What to Do if an Employee Raises a Formal Grievance in Your Glasgow Business

Understanding Employee Grievances and the Legal Framework

A grievance is a formal complaint raised by an employee about their work, colleagues, or employer. Common examples include alleged bullying or harassment, unfair treatment, pay disputes, health and safety concerns, or breaches of contract.

UK employment law, which applies uniformly across Great Britain (including Scotland), requires employers to handle grievances fairly. Key references include:

• The Employment Rights Act 1996 and the Acas Code of Practice on Disciplinary and Grievance Procedures. Tribunals can increase awards by up to 25% where there has been an unreasonable failure to comply with the Acas Code in a relevant case.
• The Equality Act 2010: Grievances involving protected characteristics (age, disability, sex, race, religion or belief, sexual orientation, gender reassignment, marriage and civil partnership, and pregnancy and maternity) carry discrimination and victimisation risks.
• Recent developments under the Employment Rights Act 2025. Employers already have a duty to take reasonable steps to prevent sexual harassment. Further reforms due to take effect on 30 October 2026 will strengthen this to an “all reasonable steps” duty and introduce new third-party harassment provisions. Unfair dismissal protections are also changing: from 1 January 2027 the ordinary qualifying period will reduce from two years to six months and the statutory compensatory award cap will be removed.

Scottish Employment Tribunals apply the same core legal principles. Employers should provide a written grievance procedure (in contracts or handbooks) that is accessible and consistent with the Acas Code.

Pitfall to Avoid: Ignoring informal complaints or delaying formal ones. This can lead to constructive dismissal claims or escalation.

Step-by-Step Guide to Handling a Formal Grievance

Follow these steps, aligned with the Acas Code, for a fair process:

1. Acknowledge Promptly
   As a recommended internal standard (not a statutory or Acas requirement), aim to respond in writing within 2–5 working days. Confirm receipt, outline next steps, and reassure the employee that the matter will be taken seriously. Provide a copy of your grievance procedure. Delays can erode trust.
2. Initial Assessment
   Review the grievance for urgency (for example, safeguarding or harassment concerns) and any potential overlap with disciplinary issues. Appoint an impartial investigator — ideally someone not previously involved. For smaller teams this may mean using a senior manager or external support.
3. Thorough Investigation
   Gather evidence by interviewing the employee who raised the grievance, relevant witnesses and the subject(s) of the complaint. Review documents, emails, CCTV (where appropriate) and policies. Maintain confidentiality and keep detailed, dated records. Remain objective and avoid assumptions. In complex cases (for example, those involving discrimination), consider occupational health or other expert input.
4. Grievance Hearing/Meeting
   Invite the employee in writing with reasonable notice. Employees have a statutory right to be accompanied by a colleague or trade union representative at a formal grievance hearing. Allow them to present their case, respond to evidence and suggest possible resolutions. Conduct the meeting sensitively with a neutral chair who takes notes.
5. Decision and Outcome
   Consider all the evidence and decide whether the grievance is upheld, partially upheld or not upheld. Communicate the outcome in writing promptly, setting out the reasons, any actions to be taken (for example training, policy changes or mediation) and the right of appeal. Implement agreed outcomes without delay.
6. Appeal Process
   Offer an appeal to a different and, where possible, more senior person. Treat the appeal as a review of the process and any new evidence. Apply the same standards of fairness. This is an important safeguard.

Throughout the process, avoid unreasonable delay, give both sides a fair opportunity to be heard, and document everything. Where a grievance and a disciplinary matter overlap, they may be handled concurrently, or one process may be paused, depending on the circumstances. There is no fixed rule that they must always be kept entirely separate.

Key Legal Pitfalls and How to Avoid Them

• Failure to follow the Acas Code: This can lead to an uplift in awards where the failure is unreasonable. Investigate properly and respect the right to be accompanied at formal hearings.
• Bias or lack of impartiality: Use independent investigators where needed.
• Victimisation: Under the Equality Act, victimisation has a specific meaning — subjecting someone to a detriment because they have done (or may do) a protected act. Avoid treating an employee unfavourably because they have raised a grievance, particularly where the grievance relates to a protected characteristic or other protected act.
• Poor record-keeping: Tribunals scrutinise documentation — keep contemporaneous notes.
• Ignoring mental health: Consider reasonable adjustments and appropriate support (for example EAPs or counselling).
• Delays or incomplete investigations: These are common reasons for matters escalating.
• Inconsistent treatment: Apply policies fairly across the workforce.

From 1 January 2027 the ordinary qualifying period for unfair dismissal will be six months and the statutory compensatory award cap will be removed. Procedural fairness remains your strongest protection.

When to Seek Professional Support

Smaller Glasgow businesses without dedicated HR often benefit from external expertise. Complex cases involving discrimination, whistleblowing or potential tribunal exposure particularly warrant specialist input.

Employment Law Services (ELS) LTD, based in Hillington, Glasgow, offers fixed-fee ad-hoc advice, annual retainers for unlimited support, policy drafting, investigation assistance and hearing support. Our practical, clear advice helps employers resolve issues efficiently while staying compliant UK-wide.