A written complaint from an employee usually arrives at an awkward moment. An email late on a Friday, or a letter handed over at the end of a shift, naming a problem you would rather have heard in a conversation.
What happens next is mostly procedural, and the procedure is written down. This guide sets out the steps the Acas Code of Practice expects, the record to keep at each one, and what to do when the person complained about is you.
Know which Code is in force and what a tribunal does with it
As checked on 25 September 2026, the Code in force is the Acas Code of Practice on disciplinary and grievance procedures, published on 11 March 2015 and issued under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992. Acas Code of Practice on disciplinary and grievance procedures.
Not following the Code is not itself a claim. It matters because of what a tribunal can do with an award. Under section 207A of that Act, where a tribunal finds the Code applied and the employer unreasonably failed to comply with it, it may increase the award to the employee by up to 25 per cent if it considers that just and equitable. That power applies to the claims listed in Schedule A2 to the Act, which include unfair dismissal and discrimination. The same section works the other way: an employee's own unreasonable failure can reduce the award by up to 25 per cent. Section 207A, Trade Union and Labour Relations (Consolidation) Act 1992.
The Code states its own limits at paragraph 3: "Employment tribunals will take the size and resources of an employer into account when deciding on relevant cases and it may sometimes not be practicable for all employers to take all of the steps set out in this Code." It is about which steps are practicable, not about whether the procedure happens.
Acas consulted on a revised Code between 30 July 2026 and 23 September 2026 and is reviewing the responses. No implementation date has been announced, and a revised Code would have to go to the Secretary of State and then be laid before Parliament. Acas consultation on the draft updated Code. The proposals include putting informal resolution into the Code itself, applying it to workers rather than only employees, allowing a companion at informal meetings as good practice, and adding guidance on reasonable adjustments and mediation. All of that is a proposal. Nothing in it is in force, and the 2015 Code is the one you follow today.
Put the procedure in writing before you need it
GOV.UK states that by law employers must set out a grievance procedure and share it in writing with all employees, for example in their statement of employment or staff handbook. It must say who the employee should contact about a grievance and how to contact that person. GOV.UK on grievance procedures.
GOV.UK then lists what the procedure should also do: say that if the problem cannot be resolved informally there will be a meeting called a grievance hearing, set time limits for each stage, identify who to contact if the normal contact person is involved in the grievance, explain how to appeal a grievance decision, state that employees can be accompanied in any meetings by a colleague or union representative, and outline what happens if a grievance is raised during disciplinary action. Those are the recommendations rather than the bare legal minimum. The third one matters most when the complaint is about the owner.
Separately, the written statement of employment particulars must specify a person the worker can apply to for redress of a grievance and the manner in which the application should be made, and must explain the steps that follow or refer to a document that explains them. Section 3, Employment Rights Act 1996. That information belongs to the wider statement, due within two months of the start date rather than on the first day. GOV.UK on the written statement of employment particulars. Our guide to onboarding without the paperwork chase sets out where that second document sits in the first two months.
A practical approach is to keep the procedure out of the contract, in a handbook or a standalone policy. If it is contractual and you depart from it, you have a contract problem on top of a procedural one.
Run the steps in order and keep the record at each one
Acas says it is usually a good idea for an employee to raise a problem informally first, and that mediation can be used at any stage where both people agree to it. Acas on the formal grievance procedure, step by step. When that has not worked, or the matter is too serious for it, the formal procedure runs in six steps.
Scroll across the table if needed.
| Step | What happens | The record |
|---|---|---|
| 1. Understanding the options | Consider whether the matter can be resolved informally, or through mediation if both agree | Dated note of what was tried and what was agreed |
| 2. Raising a grievance | The employee sets out in writing what the grievance is about, any evidence, and what they want you to do about it | The written grievance, dated on receipt |
| 3. Responding | Decide who will handle it, investigate fairly, gather evidence from all sides and keep the matter confidential | A dated acknowledgement, what you investigated, the evidence gathered |
| 4. The grievance meeting | Hold it without unreasonable delay, ideally within 5 working days; the employee may be accompanied | Notes of what was said, shared with the employee to confirm they are accurate |
| 5. Deciding the outcome | Tell the employee as soon as possible and in writing, and give the right to appeal | The outcome letter or email, and a note of how you carried out the procedure |
| 6. After the procedure | Confirm privately with those involved that it is finished and remind them about confidentiality | The written record of the case, kept confidentially |
The 5 working days at step 4 is Acas guidance on what a meeting held without unreasonable delay looks like, not a statutory deadline. Acas on the grievance meeting. The Code uses "without unreasonable delay" for the grievance stages rather than setting fixed periods for them. Your own procedure can set time limits for each stage, and if it does, those are the ones you will be measured against.
The right to be accompanied is statutory rather than a courtesy. Section 10 of the Employment Relations Act 1999 gives a worker the right to be accompanied at a grievance hearing that concerns a duty owed by the employer to them. The companion must be another of your workers, an official employed by a trade union, or a union official certified in writing by the union as having experience or training in acting as a companion. Section 10, Employment Relations Act 1999.
The companion may put and sum up the worker's case, respond to views expressed at the hearing, and confer with the worker during it. The companion may not answer questions for the worker, address the hearing if the worker objects, or behave in a way that stops you explaining your case.
If the companion cannot make the time you proposed, you must postpone to an alternative the worker offers that is reasonable and falls within five working days beginning with the first working day after the day you proposed. A first date with some slack in it avoids most of this.
Acas says that where possible the person who handles the grievance procedure should have had training for it. Acas on responding to a formal grievance. If the employee appeals, the Code says the appeal should be dealt with impartially and wherever possible by a manager who has not previously been involved in the case.
