Conducting a grievance investigation and hearing

by Practical Law Employment

A Practice note that provides guidance on handling employee grievances in the workplace, outlining the legal principles established by the Acas Code of Practice on Disciplinary and Grievance Procedures (Acas Code) and relevant case law. This Practice note explains the standard of reasonable behaviour for employers and employees throughout the grievance process. It details the key stages, from informal resolution and raising a formal grievance to conducting a fair investigation, holding a hearing, and managing appeals. The note offers practical insights into appointing an investigator, gathering evidence, maintaining confidentiality, and the right to be accompanied. The guidance also incorporates key considerations from the Solicitors Regulation Authority (SRA) on conducting internal investigations and discusses the impact of legal professional privilege. Furthermore, the note examines how to navigate common challenges, such as grievances raised during disciplinary proceedings, allegations of discrimination, tactical or malicious complaints, and grievances received after employment has ended. It considers the potential legal claims arising from procedural failures, including constructive dismissal and victimisation, helping employers to mitigate risks and avoid employment tribunal claims.