Managing Grievances in the Workplace: A Practical Guide for Employers

With recent changes in legislation and growing awareness around sexual harassment in the workplace, many employers are seeing a sharp rise in the number of grievances being raised. Unfortunately, we’re also seeing an increase in these issues being mishandled, leading to conflict, risk, and reputational damage for organisations.

In this article, I’ll break down exactly what a grievance is, how to handle one effectively, and the common mistakes employers must avoid.

What is a Grievance?

A grievance is a concern or complaint raised by an employee. Every employer is legally required to have a grievance procedure and to make this available to employees. This procedure should outline how grievances will be managed, including steps for both informal and formal resolution.

However, a written policy is only the beginning. Knowing when and how to apply it, and recognising when to escalate an issue formally, is key to managing grievances successfully.

When Should You Deal with a Grievance Informally?

Not all complaints need to be addressed through a formal process. Everyday workplace niggles like “the milk’s run out” or “my laptop isn’t working” typically don’t constitute formal grievances, whilst these examples may appear obvious the line does get blurred as complaints get more serious.

If the individual is raising it as a formal grievance we should treat is as a formal grievance. However, there are many occasions when individuals raise issues and ask for them not to be dealt with. In which case we may need to make a decision as to whether to handle a grievance formally or informally. Decisions should take into account:

• Severity: How serious is the issue?
• Risk: Could this lead to an employment tribunal or constructive dismissal claim?
• Impact: Is it significantly affecting productivity or morale?

If the issue poses a risk to the business, a formal grievance procedure is recommended. In contrast, if the concern can be resolved quickly and effectively through conversation or minor adjustments, an informal approach may suffice.

The Common Pitfall: Bullying vs Performance Management

One of the most common grievances we see is the allegation of bullying when a manager is simply conducting normal performance management. In these cases, we advise following the formal process. This allows the organisation to demonstrate that it has investigated the concern properly and provides a clear record of events.

That said, it’s essential to ensure that performance management is being carried out appropriately. Managers must be trained to handle performance concerns professionally and respectfully to avoid genuine issues being misinterpreted as bullying.

High-Risk Grievances: Harassment and Discrimination

Grievances involving sexual harassment or discrimination are considered high-risk because they could lead to costly and complex tribunal claims. Even if the employee initially suggests the matter be dealt with informally, employers may still need to take formal action due to the seriousness of the issue.

The key is not to brush it under the carpet. Whether the issue is handled formally or informally, there must be a clear resolution. If a concern is repeatedly raised without resolution, it drains resources and can severely damage workplace culture.

The Formal Grievance Process

If the decision is made to go down the formal route, here’s what the process should look like when you’re following the ACAS Code of Practice:

• Acknowledge the Grievance: Always acknowledge the concern and confirm it is being taken seriously.
• Grievance Hearing: Formally invite the employee to a grievance hearing where they can outline their concerns in full detail.
• Investigate Thoroughly: This includes gathering evidence, speaking to witnesses, and understanding the context.
• Make a Decision: Decide whether the grievance is upheld, not upheld, or partially upheld.
• Take Action: This could include disciplinary action, training, policy reviews, or broader cultural change.
• Communicate the Outcome: Inform the employee verbally and follow up in writing.
• Offer the Right of Appeal: This is a requirement under the ACAS Code of Practice.

Keep Records

Whether dealt with formally or informally, it’s crucial to keep accurate records:

• What was raised
• How it was dealt with
• The outcome

This log helps identify patterns, supports future decision-making, and provides evidence if issues escalate or recur.

Common Mistakes to Avoid

• Ignoring the Grievance - Hoping it’ll go away will only allow problems to fester, leading to more serious consequences later on.
• Delaying the Process - Delays can allow issues to escalate. The ACAS Code recommends dealing with grievances promptly, and your own policy should set clear timelines.
• Not Following Your Own Policy - If you’ve stated a process, stick to it. Inconsistencies can weaken your legal position.
• Omitting the Right of Appeal - Failing to offer an appeal can be costly. There are tribunal cases where this simple omission has resulted in financial penalties.
• Letting Emotions or Bias Cloud Judgment - Whether the grievance involves your own business or a colleague, it’s important to remain objective. Taking external HR advice can help remove the emotion and ensure a fair process.

Final Thoughts

Grievances are not just a tick-box exercise, they’re an opportunity to resolve conflict, protect your business, and improve your workplace culture. Handling them well not only mitigates risk but builds trust within your team.

At Silk Helix, we support employers through grievance processes, including providing independent investigations and advice to navigate complex issues. If you’re facing an increase in grievances or are unsure how to respond to a particular complaint, get in touch for support.

Article last updated: 23 April 2025