Grievance procedures

Each company should have its own grievance procedure, setting out the internal process for employees to deal with problems about work, employment terms, working conditions or relationships with colleagues.

If an employer does not have a grievance procedure, Acas set out the minimum grievance procedures that an employer must provide.¹

It’s normally expected that employees will try to resolve problems through the grievance procedure before taking a case to a tribunal. In many cases, a solution can be found in this way, without the complex and potentially expensive process of a tribunal.

On the other hand, there are quite restrictive time limits on using the tribunal, which can sometimes mean that the tribunal process needs to be started before the grievance procedure has been followed through.

Therefore, if there is a possibility that the employee may want to take a case to a tribunal, it may be important to get specialist advice at an early stage. Moreover, the way in which a problem is described in a grievance statement will influence the way it is viewed at a tribunal. Missing out important information or focusing on the wrong elements at this stage can result in a case failing at a tribunal.

The employer should be able to provide a copy of their grievance procedure. This should explain how they will deal with a complaint, including who to send the written grievance to, who will investigate the complaint, how long this will take and when the employer will make a decision.

The Acas Code of Practice details a minimum standard of grievance procedure which should be available to all employees. In brief, the procedure in the Code for dealing with grievances is that:

• the employee should set out in writing the nature of the grievance

• the employer should hold a meeting with the employee to discuss the matter

• the employer should allow the employee to be accompanied at that meeting by a fellow employee or a trade-union representative

• the employer must decide on appropriate action

• the employer should allow the employee to take the grievance further if not resolved.

If the employer will not provide details of their grievance procedure, the employee should still put the complaint in writing to the employer.

In the formal grievance letter, the employee should:

• say that he or she is making a formal grievance

• say clearly that he or she thinks what has happened is disability discrimination (if appropriate)

• describe what has happened in date order, with the most recent event last

• include key dates

• include the names and job titles of the people involved

• describe steps taken to try to resolve matters before making a formal grievance.

The statement should be brief, unemotional and to the point. It’s important to keep a copy, and to get proof that the grievance letter has been received by asking for an acknowledgment.

Following this, the employer will usually arrange a meeting to examine the complaint. A colleague or trade-union representative can accompany the employee, but many employers do not allow a legal representative to attend. If the outcome is not satisfactory, an appeal can be made.

Moreover, going to Acas or another third party for conciliation or mediation may be considered as an alternative to going to a tribunal.