure sets out which workplace benefits and performance-based payments will be available to employees during periods of suspension.
Informal discussion
This section sets out that the employer encourages open and honest communication between employees and that, as a first point of call, attempts should be made to resolve all matters informally.
Formal procedure
This section sets out the different stages involved in the formal grievance process. These include:
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stage 1 - statement of grievance - detailing how an employee should formally raise a grievance
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stage 2 - grievance meeting - detailing the steps involved in the formal grievance meeting (eg within how many days a meeting must be called and how a grievance meeting will be run)
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stage 3 - appeal - detailing how an employee can appeal a decision reached as part of the grievance process
If you want your Grievance Procedure to include further or more detailed provisions, you can edit your document. However, if you do this, you may want a lawyer to review or change the Grievance Procedure for you, to make sure it complies with all relevant laws and meets your specific needs. Ask a lawyer for assistance.
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Legal tips for making a Grievance Procedure
Make sure to act as soon as possible if you receive a grievance
It is always important to address all workplace issues as soon as possible as this can help you save time and money in the long run. If you receive a formal written grievance you should arrange a meeting as soon as possible and, in accordance with this Grievance Procedure, within 5 working days. Read Employee grievances and raising grievances for more information.
Be aware of your data protection obligations
Under the UK General Data Protection Regulation (GDPR) and Data Protection Act 2018, staff members have certain data protection rights. These include the right to make subject access requests to find out more about the personal data (eg their name or address) that their employer is processing (eg handling). This includes any data being processed in relation to grievances - especially if the grievance relates to discrimination or harassment.
For more information, read Data protection and employees.
Consider what other policies to adopt
Adopting and implementing a clear Grievance Procedure is important in building a good relationship with your workforce. Other policies you may consider adopting to foster a positive working environment include:
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an Anti-bullying and harassment policy setting out the business’ approach towards workplace bullying and harassment
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an Equal opportunities policy setting out how you comply with the rules on equal opportunities and prevent and eliminate workplace discrimination
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a Time off for dependents policy setting out employees’ legal right to take time off work to assist their dependants if they’re involved in sudden or unexpected emergency situations
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a Flexible working policy setting out the entitlement to request flexible working
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a Working from home policy outlining when employees can work from home
For more information on the different types of policies you may wish to adopt, read HR policies and procedures.
Understand when to seek advice from a lawyer
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if this document doesn’t meet your specific needs
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for advice on employees based outside England, Wales or Scotland
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Grievance Procedure FAQs
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What is included in a Grievance Procedure?
This Grievance Procedure template covers:
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the Procedure’s aims
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the stages of a grievance process
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procedural safeguards which will be applied to ensure all grievance processes are fair
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the role of the employee's companion at a grievance hearing
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the non-contractual status of the Procedure and the employer's right to vary it
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who the employee should contact in the first instance (eg their line manager) about a grievance and how they should be contacted
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who the employee should talk to if this first point of contact is the subject of their grievance (eg if their line manager is bullying them)
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what happens if the problem cannot be resolved informally
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how to appeal the decision of a Grievance Procedure
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what happens if the grievance is raised in the course of a disciplinary action
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Why do I need a Grievance Procedure?
All employers are legally obliged to provide at least a minimal Grievance Procedure to all employees. This should state who should be contacted about a grievance and how, even if this is just included as part of their written statement of employment.
A more comprehensive Grievance Procedure not only helps employees understand how and when to raise a grievance but also ensures that managers handle grievances properly and in line with the Acas Code of Practice on disciplinary and grievance procedures.
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What is the Acas Code of Practice on disciplinary and grievance procedures?
The Acas Code of Practice on disciplinary and grievance procedures outlines the minimum requirements an employer should comply with when handling disciplinary issues or grievances in the workplace. In other words, the Acas Code sets out minimum standards for handling grievances which should be reflected by the employer’s Grievance Procedure. Employers who fall foul of the Code can be subject to an increase of 25% in any award (ie compensation for an employee) imposed by an employment tribunal.
By implementing a clear Grievance Procedure, you show your staff that you are a responsible employer with a transparent and fair process for dealing with workplace grievances. Every good employer knows that trust and confidence are a two-way street and that this is helped by having a proper process in place for handling grievances.
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Who can accompany an employee at a grievance meeting?
Workers have a right to be accompanied at any grievance hearing by:
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one of the worker's colleagues
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a trade union official, or
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an experienced workplace trade union representative
Although the companion does not have the right to answer on the worker's behalf, they can address the meeting, confer with the worker and respond to views expressed at the hearing.
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Who should an employee contact about a grievance matter?
In the first instance, employees should normally talk to their line manager if they have any workplace concerns or complaints. However, sometimes it may be more appropriate to contact a more senior manager or the HR manager (eg if the line manager is the subject of the grievance). If an informal conversation fails to satisfactorily address the issue at hand, a formal grievance should be raised with the line manager, HR manager or someone more senior.
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Can you suspend an employee during a Grievance Procedure?
If an employee raises a serious grievance against a colleague, it may be necessary to bring disciplinary proceedings against the accused worker. In the case of gross misconduct (eg violence), the accused employee may be suspended while investigations take place. A Suspension letter should be used to do this.
For more information, read Suspension from work.
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Can employees appeal decisions under a Grievance Procedure?
Following a grievance meeting, an employer must write to the employee who raised the grievance, setting out their decision as well as the reasons behind it. They should also specify the appeals process and deadline. All employees are entitled to appeal the outcome of an initial grievance hearing.
Although the process of the appeal hearing is generally the same as the initial hearing, any new evidence should be considered, as well as the reasoning behind the appeal. If possible, an appeal hearing should not be heard by the same person who conducted the initial grievance hearing.
For more information, read Appealing decisions made by employers.
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