New Acas Grievance Procedure
A new Acas Code of Practice for managing grievances came into force on April 6, 2009 (The Acas Code of Practice on Disciplinary and Grievance Procedures). The Acas grievance procedures replace the old statutory dispute procedures.
Grievance procedures under the Acas Code
The old statutory dispute procedures were much criticised and are simplified by the Acas Code of Practice. Grievance procedures under the Acas code now suggest parties ‘should’, rather than ‘must’ act in a certain way. However, Employment Tribunals ruling on individual cases can:
- Increase compensation by up to 25 per cent where the employer has ‘unreasonably’ failed to follow the Acas grievance procedures (Acas Code).
- Reduce compensation by up to 25 per cent where the employee has ‘unreasonably’ failed to follow the Acas grievance procedures (Acas Code).
Handling grievances under the Acas Code of Practice
The Acas Code sets out steps employers and employees ‘should’ take when dealing with grievances.
- Employee raises grievance in writing.
- Employer calls a meeting to investigate complaint - employee can be accompanied.
- Employer gives the employee their decision, intended actions and notifies them of their right to appeal.
- Employee appeals in writing (where appropriate).
- Employer calls appeal meeting, preferably held by an impartial manager - employee can be accompanied.
- Employer gives final decision in writing.
For more details of what is required when raising or handling a grievance under the Acas Code see our factsheet Grievance Procedures under the Acas Code.
Want to talk to us?
If you would like to discuss the law in relation to the Acas Code, grievance issues or another employment law problem email Fiona Martin or call your local martin searle solicitors’ office on 01273 609911 (Brighton) or 0208 256 4490 (Croydon).
