How to Raise a Formal Workplace Grievance Procedure

A workplace grievance is a formal complaint raised by an employee about a work-related issue that has not been resolved informally. Common examples include concerns about pay, bullying, discrimination, working conditions, unfair treatment, or breaches of contract.

In England and Wales, employers are required to have a written grievance procedure and to follow a fair process when handling complaints. This process is guided by the statutory framework and the Acas Code of Practice on disciplinary and grievance procedures ACAS, which tribunals consider when assessing whether an employer has acted reasonably.

Understanding how to raise a formal grievance correctly is important, as it can affect internal resolution, employment tribunal outcomes, and potential compensation adjustments.

What a Formal Grievance Is

A formal grievance is a written complaint submitted to an employer when informal attempts to resolve a workplace issue have not been successful.

It is part of a structured internal dispute resolution process. Employers are expected to deal with grievances consistently, investigate fairly, and provide a written outcome.

Most organisations set out their procedure in:

• Staff handbooks
• HR policies or intranet pages
• Employment contracts (less common, but binding if included)

If a procedure is included in a contract, failure to follow it properly may give rise to a breach of contract claim in some circumstances.

Legal Framework Governing Grievances

The main legal and procedural framework includes:

• Employment Rights Act 1996 (general employment protections)
• Acas Code of Practice on disciplinary and grievance procedures
• Common law principles of fairness and reasonableness

The Acas Code is not legally binding, but employment tribunals can adjust compensation by up to 25% if either party unreasonably fails to follow it.

Employers are also expected to provide a written grievance procedure that includes:

• How to raise a grievance
• Who to contact
• Timeframes for each stage
• The right to a hearing
• The right of appeal
• The right to be accompanied at meetings

Step-by-Step: How to Raise a Formal Grievance

1. Attempt Informal Resolution First

Before submitting a formal grievance, employees are generally expected to try resolving the issue informally.

This may involve:

• Speaking to a line manager
• Discussing concerns with HR
• Raising the issue with another appropriate manager

Informal resolution is not legally required, but tribunals often consider whether it was attempted when assessing reasonableness.

2. Check the Employer's Grievance Procedure

The organisation's written policy should explain:

• The correct person to contact
• How to submit the grievance
• Required format (usually written)
• Expected timescales

If no procedure is available, the Acas Code provides the default structure, typically starting with writing to a manager or HR representative.

3. Write a Formal Grievance Letter

A grievance is normally raised in writing. The letter should be clear, factual, and structured.

It should include:

• A description of the issue
• Dates, times, and relevant events
• Names of individuals involved
• Any supporting evidence (emails, documents, witnesses)
• The impact of the issue on work or wellbeing
• The outcome being sought (for example, apology, policy change, repayment of wages, or investigation)

The tone should remain factual and avoid speculation.

4. Submit the Grievance to the Correct Person

The grievance should be sent to the designated contact in the employer's policy. This is usually:

• Line manager
• HR manager
• A nominated senior manager

If the grievance concerns the direct manager, it should be escalated to an alternative contact specified in the policy.

5. Grievance Acknowledgement and Investigation

Once received, the employer should:

• Acknowledge the grievance
• Carry out a reasonable investigation
• Collect relevant evidence
• Interview witnesses where necessary

The depth of investigation depends on the seriousness and complexity of the complaint.

Employers are expected to maintain confidentiality and ensure impartiality.

6. Grievance Meeting (Hearing)

A formal meeting is usually arranged to discuss the complaint.

Key procedural expectations include:

• Advance notice of the meeting
• Right to be accompanied by a colleague or trade union representative
• Opportunity to explain the issue fully
• Employer may ask questions and clarify evidence

This meeting is central to ensuring fairness under the Acas Code.

7. Outcome Decision

After the meeting, the employer should:

• Review all evidence
• Make a reasoned decision
• Provide a written outcome

Possible outcomes include:

• Upheld grievance (fully or partially)
• Not upheld
• Recommendations for workplace changes
• Disciplinary action against another employee (where appropriate)

8. Right of Appeal

If the employee disagrees with the outcome, they can usually appeal.

The appeal should:

• Be submitted in writing
• State reasons for disagreement
• Be heard by someone not previously involved, where possible

The appeal stage completes the internal grievance process.

Time Limits and Employment Tribunal Relevance

There are no strict legal time limits for raising a grievance internally, but delay can affect credibility and evidence quality.

More importantly, grievance procedures do not extend employment tribunal time limits.

Most tribunal claims must be brought within:

• 3 months minus 1 day (standard rule for unfair dismissal, discrimination, and wages claims)

Tribunal proceedings also require notification to Acas and early conciliation before a claim is submitted.

This means employees should not rely on internal grievance procedures to pause or extend legal deadlines.

Risks and Strategic Considerations

1. Delay Risks

Long grievance processes can overlap with tribunal limitation periods.

2. Evidence Creation

A grievance can strengthen or weaken a later tribunal claim depending on:

• Clarity of allegations
• Consistency of facts
• Documentation provided

3. Employer Retaliation Risk

Any detrimental treatment following a grievance may give rise to separate claims, particularly in discrimination or whistleblowing contexts.

4. Settlement Opportunities

Grievances sometimes lead to internal settlement discussions before formal legal action is required.

Common Issues in Grievance Procedures

• Failure to investigate properly
• Lack of impartial decision-maker
• Excessive delays
• No right of appeal offered
• Poor record-keeping
• Failure to allow accompaniment

Tribunals often assess these factors when determining procedural fairness.

Practical Summary

To raise a formal workplace grievance effectively:

• Attempt informal resolution first where possible
• Follow the employer's written procedure
• Submit a clear written complaint with supporting evidence
• Engage with the grievance meeting process
• Use the appeal stage if needed
• Be aware that grievance processes do not pause tribunal time limits

A properly handled grievance is a key mechanism for resolving workplace disputes internally and can significantly influence the outcome of any later legal proceedings.