Grievance Procedure (ACAS Code)

The ACAS Code requires employers to allow employees to raise grievances formally in writing, hold a grievance meeting without unreasonable delay, allow the employee to be accompanied, investigate the grievance, communicate the decision in writing, and provide a right of appeal.

Last updated: February 2025

Up to 25% either way

Compensation adjustment

Available before tribunal

ACAS conciliation

3 months less 1 day

Time limit for tribunal

What the Law Says

The ACAS Code of Practice on Disciplinary and Grievance Procedures covers both processes. Under s.207 TULRCA 1992, tribunals must consider whether the Code was followed. Unreasonable failure to follow the grievance procedure by the employee can reduce compensation by up to 25%. Failure by the employer can increase it by up to 25%.

Your Obligations as an Employer

  • Have a clear written grievance procedure
  • Hold a grievance meeting promptly after receiving a written grievance
  • Investigate the grievance thoroughly and impartially
  • Communicate the outcome in writing with reasons and right of appeal

What to Include in Contracts

Reference the company grievance procedure, specify how to raise a grievance (in writing to line manager or HR), confirm the right to be accompanied at grievance meetings, and include the appeal process.

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Common Mistakes

  • Treating a grievance as a disciplinary matter against the employee who raised it
  • Not investigating the grievance before reaching a conclusion
  • Having the same person investigate and decide the grievance and any appeal

FAQ

Can a grievance be raised after the employee has left?

The ACAS Code states that employers should allow former employees to raise grievances. While there is no statutory obligation, failing to address a post-employment grievance could be relevant in any subsequent tribunal proceedings and could affect the compensation adjustment under the ACAS Code.

What if a grievance and disciplinary overlap?

Where an employee raises a grievance during a disciplinary process, the employer should consider whether the grievance is related. If it is, it may be appropriate to deal with both together. If unrelated, the grievance should be dealt with separately. Suspending the disciplinary to resolve the grievance may sometimes be appropriate.

Related Topics

Disciplinary Procedure (ACAS Code)

Constructive Dismissal

Whistleblowing Protection

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This is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.

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