This guide is maintained as a current resource for September 2026 and covers only the laws of England and Wales. Information is for general guidance, not legal advice. Consult a qualified solicitor for advice specific to your situation.
A detailed guide to the relationship between employee grievances and unfair dismissal claims under UK law, explaining grievance procedures, tribunal links, time limits, impact on compensation, and practical steps for employees and employers in England and Wales.
Employee grievances and unfair dismissal claims are distinct but connected elements of UK employment law. A grievance is a formal complaint raised by an employee about their treatment at work. An unfair dismissal claim is a legal claim to an employment tribunal alleging that an employee was dismissed without a fair reason or without proper procedure. Understanding how grievances and unfair dismissal interact is essential for anyone involved in workplace disputes because grievance processes can influence the strength of a tribunal claim and affect compensation outcomes. This article explains the legal framework, procedural requirements, how grievances can impact tribunal claims, practical considerations, and common questions in clear, accessible language.
What Is a Grievance and What Is Unfair Dismissal?
An employee grievance is a formal expression of dissatisfaction about workplace issues such as discrimination, harassment, pay disputes, or the way disciplinary matters have been handled. Employers in England and Wales are required to have a written grievance procedure that explains how employees can raise grievances and how they will be resolved.
Unfair dismissal occurs when an employee's contract is terminated and the reason or process for dismissal is unfair, such as not following a fair procedure or dismissing without a fair reason. Employees with sufficient qualifying service can bring a claim to an employment tribunal alleging unfair dismissal.
Legal Framework: Grievance Procedures
Employer's Duty to Have a Grievance Procedure
By law, employers must set out in writing how employees can raise grievances and how the employer will deal with them. This includes who to contact, what steps the process involves (such as meetings and appeals), time limits, and the right to be accompanied in grievance meetings.
Acas Code of Practice
The Acas Code of Practice on Disciplinary and Grievance Procedures provides guidelines on how grievance and disciplinary issues should be handled fairly and consistently. Employment tribunals will take the Code into account when considering related claims and can increase or reduce an award by up to 25% if a party has unreasonably failed to comply with the Code.
Tribunals expect issues to be dealt with promptly, consistently and transparently. Employers should investigate grievances, inform the employee of the basis of any decision, and allow appeals.
Raising a Grievance: Step by Step
- Check the grievance procedure: Employees should refer to their employer's policy for how to raise a grievance, including the required format (often written) and who it should be sent to.
- Submit the grievance in writing: A grievance letter should clearly describe what the complaint is about, relevant facts, and what the employee wants the employer to do.
- Grievance meeting: The employer should arrange a meeting to discuss the grievance, allow the employee to present their case, and consider evidence and responses.
- Outcome and appeal: The employer should communicate the outcome in writing and explain how to appeal if the employee is not satisfied.
Failing to follow these steps, or unreasonable delays, can be taken into account by a tribunal when assessing fairness.
When Grievances Intersect With Unfair Dismissal Claims
Exhausting Internal Procedures
Tribunals often expect employees to have used an employer's internal grievance procedure before bringing an unfair dismissal claim. If an employee fails to raise a formal grievance where appropriate, a tribunal may consider that failure as part of whether the employee acted reasonably. This could lead to a reduction in compensation of up to 25% under the Acas Code.
However, employees do not need to wait indefinitely for a grievance to be resolved if doing so would cause them to miss the statutory time limit for bringing a tribunal claim. The usual time limit for an unfair dismissal claim is three months less one day from the effective date of termination.
Grievances as Part of Constructive Unfair Dismissal Claims
If an employer's handling of a grievance amounts to a fundamental breach of contract - for example, persistent failure to investigate serious complaints - an employee may feel forced to resign. Such resignation can form the basis of a constructive unfair dismissal claim if the conduct is serious enough.
Grievance Evidence in Tribunal Claims
Evidence gathered through grievance processes - including grievance letters, meeting notes and investigation outcomes - can be relevant in tribunals. It can help substantiate claims of unfair dismissal or discrimination by showing patterns of treatment or employer responses. A well-documented grievance process can strengthen an employee's case if it illustrates that the employer knew of issues and failed to address them effectively.
Impact of Not Raising a Grievance
Tribunals have discretion to adjust compensation where one or both parties unreasonably fail to follow grievance procedures. An employee's failure to raise a grievance, when it was reasonable to do so, could lead to a reduced award if their subsequent tribunal claim succeeds.
Nonetheless, omitting a grievance does not automatically bar a tribunal claim. Tribunals will consider the circumstances, including whether raising a grievance would have been impractical or unsafe, such as in harassment cases.
Practical Context and Examples
Example: Formal grievance before dismissal
An employee raises a formal grievance about perceived unfair disciplinary action and then is dismissed. The existence of the grievance record and the employer's handling of it can be central in an unfair dismissal claim because it shows the context and employer response.
Example: No grievance raised
An employee does not raise a grievance about serious concerns before closing their employment. If they bring an unfair dismissal claim and the tribunal finds they unreasonably failed to use the grievance procedure, compensation could be reduced by up to 25%.
Example: Grievance handling leads to constructive dismissal
Repeated employer failures to address a grievance about systemic discrimination could amount to a contract breach. The employee resigns and claims constructive dismissal, relying on the employer's failure to honour the grievance process.
Common Questions
Do I have to raise a grievance before claiming unfair dismissal?
Not necessarily. Tribunals consider whether it was reasonable to raise the grievance. Lack of a grievance does not automatically prevent a tribunal claim but may affect compensation.
What if my grievance relates to sensitive issues such as harassment?
An employee may have genuine reasons not to raise a grievance in a standard forum. Tribunals will consider whether there were valid reasons for not following the grievance process.
Can I raise a grievance after I've left employment?
There is no legal right to raise a grievance after employment ends, but employers may still choose to consider them. Documents and communications generated may still be relevant in tribunal proceedings.
Final Thoughts
Employee grievances and unfair dismissal claims are closely connected in UK employment law. A formal grievance provides a structured way for employees to raise concerns and for employers to address them. Following grievance procedures - and the Acas Code - can influence whether an unfair dismissal claim is successful, how a tribunal assesses fairness, and whether compensation is adjusted. Employees should understand their rights to raise grievances and seek to use grievance processes appropriately while observing tribunal time limits and procedural requirements.
