Grievance hearings, advice & outcomes

Advising senior executives on using grievance procedures to resolve workplace disputes, with settlement agreements often providing a practical route to resolution. Raising a grievance can be sensitive, particularly where an employee does not feel comfortable seeking help from HR. This guide outlines the process and the strategic considerations for senior employees.

Uses of grievance hearings

A grievance can address a wide range of workplace concerns, including:

• Bonus disputes: Where an employee believes a bonus decision is unfair.
• Unfair dismissal: Where an employee challenges a dismissal.
• Constructive dismissal: Where an employee believes the employer’s conduct has seriously undermined the employment relationship.
• Unequal pay: Where an employee suspects discriminatory differences in pay or bonuses.
• Detriment or lack of career progression: Where an employee believes they have been treated unfairly or their career has been hindered.

The grievance process

The process typically involves five stages:

• The employee submits a grievance;
• The employer investigates the concerns;
• A grievance meeting takes place;
• The employer communicates its decision; and
• The employee may appeal the outcome.

Grievance submission stage

For senior employees, careful preparation is important. The grievance should set out the relevant events, individuals involved, supporting evidence and the outcome sought. Deciding which issues and individuals to identify requires judgement, particularly where senior management is involved.

The grievance should also propose practical steps to resolve the dispute. A clear, evidence-based submission can help the employer understand the concerns and assess the risks of allowing the dispute to continue.

Grievance investigation stage

The employer should investigate the allegations fairly and thoroughly. Employees should provide relevant information and evidence, while allowing the employer to conduct its own investigation. A failure to investigate properly may become relevant if the dispute later proceeds to an Employment Tribunal.

Grievance meeting stage

The meeting allows the employee to explain their concerns and proposed resolution. The employer should consider whether further investigation is needed before reaching a decision. Employees generally have the right to be accompanied at a formal grievance meeting where the statutory conditions apply.

Grievance outcome stage

The employer should communicate its decision in writing without unreasonable delay, explaining the findings and any action to be taken. Employees should review the outcome carefully and consider whether an appeal is appropriate.

Right of appeal a grievance decision

An appeal provides an opportunity to challenge the outcome or identify issues that have not been properly addressed. It should be handled impartially and, where possible, by someone not previously involved in the matter.

The employee should be informed of the arrangements for the appeal hearing and of their applicable right to be accompanied. The final decision should be communicated in writing.

Grievances during a disciplinary procedure

An employee may raise a grievance during disciplinary proceedings, including concerns about the procedure itself or the events leading to it. The employer may continue the disciplinary process or pause it while investigating the grievance, depending on the circumstances.

Grievance rejected - what next?

A grievance may be rejected or only partially upheld. Even where concerns are upheld, workplace relationships may remain damaged, and the employee may decide to leave.

In some cases, the parties may agree that an exit is the most practical solution, potentially through a settlement agreement. Alternatively, an employee who resigns because of an alleged fundamental breach of contract may consider a constructive dismissal claim. Such claims are fact-sensitive and carry risks.

We advise senior employees on their options, including appeals, negotiated exits and potential claims.

Grievance impact on potential Employment Tribunal claim

Employment Tribunal claims are subject to strict time limits, which are not automatically extended by an internal grievance or appeal. Early advice is important to ensure that the process does not jeopardise a potential claim.

Tribunals may consider the parties’ conduct and the handling of workplace procedures where relevant, but raising a grievance is not a general requirement for bringing an Employment Tribunal claim. The effect of an employee’s failure to raise a grievance on compensation depends on the circumstances and the applicable legal rules.

Get in contact

We provide strategic guidance to senior employees on preparing grievances, managing the process and negotiating a resolution. Our understanding of the employer’s perspective can help clients anticipate possible responses and make informed decisions.

To discuss your situation, please call 020 7438 1060.