Updating your grievance policy and procedure

Mark Minns, 30 March 2009

The current regime on handling grievances in the workplace is to be repealed on 6 April 2009, and is to be replaced with a new regime that aims to reduce disputes and claims to the Employment Tribunal.

Although much of the prior best practice will remain the same, employers must ensure that they take account of the new grievance rules in order to avoid claims.

A key aspect of the new grievance process is the ACAS Code of Practice on disciplinary and grievance procedures ("the Code"). This document (and the associated guidance notes) sets out the way in which grievances should be handled in the future.

A failure to comply with the Code could lead to an Employment Tribunal increasing a compensation award by up to 25%. It is therefore essential reading for any employer involved in dealing with a grievance issue in the workplace.

One area of particular complexity is the transitional arrangements that deal with whether a grievance should be considered under the current regime, or the Code. Employers should take specialist advice on whether a particular grievance should be dealt with under the old, or the new regime.

For an up-to-date precedent compliant with the new regime, applicable after 6th April 2009, see: grievance procedure.