Grievance procedures: the Acas Code, step by step.

The Acas Code of Practice on disciplinary and grievance procedures sets the minimum an employer should do to handle a grievance fairly. It mainly applies to employees, and employers can choose to use the same procedure for workers.

• Deal with it promptly. The Code expects employers and employees alike to raise and deal with issues promptly.
• A tribunal takes it into account. It can adjust an award by up to 25% where either side unreasonably failed to follow the Code.
• Collective grievances are separate. The Code doesn’t apply to a grievance raised for two or more employees by a recognised trade union or other workplace representative. Those follow your collective grievance arrangements.

The Code sets out what fair handling looks like, for a grievance as much as a disciplinary:

• Act consistently, so similar complaints are handled the same way.
• Investigate to establish the facts before deciding.
• Hear the person out, and let them be accompanied at formal meetings.
• Allow an appeal against the decision.

The 25% adjustment cuts both ways: a tribunal can increase an award where an employer unreasonably failed to follow the Code, and reduce it where the employee did. Rules and procedures work best written down and clear, and the Code says employees should be involved in developing them.

Where a problem can’t be resolved informally, the person should raise it as a formal grievance:

• In writing, setting out what the grievance is about.
• Without unreasonable delay.
• With a manager who isn’t the subject of it.

• Hold a formal meeting without unreasonable delay after the grievance is received.
• Let them explain it, and how they think it should be resolved.
• Investigate if you need to. You can adjourn the meeting to look into anything raised, and reconvene once you have.
• A companion. Where the grievance is about a duty the employer owes them, such as under their contract or the law, they have a legal right to bring a fellow worker or a trade union representative. If that person can’t come, they can propose another time within five working days. Their request doesn’t have to be in writing, though they should give you enough time to arrange it and, where possible, say who the companion is.

Decide what action, if any, to take, and tell the person in writing without unreasonable delay. Explain how you intend to resolve it. Tell them they can appeal if they aren’t happy with the outcome.

• They appeal in writing, without unreasonable delay, giving their grounds.
• Hear it without unreasonable delay, at a time and place you tell them in advance.
• Impartially, and wherever possible by a manager who wasn’t involved before.
• They can be accompanied at the appeal meeting.
• Confirm the outcome in writing without unreasonable delay.

Sometimes a person raises a grievance while they’re going through a disciplinary process. The Code says the disciplinary may be paused for a while to deal with the grievance. Where the two are related, it may be right to deal with both at the same time.