Grievance Procedure

All employers and employees are required, in the event of a workplace dispute, to follow a statutory grievance procedure.
The Employment Act 2002 sets out minimum disciplinary and grievance procedures that must be followed by employers and employees, and the consequences of failing to deal with them.
The Employment Act 2002 (Dispute Resolution) Regulations 2004, make provisions for the applications of these procedures and came into force on October 1 2004.
The procedures are augmented by a new ACAS Code of Practice on Disciplinary and Grievance Procedures, which also came into force on 1 October 2004.

The ACAS Code of Practice on Disciplinary and Grievance Procedures recommends that employees should aim to settle most grievances informally. Only if the matter cannot be settled informally should the employee resort to a statutory grievance procedure.

A failure by the employer to provide a procedure for dealing promptly with a grievance will also be a breach of contract under common law.

The standard three-step grievance procedure: -

Step 1: Statement of grievance
Step 2: Meeting
Step 3: Appeal

Employers should ensure that their company handbooks contain a grievance procedure that complies with statute.

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