Legal Lens with HY Solicitors: What should I do if an employee raises a grievance?

Posted by on 13 Mar 2025

HY Solicitors is a trusted legal partner for businesses, offering expert B2B legal services across a wide range of sectors. With a strong track record of supporting clients in complex legal matters, they provide clear, reliable advice tailored to your business needs.

David Yazdi of HY Solicitors shares his expert advice on a crucial topic for business owners, letting you know what steps to take if one of your employees raises a grievance and ensuring you handle the situation with care and compliance.

What should I do if an employee raises a grievance?

1. Follow your policy and procedure: Legally, reference to a process for dealing with grievances should be within any employee’s employment contract. However, rather than setting out a full process within the contract itself, most employers have a separate written procedure for handling grievances that is accessible by employees. A good procedure will set out the steps to be taken and the stages for escalation e.g. informal stage> formal stage> appeal.

2. Consider other resolution options: Depending on the nature of the grievance, and ensuring you have the employee’s consent, explore options for resolving the issue without resorting to a formal process. This could involve mediation or other forms of alternative dispute resolution. Good communication and early intervention is key in order to prevent an escalation of the situation.

3. Investigate Fairly: Conduct a thorough investigation into the grievance to gather all relevant facts and evidence. Ensure that the investigation is impartial and conducted by someone not directly involved in the complaint. Keeping detailed records of all information gathered, communication with witnesses, decisions made, and actions taken will assist you in demonstrating that a fair process has been followed.

4. Maintain Confidentiality: Throughout the process, keep confidential the details of the grievance to protect the rights and privacy of all parties involved. Handling sensitive information carefully and disclosing it where necessary and appropriate is crucial. There can sometimes be a tricky balance between ensuring a fair process and data protection obligations – advice is likely to be required to navigate these aspects.

5. Keep the ACAS Code of Practice in mind: Remember that the ACAS Code of Practice on Discipline and Grievance must be adhered to. While your internal procedure is likely to cover the requirements of the Code, it is important to ensure that for a formal grievance, this includes arranging meetings with the employee to discuss their grievance, allowing them the right to bring a colleague or representative, providing opportunities for appeal, and ensuring that decisions are communicated clearly and promptly. It should be noted that an employment tribunal has the discretion to apply a 25% uplift to any award of compensation in a claim where the ACAS Code has not been adequately followed.