Grievance Hearing Guide for UK Employers

When an employee raises a grievance the grievance hearing provides the employee with a formal platform to voice concerns and allows you to demonstrate that your business takes fairness and legal compliance seriously. Mismanaging this process not only undermines trust, but can also lead to disputes, reputational harm and costly employment tribunal claims.

Why Grievance Hearings Matter

Employers are under a legal obligation to handle grievances in line with the ACAS Code of Practice on disciplinary and grievance procedures. While the Code itself is not legally binding employment tribunals take it into account when deciding cases. Failure to follow the Code can result in compensation awards being increased by up to 25% if an employee brings a successful claim.

Beyond legal compliance, grievance hearings are a chance to resolve issues quickly and internally. Employees who feel listened to are less likely to pursue claims or disengage from work. Handling grievances well protects morale and reduces turnover.

Preparing for a Grievance Hearing

Preparation is critical. Once an employee submits a formal grievance, you should acknowledge it promptly in writing and set out the next steps. It is best practice to appoint a manager who is impartial and has not been involved in the matter to chair the hearing. In smaller businesses this may not always be possible but impartiality should be maintained as far as reasonably practicable.

Before the hearing takes place:

Gather all relevant evidence including any documents, emails and witness accounts.
Provide the employee with copies of materials that will be referred to during the hearing.
Confirm the date, time and location of the hearing in writing ensuring sufficient notice is given.
Inform the employee of their right to be accompanied by a colleague or trade union representative.

Transparency at this stage builds confidence and ensures both parties are adequately prepared. Failing to provide information beforehand can undermine the fairness of the process.

Conducting the Grievance Hearing

A grievance hearing should be conducted in a structured and professional manner. The purpose is not to defend the business at all costs but to hear the employee’s concerns and explore possible solutions. During the meeting you should:

Introduce everyone present and outline the purpose of the hearing.
Allow the employee to explain their grievance in their own words without interruption.
Ask open questions to clarify points but avoid being confrontational.
Listen actively and take detailed notes of everything discussed.

It is also wise to consider how the tone of the hearing may affect future working relationships. Even where grievances are not upheld, employees are more likely to accept the outcome if they feel they were genuinely heard.

For Free Employment Law Advice for Employers Call John Bloor at EBS Law on 01625 87 4400

Decision Making and Communicating the Outcome

Following the grievance hearing, you must carefully consider all of the evidence before making a decision. Avoid rushing this stage and take time to review the evidence objectively. Once a decision has been reached confirm it in writing without unreasonable delay. Your written outcome should include:

A summary of the issues raised during the grievance hearing.
The findings and the rationale for your decision.
Details of any action the business will take to address the matter.
Confirmation of the employee’s right to appeal the decision.

If the grievance is upheld corrective action must be implemented swiftly. For example, if the complaint relates to bullying then a prompt investigation into the alleged conduct should follow. If the grievance is not upheld the reasons should be explained clearly and reassurance given that the concerns were taken seriously. This clarity reduces the likelihood of further escalation.

The Appeal Stage of a Grievance Hearing

Employees have the right to appeal a grievance outcome. This appeal should be heard by a manager not previously involved in the process to ensure impartiality. The appeal should be arranged promptly and conducted in the same structured manner as the original hearing.

At appeal the employee may submit new evidence or raise concerns about the way the initial grievance hearing was handled. Employers should carefully review these points and ensure that the appeal outcome is communicated in writing. Once the appeal has been concluded, the internal grievance process is generally considered exhausted.

Common Pitfalls at a Grievance Hearing

Many employers inadvertently make errors that weaken their position if a claim arises later. Common pitfalls include:

Failing to follow the company’s own grievance procedure consistently.
Not allowing the employee to be accompanied.
Reaching conclusions before the hearing has taken place.
Delaying the process unnecessarily which can be perceived as avoidance.
Failing to document proceedings and outcomes properly.

A grievance hearing that is poorly managed can do more harm than good. By contrast, a structured and transparent approach provides strong protection should the matter later be scrutinised by an employment tribunal.

Best Practice Tips for Employers

While the law provides a framework, best practice goes beyond simple compliance. Consider the following steps to strengthen your approach to grievance hearings:

Train managers in handling difficult conversations and recognising bias.
Keep a clear paper trail of all communications, meeting minutes and decisions.
Adopt a proactive approach by resolving minor issues informally before they escalate.
Review your grievance procedure annually to ensure it reflects current legislation.

Employers who invest in these practices not only reduce legal risk but also build a more positive working environment.

Real-World Examples

Consider these scenarios:

Example 1: An employee raises a grievance about excessive workload and stress. At the grievance hearing the manager listens carefully and agrees to conduct a workload review. By reallocating tasks and providing training support the issue is resolved internally and the employee feels valued.

Example 2: A grievance relates to alleged harassment. The grievance hearing uncovers evidence that supports the claim. The employer acts swiftly to investigate, uphold the grievance, and take disciplinary action against the perpetrator. This not only resolves the matter but also reassures staff that harassment will not be tolerated.

Example 3: An employee’s grievance is not upheld, but because the employer conducted a thorough and respectful grievance hearing the employee accepts the outcome and no further action is taken.

These examples highlight that a fair process can reduce conflict and protect business interests even when grievances are not upheld.

How EBS Law Can Support You

Managing a grievance hearing can feel daunting, particularly for small and medium-sized employers without in-house HR support. At EBS Law, we provide practical, hands-on advice to guide you through every stage of the process. From drafting grievance procedures, to advising on complex cases, to representing you at tribunal if necessary, we are here to protect your business and give you peace of mind.

For further reading, you may find these pages on our website helpful:

If you are unsure how to handle a grievance professionally or need broader employment law advice for employers, our team can guide you through every stage of the process. We help ensure compliance with the ACAS Code and reduce the risk of tribunal claims.

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.