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Grievance procedure: what the law requires and how to run one

Grievance procedure: what the law requires and how to run one

A grievance procedure is the process an employer follows to hear and decide an employee's grievance, with a right of appeal. A grievance is a concern, problem or complaint that an employee raises with their employer. It can be about pay, a manager's decision, a colleague's behavior, discrimination or a breach of contract.

In Great Britain, no statute sets out the procedure. The Acas Code of Practice sets the minimum steps, and a tribunal can adjust an award when either side unreasonably fails to follow them. The guidance here applies in England, Wales and Scotland. Northern Ireland has its own code, issued by the Labour Relations Agency, and its own rules.

Here is an illustrative case. One morning an email with the subject line "Formal grievance" lands in a line manager's inbox. It is from someone on her team, and it is about her: overtime, a remark in a one-to-one, a promotion that went elsewhere.

She reads it twice, forwards it to HR with a note saying it is not accurate, and starts a reply. That is the first mistake, and it has already happened. The person the grievance is about is the first person to handle it.

What counts as a grievance and what does not

The Acas Code of Practice on disciplinary and grievance procedures has been in force since 11 March 2015. Its first paragraph defines grievances as "concerns, problems or complaints that employees raise with their employers". The complaint does not have to use the word or arrive on a form.

The same paragraph draws the line with discipline: "Disciplinary situations include misconduct and/or poor performance." A disciplinary is the employer's complaint about the employee. A grievance is the employee's complaint to the employer.

The two collide when an employee facing disciplinary action raises a grievance about the manager running it. Paragraph 46 of the Code lets the employer pause the disciplinary to deal with the grievance, or run both where they are related. It does not let the employer ignore the grievance.

The third category is whistleblowing. Under section 43B of the Employment Rights Act 1996, a grievance can become a protected disclosure when it discloses certain information. The worker must reasonably believe that the disclosure is in the public interest and that it tends to show a listed kind of wrongdoing.

The list covers a criminal offense, a breach of a legal obligation, a miscarriage of justice and a danger to health and safety. It also covers environmental damage, and concealment of any of these. Since 6 April 2026 the list includes sexual harassment, added by the Employment Rights Act 2025.

A complaint about the worker's own treatment can still qualify if the public-interest test is met (Chesterton Global v Nurmohamed, 2017).

So every grievance should get a second reading at intake. The protected disclosure guide covers what follows.

What the law requires

The law attaches consequences to the Acas Code rather than setting out a procedure of its own. Section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992 sets the consequence. A tribunal can increase an award by up to 25 percent where the employer unreasonably failed to follow the Code. It can reduce an award by up to 25 percent where the employee did.

Unreasonably skipping a step can add up to a quarter to an award in a later claim. The Code's grievance steps are short enough to list in full.

  1. The employee sets out the grievance in writing to a manager who is not the subject of it (paragraph 32).
  2. The employer arranges a meeting to discuss it without unreasonable delay (paragraph 33). Paragraph 4 applies the same test to every stage.
  3. The worker has the right to be accompanied (paragraphs 35 to 39, resting on section 10 of the Employment Relations Act 1999). The statutory right applies where the grievance concerns a duty the employer owes the worker. A worker who reasonably requests it may bring a trade union official or a colleague. The companion may put the case, sum up and confer with the worker, but need not answer questions for them. If the companion cannot attend, the employer must postpone to a reasonable time the worker proposes within five working days.
  4. The employer decides what action to take, if any, and confirms it in writing without unreasonable delay (paragraph 40). The letter tells the employee they can appeal.
  5. The appeal goes to someone not previously involved (paragraphs 42 to 45). It is raised in writing and heard without unreasonable delay and, where possible, by a manager not previously involved. The right to be accompanied applies again, and the outcome is confirmed in writing.

Behind those steps sits a duty to investigate. Acas updated its investigation guidance on 24 June 2026. It says that without a reasonable investigation, any decision in the grievance case is likely to be unfair. For grievances, it says it is usually best for the person hearing it to investigate it.

Acas consulted in 2026 on a revised Code, expected in 2027, and the workplace investigation guide sets out what the draft changes. Until then the 2015 Code applies, and the draft is a proposal, not law.

How to run a grievance procedure in seven steps

The Code says what must happen. These seven steps say how, starting with that email.

1. Receive and acknowledge

Treat the first written complaint as the grievance, whatever it is called and whoever it reached. Record the date. Acknowledge it in writing the same day or the next, naming who will hear it and when. If it landed with the manager it concerns, that manager's only job is to pass it on, unanswered.

