MagentaHR
CONSULTING

Grievances and formal complaints

An Employee Has Raised a Grievance

Someone has made a formal complaint. Whether it is directed at you, a manager, or another employee, this has moved into formal territory and needs to be handled properly from here.

What this usually feels like

You received a letter or email. Maybe it came out of nowhere. Maybe it followed a difficult conversation or a period of tension.

It might feel disproportionate, personal, or frustrating. It might also feel entirely serious and something you want to resolve properly.

Either way, the moment a formal grievance is raised, you have obligations. The way you respond now will significantly affect how this plays out.

The most common mistake is trying to resolve it informally or hoping it goes away. The second most common mistake is following a process, but doing it in a way that feels biased, rushed, or incomplete.

What usually happens if this is not handled correctly

  • The grievance escalates into a constructive dismissal claim
  • A flawed process becomes evidence of unfair treatment even if the original complaint had no merit
  • The employee raises a further grievance about how the first one was handled
  • A discrimination element is added to the complaint
  • The relationship breaks down completely and a settlement becomes unavoidable
  • Other employees lose confidence in how the business handles serious concerns

What to do right now

  1. 1

    Acknowledge it promptly in writing

    Do not ignore it or attempt to deal with it informally unless the employee agrees. Confirm in writing that you have received the grievance and that you will follow the formal procedure.

  2. 2

    Appoint the right person to investigate

    This should be someone who is not involved in the matters raised and who can be seen to be impartial. In small businesses this is not always easy, but it matters.

  3. 3

    Hold a formal grievance meeting

    The employee has the right to be accompanied by a colleague or trade union representative. Take notes. Allow the employee to set out their concerns fully before asking questions.

  4. 4

    Reach a reasoned outcome and communicate it clearly

    The outcome should be documented and communicated in writing. The employee has a right of appeal. Make sure this is offered and explain the process.

Common questions

Questions business owners ask about this

What should I do if an employee raises a grievance?+

Acknowledge it promptly in writing, follow your grievance procedure, appoint an appropriate person to investigate, and hold a formal grievance meeting. The employee has the right to be accompanied. Ignoring a grievance or handling it informally when a formal procedure is required creates significant legal risk.

Can an employee raise a grievance during a disciplinary process?+

Yes, and this is common. You will need to consider whether the grievance is related to the disciplinary matter. In some cases it makes sense to pause the disciplinary while the grievance is investigated. In others, the two can run in parallel. Getting this wrong can undermine both processes.

Does a grievance always have to be investigated formally?+

Not always, but where a formal grievance has been raised in writing, a formal process is usually expected. Informal resolution may be appropriate for minor concerns raised verbally, but attempting to resolve a formal grievance informally without the employee's agreement is risky.

What if the grievance is about me as the business owner?+

This is not unusual. In small businesses, it can be difficult to find a genuinely independent person to investigate. Options include using a trusted colleague, an external HR consultant, or a non-executive director. The key is demonstrating impartiality in how the process is conducted.

What is the risk of getting a grievance process wrong?+

A poorly handled grievance can escalate into a tribunal claim, often for constructive dismissal or discrimination. Even if the original complaint has no merit, a flawed process can undermine your position. Getting the process right matters regardless of whether you think the grievance is justified.

You might also be dealing with

These situations often come up alongside each other.

Ready when you are

Not sure what to do next?

If this sounds like what you're dealing with, the fastest way to get clarity is the Employee Situation Check.

You deal directly with Samantha. FCIPD Chartered Fellow. 25 years handling situations like this. Reply within one working day.