Grievance Procedure

What is a grievance procedure?

A grievance procedure can be used by an employer to explain how staff members can raise a workplace complaint or a work-related issue. This grievance procedure can be used by an employer in Great Britain (England, Wales and Scotland).

What is the difference between a disciplinary procedure and a grievance procedure?

A disciplinary procedure will explain the process for bringing disciplinary action against staff members if they fail to follow workplace rules and requirements.

A grievance procedure will explain how staff members can raise a grievance (complaint) about a work situation.

What is the difference between a grievance procedure and a complaints policy?

A complaints policy will address the process for external consumer complaints against the business. A consumer is an individual who purchases goods and/or services from a business for personal use. Consumers have certain rights and protections.

A grievance procedure will be used internally by staff members, in the event that they wish to raise a workplace issue or complaint to their employer.

Is it mandatory to have a grievance procedure?

Yes, an employer should hold a grievance procedure. An employer needs to specify in writing any grievance procedures that apply to employees and workers. Where this information is not set out within a contract of employment or contract for work, the employer should refer the worker or employee to a separate document.

Formal rules and guidelines applicable to employers also say that employers should have a written grievance policy.

What is a grievance?

A grievance is a problem or complaint. In a workplace setting, this will be an issue or problem experienced by a staff member.

What are the prerequisites of a grievance procedure?

If an employer formally recognises a trade union or staff association, they may wish to consult and agree the terms of the procedure document with them. Where a collective agreement is in place between the employer and the relevant union or association this may be a legal requirement to consult with them about the procedure document.

The grievance procedure will apply to employees only and not any volunteers or other service providers connected to the employer.

What should be done once a grievance procedure is ready?

The grievance policy should be made easily available and communicated to all staff members. It is common to display workplace policies in an easily accessible public area, or within a staff handbook. The procedure will be provided to new staff members when they start work, usually with their contract for work or contract of employment.

What other documents should be held with a grievance procedure?

It is also useful for employers to hold other relevant policy documents which may be read in conjunction with and may refer to the grievance procedure. For example, this may include:

• a workplace code of conduct
• a disciplinary procedure
• an equal opportunities policy
• a redundancy policy
• a workplace domestic abuse policy
• a social media policy
• a privacy policy
• a sickness/absence policy
• a gift and hospitality policy
• a whistleblowing policy
• a substance abuse policy
• a working-from-home policy

How long should a grievance procedure last?

A grievance procedure can remain in place indefinitely. However, it is important to make sure that the policy is reviewed and updated, as appropriate. Should the policy be revised or altered, these revisions and alterations must be communicated to staff members at the earliest opportunity.

What should a grievance procedure contain?

A grievance procedure should:

• explain the purpose of the procedure
• explain how and when the procedure will be applied
• outline a step-by-step process to explain how grievances should be made
• outline the rights of staff members during the process

What laws apply to a grievance procedure?

The main legal provisions which are relevant to a grievance procedure are:

• The Employment Rights Act 1996 – section 1 and section 3 outline the requirements regarding grievance procedures
• The Acas Code of Practice – this code states that employers should have a written grievance procedure
• The Employment Act 2008 – section 3 in particular addresses non-compliance with the Acas Code of Practice

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