2. Decide who hears it

The hearing manager should not be the subject of the grievance, should not report to the subject, and should not have made the decision complained about. Decide now who will hear any appeal, so that person stays clear of the first stage.

The hearing manager usually investigates as well. Where the facts are contested, a separate investigator with written terms of reference is safer.

3. Investigate what needs investigating

Not every grievance needs a full investigation. A complaint about a shift pattern needs the contract and the rota. A complaint of bullying needs witnesses, messages and earlier concerns.

Acas asks the investigator to set a timescale and tell the employee, and to explain and record any delay. The investigator should keep the matter confidential and get evidence from both sides rather than try to prove a case. Terms of reference should say what is being investigated, which witnesses and sources will be used, and by when. The workplace investigation guide covers the mechanics.

A tribunal looks for an even-handed investigation, not a perfect one. Johal v Northern Lincolnshire and Goole NHS Foundation Trust and Lamb v Teva (both 2026) show where that line falls, and the workplace investigation guide covers both.

4. The meeting

The meeting is the employee's chance to explain the grievance and say what outcome they want. Confirm the date in writing, repeat the right to be accompanied, and share any evidence in advance.

Let the employee speak first and in full. Have someone take notes and share them. Adjourn if new evidence or allegations come up, and do not decide in the room.

5. The decision letter

The written outcome does five things:

  • It restates the grievance in the employee's terms.
  • It sets out which facts were established and which were not.
  • It says whether the grievance is upheld, partly upheld or not upheld, and why.
  • It says what action follows (formal, informal or none), without discussing any sanction against a third party.
  • It tells the employee they can appeal, to whom, and by when.

6. The appeal

A manager not previously involved hears the appeal, without unreasonable delay and with the right to be accompanied. The appeal deals with the grounds raised, such as new evidence, a procedural failing, or a conclusion the evidence does not support. The outcome goes in writing and normally ends the internal process. If the first stage went wrong, say so.

7. Close and learn

Close the case in writing with the full record in one place. Article 5(1)(e) of the UK GDPR says to keep it no longer than necessary. Set a retention period and write it down, rather than keeping the file forever.

Then look for the pattern. Three grievances in a year about the same manager should be read together, as well as one by one.

Grievance procedure timeline

StageWhat the Code saysGood practiceWho
Grievance raisedIn writing, to a manager who is not the subject (paragraph 32)The first written complaint is the start dateEmployee
AcknowledgmentNot specifiedSame or next working day, naming the hearing managerHR or hearing manager
InvestigationReasonable, without unreasonable delay (paragraph 5)Terms of reference, a timescale told to the employeeHearing manager or investigator
MeetingWithout unreasonable delay, with the right to be accompanied (paragraphs 33 to 37)Postponed within five working days if the companion cannot attendHearing manager, employee, companion
DecisionIn writing, with the right to appeal (paragraph 40)Facts, action, appeal route and deadline. The Society for Human Resource Management (SHRM) suggests 30 daysHearing manager
AppealHeard by a manager not previously involved, outcome in writing (paragraphs 42 to 45)Appeal manager named at the start and kept clear of the first stageAppeal manager
CloseNot specifiedFull record in one place, retention decided, pattern reviewedHR

How to write a grievance letter

A grievance that is specific, dated and clear about the outcome wanted is easier to hear fairly and harder to mishandle. It does not need legal language.

Grievance letter template

A grievance letter needs these elements, in roughly this order.

  • A heading that says what it is, such as "Formal grievance" in the subject or first line, so nobody can later call it feedback.
  • The date, and the person it is addressed to. That is a manager who is not the subject of the complaint, or HR if the policy says so.
  • What happened, with each event's date, place and who was present. Put facts first and feelings second.
  • What has already been tried, such as an informal conversation, when it happened and what came of it.
  • Why it is a grievance: the policy, contract term or law the employee believes was breached, if known.
  • The evidence, such as emails, messages, rotas, payslips or the names of witnesses.
  • The outcome wanted, such as an apology, a reversed decision, a transfer or a repayment. The employer cannot deliver an outcome it has not been told about.
  • One sentence asking for the meeting and to be accompanied, naming the companion.
  • A signature, with a copy kept.

How to file a grievance

In Great Britain, the employee sends the letter, keeps a copy, and waits for the acknowledgment and the meeting. If the outcome is wrong, use the appeal. A tribunal can reduce an award by up to 25 percent where the employee unreasonably failed to follow the Code.

If the internal process fails, early conciliation through Acas comes before a claim. For acts on or after 1 October 2026, the time limit is six months.

