Grievance Procedure

What is a grievance procedure?

A grievance procedure can be used by an employer to explain how employees 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 employees if they fail to follow workplace rules and requirements.

A grievance procedure will explain how employees 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.

A grievance procedure will be used internally by employees if 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. Where this information is not set out within a contract of employment, the employer should refer the worker or employee to a separate document.

What is a grievance?

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

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 on 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.

A collective agreement is a written contract that is negotiated between a union and an employer on behalf of its union members.

What should be done once a grievance procedure is ready?

The grievance policy should be made easily available and communicated to all employees. 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 employees when they start work, usually with their 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 employees 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 employees 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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