The third column of that table is the part that outlives the case. Acas says employers should keep a written record of all grievance cases, that records must be kept confidential, and that they should be kept only as long as necessary. Acas on what happens after the grievance procedure. At the meeting stage it goes further: give the employee copies of the meeting record and the notes taken, and ask them to confirm the notes are accurate. Acas on the grievance meeting. A note the employee has already agreed to is worth more later than an account written up from memory.
The ICO's guidance on keeping employment records covers the data-protection side. You must have appropriate security measures so that workers' personal information cannot be accidentally or deliberately compromised, and access should be limited to those who need it. On how long to keep records, the ICO says not to take a one-size-fits-all approach and to have a retention policy or schedule listing the types of record you hold, what you use them for and how long you intend to keep them. ICO on collecting and keeping employment records. The ICO notes that this guidance is under review following the Data (Use and Access) Act and may change. If you have no retention schedule, a grievance file is a good reason to write one.
The ICO also notes that workers are especially likely to exercise their right of access during grievance or disciplinary proceedings. Both the person who complained and the person complained about can ask for the personal data you hold about them, and you have one calendar month to respond. The ICO's advice for small organisations is to redact or remove any information which does not relate to the person making the request, and that most of the time you should avoid disclosing information about other people. ICO advice on subject access requests. Witness accounts and the other side's own information are where that bites. Write the file on the assumption that the people named in it will read it.
Decide who hears it when the complaint is about you
This is the question the Code does not answer directly for a business your size. "Wherever possible" is the whole of the concession it makes.
Where there is no grievance procedure, Acas tells an employee to approach their line manager first, and, if that is uncomfortable, someone else they feel comfortable talking to, for example another manager or someone in HR. That is the gap a written procedure is meant to close. Acas on raising a formal grievance. It also accepts that a manager of a small business with one or two employees might need to manage the grievance procedure on their own.
A business with 10 to 49 staff sits between those two positions, usually with more options than it thinks. Decide now, before anything happens, who the named alternative is:
- another director or manager with no involvement in the subject matter
- an external HR adviser engaged to hear the grievance or the appeal
- mediation, which Acas says can be used at any stage where both people agree
If you end up hearing a grievance about your own conduct because there is genuinely no one else, say so, explain why, and record the reasoning alongside the decision. The Code's sentence about size and resources is available to an employer who can show it considered the alternatives.
Where the grievance alleges sexual harassment, more than the grievance procedure is engaged. Since 6 April 2026 a report of sexual harassment is a qualifying disclosure under whistleblowing law, which protects the person who made it from detriment and unfair dismissal. Acas on the Employment Rights Act 2025. Our guide to harassment prevention beyond the policy covers the preventative duty, the changes scheduled for 30 October 2026 and how to handle that complaint. Seek appropriate advice early in those cases.
Give the next step an owner
Two things are worth doing whether or not a grievance has arrived. Check that your written procedure exists, that staff can find it, and that it names an alternative contact for a complaint about the usual one. Then decide who would hear a grievance about you, and who would hear the appeal, and write both names down.
If a grievance has already arrived, the order matters more than the speed: acknowledge it, decide who will hear it, arrange the meeting without unreasonable delay, and write down each step as you take it. Acas notes that an employee who remains unhappy with the outcome could in some cases make a claim to an employment tribunal. From 1 October 2026 the time limit for most claims is scheduled to rise from three months to six, with breach of contract claims in Scotland scheduled for 9 November 2026 under a Scottish order still in draft, so the file needs to outlast the argument. Government guidance on tribunal time limits. Our guide to how long to keep leaver records works through which records that applies to.
Use appropriate professional advice for an individual case, particularly where a grievance alleges discrimination or harassment, or where dismissal is one of the possible outcomes.
Common questions
What are the steps of the Acas grievance procedure?
Acas sets out six steps: understanding the options, raising the grievance in writing, responding to it, the grievance meeting, deciding the outcome, and what happens after the procedure. Acas on the formal grievance procedure, step by step. The Acas Code of Practice in force is the one published on 11 March 2015, which expects the employee to set out the grievance in writing, the employer to hold a meeting and give a decision in writing without unreasonable delay, and a right of appeal. Acas Code of Practice on disciplinary and grievance procedures.
How long does an employer have to respond to a grievance?
There is no statutory deadline. The Acas Code uses "without unreasonable delay" rather than fixed periods, and Acas guidance says the grievance meeting should ideally be held within 5 working days. Acas on the grievance meeting. If your own written procedure sets time limits for each stage, those are the ones you will be measured against. GOV.UK on grievance procedures.
Who hears a grievance about the business owner?
The Acas Code says a grievance appeal should be dealt with impartially and wherever possible by a manager who has not previously been involved in the case, and it accepts that tribunals will take the size and resources of an employer into account. Acas Code of Practice on disciplinary and grievance procedures. Acas tells an employee uncomfortable raising something with their usual manager to approach someone else, for example another manager or someone in HR. Acas on raising a formal grievance. A practical approach is to name an alternative contact in the written procedure, and to consider an external HR adviser or mediation, which Acas says can be used at any stage where both people agree.
Can an employee ask to see the grievance file about them?
Yes. Both the person who raised the grievance and the person complained about can make a subject access request for the personal data you hold about them, and you have one calendar month to respond. The ICO says to redact or remove any information which does not relate to the person making the request, and that most of the time you should avoid disclosing information about other people. ICO advice on subject access requests. The ICO also notes that workers are especially likely to use that right during grievance or disciplinary proceedings. ICO on collecting and keeping employment records.
This article provides general information for England, Scotland and Wales. It is not advice on an individual situation. Check current guidance and seek appropriate advice before making employment decisions.
Sources checked 25 September 2026.
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