In a unionized US workplace the word means something different. There a grievance is usually a claim that the employer has breached the collective bargaining agreement. The agreement sets out how to file one: through the union steward, within a deadline counted in days, up numbered steps that can end in arbitration.

In a non-union US workplace, a grievance is a complaint under the employer's own policy, and SHRM suggests resolving it within 30 days.

What grievances cost when mishandled

Acas estimated in 2021 that formal grievances cost employers about £356 million a year to run, and the workplace investigation guide breaks down the wider cost of workplace conflict.

Many claims follow a grievance. The Birketts Employment Tribunals Impact Report 2025 surveyed 500 HR professionals. It found that 56 percent of the tribunal claims they faced were preceded by a grievance.

The Chartered Institute of Personnel and Development (CIPD) reported in September 2024 on employees who had experienced conflict in the previous year. Only 36 percent said it was fully resolved, while 70 percent of HR professionals said their procedures were effective. Both figures can be accurate at once, because a procedure can be followed to the letter and still resolve nothing.

The Employment Rights Act 2025 raises the stakes. For acts on or after 1 October 2026, the time limit for a tribunal claim rises from three months to six. For dismissals taking effect on or after 1 January 2027, the qualifying period for unfair dismissal falls from two years to six months. The cap on the compensatory award goes from the same date.

From then on, an employee with six months' service who raises a grievance and is then managed out can bring an unfair dismissal claim with no cap on the compensatory award. The grievance file will be the first thing their representative asks for.

How Confide handles grievances

For HR, that email went wrong at the point of entry. Confide's Grievances module gives employees a branded form instead of a manager's inbox. Depending on how you configure the channel, they can raise a grievance in their own name or anonymously. If you switch on Echo, Confide's AI agent, it asks the employee about anything the grievance leaves out.

When the grievance is about the employee's own manager or HR, it can go down an alternative handling route with separate access. If a user is named in a report, Confide automatically revokes their access to that case. The case file keeps the review notes, documents and tasks together, with a log of who opened or changed what. Messages to the employee are kept apart from internal notes.

Compose drafts the outcome and appeal letters from the case record, and your team reviews, edits and approves each one. The hearing manager still makes the decision and answers for what the letters say.

Grievance procedure FAQ

What is a grievance procedure?

A grievance procedure is the process an employer follows when an employee raises a concern, problem or complaint. In Great Britain the Acas Code of Practice sets the minimum. It requires a written grievance, a meeting without unreasonable delay and the right to be accompanied. It also requires a written decision and an appeal heard by someone not previously involved.

How long does a grievance procedure take?

The Acas Code sets no fixed period. It requires each stage to happen without unreasonable delay. Acas's investigation guidance asks the employer to set a timescale, tell the employee, and explain any delay in writing. The Society for Human Resource Management's 30-day benchmark is a reasonable target for the first stage.

Can an employee bring someone to a grievance meeting?

Yes, if they reasonably request it and the grievance concerns a duty the employer owes them. Section 10 of the Employment Relations Act 1999 then gives the worker the right to be accompanied at the hearing by a trade union official or a colleague. The companion can put the case, sum up and confer with the worker, but need not answer questions for them. If the companion cannot attend, the employer must postpone to a reasonable time the worker proposes within five working days.

What happens if an employer ignores a grievance?

Ignoring a grievance can itself breach the employee's contract. Employment contracts carry an implied term that the employer will reasonably and promptly give employees a chance to have grievances dealt with (W A Goold (Pearmak) Ltd v McConnell, 1995). That breach may support a constructive dismissal claim.

In a later tribunal claim, the employer's unreasonable failure to follow the Acas Code can add up to 25 percent to the award. That uplift comes from section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992. If the grievance was a protected disclosure, any worse treatment afterwards can be an unlawful detriment.

Can a grievance be raised after leaving a job?

Yes, although the Acas Code does not say how it should be handled and employers' policies vary. The wise course is to hear it, using the same steps: meeting, written decision, appeal. A tribunal can still apply the uplift of up to 25 percent if an employer unreasonably ignores a former employee's grievance.

The time limit for a tribunal claim runs from the act complained of. For acts on or after 1 October 2026 the window is six months, so a former employee's grievance is often the last chance to settle before a claim.

Check where your grievances land first

The ways a grievance procedure fails are known. They are delay, lack of independence, no written outcome or appeal, a decision made before the evidence, and evidence gathered from one side only. Lack of independence can begin the moment a grievance reaches the person it is about.

Check where a grievance in your organization lands first, and who can read it. If the answer is a line manager's inbox, fix the routing before anything else. Confide's Grievances module routes a grievance away from the person it names and keeps the file the decision rests on.