The legal framework

The importance of understanding the legal framework surrounding employee grievances cannot be stressed enough. Not only does it ensure that you comply with the law, but it also helps protect your business from potential claims and promotes a fair and supportive work environment.

Employment law and grievances

In the UK, the handling of employee grievances is largely governed by employment law, which sets out the obligations of employers in managing workplace disputes. The key piece of legislation to be aware of is the Employment Rights Act 1996. This Act outlines the rights of employees to raise grievances and the responsibilities of employers to address them.

Under this legislation, employees have the right to:

Raise concerns about their employment conditions, treatment, or any aspect of their work environment without fear of dismissal or detriment.
Expect a fair process, including the right to a hearing, an impartial investigation, and a reasoned outcome.

Employers, on the other hand, are legally obligated to:

Follow a fair procedure when handling grievances, ensuring that all steps are taken to investigate and resolve the issue.
Communicate the outcome of the grievance and provide a clear rationale for any decisions made.
Offer an appeal process if the employee is not satisfied with the initial outcome.

ACAS code of practice

One of the most important guidelines for employers is the ACAS Code of Practice on disciplinary and grievance procedures. While not legally binding, failing to follow the ACAS Code can be used against an employer in an employment tribunal.

The Code provides a framework for handling grievances, including:

Promptness: Grievances should be dealt with as soon as possible to prevent issues from escalating.
Fairness: A fair and impartial investigation should be conducted, with both sides given an opportunity to present their case.
Confidentiality: All grievance matters should be handled with discretion to protect the privacy of those involved.

Following the ACAS guidelines can help mitigate the risk of legal action and contribute to a more harmonious workplace.

Employers should also be aware that not adhering to the ACAS Code can result in an uplift of up to 25% on any tribunal awards made against them.

Right to be accompanied

Another crucial aspect of the legal framework is the employee's right to be accompanied.

According to the Employment Relations Act 1999, employees have the legal right to be accompanied by a colleague, trade union representative, or an official employed by a trade union during grievance hearings.

This right is fundamental in ensuring that the employee feels supported and that the process remains fair.

Employment tribunals

If an employee believes their grievance has not been handled fairly, they may take their case to an employment tribunal.

Employment tribunals can be costly and time-consuming, so it’s in the best interest of employers to resolve grievances internally and informally whenever possible.

By following legal guidelines and adhering to best practices, employers can reduce the likelihood of grievances escalating to this level.

Documenting and recording keeping

From a legal standpoint, meticulous documentation is vital. Every step of the grievance process should be recorded, including the initial complaint, the investigation, the hearing, and the final outcome.

This documentation can serve as evidence that the employer has acted fairly and in compliance with the law, should the grievance be taken further.

Anti-discrimination laws

It's also essential to ensure that the grievance process does not inadvertently discriminate against the employee.

The Equality Act 2010 protects employees from discrimination based on characteristics such as age, gender, race, disability, religion, or sexual orientation.

Employers must be mindful to avoid any bias or discriminatory practices during the grievance process.

Unsure on where you stand when it comes to legislation?

Not to worry, take a look at our free HR & Employment Law Guide, covering all the recent changes to legislation, as well as keeping you informed on the most up-to-date rates!

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