ACAS Grievance Procedure

Understanding the ACAS grievance procedure is essential for every UK employer. I’m John Bloor from EBS Law, and in this article I explain what the ACAS procedure involves, why following it protects your business, and how you can apply it effectively to workplace disputes.

What is the ACAS grievance procedure?

The ACAS grievance procedure is the recommended process for handling employee complaints fairly. Although it is not legislation, employment tribunals take the ACAS Code of Practice into account. If you fail to follow the procedure, compensation awards against you can be increased by up to 25%. This makes compliance vital for employers who want to minimise legal risk.

Why it matters for employers

Having a proper grievance process in place reassures staff that their concerns will be heard and handled fairly. For employers, the ACAS grievance procedure provides a structured framework to investigate issues, reach decisions, and avoid escalation to tribunal. It also demonstrates that you are acting reasonably, which is critical in defending any future claims.

Key stages of the ACAS grievance procedure

The ACAS procedure involves several stages:

• Informal resolution: Employees are encouraged to raise concerns informally first, giving managers a chance to resolve issues quickly.
• Formal grievance: If unresolved, the employee should submit a written grievance explaining the problem.
• Investigation: The employer should investigate the complaint thoroughly, interviewing relevant witnesses and reviewing documents.
• Hearing: A grievance meeting must be arranged, giving the employee the opportunity to present their case. They have the right to be accompanied.
• Decision: After considering the evidence, the employer must communicate a clear decision and any action to be taken.
• Appeal: The employee should be allowed to appeal if they are dissatisfied with the outcome.

More detail can be found on the ACAS: discipline and grievances at work page.

Why following the ACAS grievance procedure protects employers

Employers who ignore the procedure risk costly tribunal awards. For example, if an employee claims constructive dismissal because grievances were not handled properly, failing to follow the ACAS Code can increase damages. By contrast, showing that you applied the procedure fairly helps reduce compensation and strengthens your defence.

If you would like free advice, John Bloor and the team are here to help. Call John today on 01625 874400 or email enquiries@ebslaw.co.uk for tailored support.

Common mistakes employers make

Even with the ACAS grievance procedure available, many employers make avoidable errors. Typical mistakes include:

• Failing to investigate complaints thoroughly
• Not keeping written records of meetings and evidence
• Allowing the grievance to be handled by someone biased
• Delaying responses, which undermines trust
• Refusing an appeal or treating it as a formality

Avoiding these mistakes is key to demonstrating fairness and reasonableness.

Using the procedure in practice

Employers should integrate the ACAS procedure into their internal grievance policy. This ensures staff know how to raise complaints and gives managers clear guidance. Employers should also provide training so managers understand how to investigate, chair hearings, and document outcomes properly. Following the procedure consistently across all cases reduces the risk of discrimination claims.

Grievances linked to discrimination or harassment

Grievances about discrimination, harassment, or bullying must be treated with particular care. Employers should investigate impartially and consider the wider implications for workplace culture. Failing to act on such grievances can result in Equality Act claims with unlimited compensation. Applying the ACAS grievance procedure ensures that even sensitive complaints are handled lawfully and fairly.

Checklist for employers:

• Do you have a written grievance policy aligned with the ACAS Code?
• Are managers trained to investigate and chair grievance meetings?
• Do you keep detailed records of all stages?
• Are employees offered the right to be accompanied?
• Is there a genuine and independent appeal process?

Tribunal risks of ignoring the ACAS grievance procedure

Employees who feel their grievance has been mishandled may resign and claim constructive dismissal. Tribunals will ask whether the employer followed the ACAS Code. If not, damages can be increased. Employers who ignore the ACAS grievance procedure therefore face not just reputational harm but also increased legal liability.

Contact John Bloor today for expert support at EBS Law. We’re here to ensure your business stays protected every step of the way. Call 01625 874400 or email enquiries@ebslaw.co.uk.

You may also find these EBS Law resources helpful:

• Handling Employee Grievances Legally: A Practical Guide for Employers
• How to Handle Employee Grievances UK: A Practical Guide for Employers
• Disciplinary Procedures for Employers UK (includes grievance vs disciplinary guidance)

Disclaimer: This article provides general guidance only and does not constitute legal advice. For tailored advice on your specific circumstances, please contact us directly.