What is a Complex Grievance?

As an HR professional, having to ensure that complex grievances are fair, transparent and legally compliant can be a challenge.

In his latest article, Head of HR Services Nathan Andrews outlines the best practices for handling complex grievances in your organisation.

What is a Complex Grievance?

A grievance is a workplace complaint or dispute and it can become complex when it involves:

• Serious allegations such as bullying, harassment, or discrimination.
• Multiple employees or a breakdown in team dynamics.
• Senior leadership or conflicts between high-level employees.
• Legal risks, including potential breaches of employment law.
• External factors, such as regulatory requirements or union involvement.

Complex grievances often require thorough investigations, external support, and careful risk management.

How do I Manage Complex Grievances?

1.Acknowledge the Grievance Promptly

As an HR Professional, you want employees to feel their concerns are taken seriously.  To help achieve this you should:

• Provide written acknowledgment of an employee’s grievance within a reasonable timeframe.
• Outline the next steps you plan on taking, including timelines for resolution.

Under the ACAS Code of Practice, you are expected to handle grievances without unreasonable delay.

2. Assess the Severity and Scope

Before launching an investigation, it is important for you to assess:

• The nature of the grievance (e.g., bullying vs. contractual dispute).
• The number of individuals involved.
• Whether there are legal or reputational risks.
• If external investigators or mediators are needed.

For high-risk grievances, such as those involving discrimination or whistleblowing, you may require legal advice.

If you have a high-risk grievance and need some legal advice you can get in touch with the team on 01202 499255.

3. Assign an Impartial Investigator

It is crucial that you assign an independent investigator who has had no prior involvement in the matter. They must also have the right skills to handle the sensitivity of the matter.

You may also consider using external HR consultants or legal professionals for impartiality.

At Frettens Solicitors, we provide specialist workplace investigations to ensure grievances are handled professionally and fairly.

You can read my article on third-party workplace investigators here.

4. Gather and Analyse Evidence Thoroughly

It is important that the investigator gathers and analyses all evidence thoroughly. Evidence collected can include, conducting confidential investigation meetings including taking notes, reviewing of emails, messages, CCTV footage and other relevant documents.

You should also keep a detailed record of all findings and ensure witness statements are made anonymous where appropriate.

All evidence must be handled ethically and lawfully, ensuring compliance with GDPR and employee privacy rights.

5. Hold a Formal Grievance Hearing

Before a formal grievance hearing you must:

• Invite the employee to attend a formal grievance hearing.
• Present the findings from the investigation and ask he employee to comment on them
• Allow them to be accompanied by a trade union representative or colleague.
• Ensure that a neutral person is appointed to review the case and chair the grievance procedure.

The hearing should focus on fact-finding, and not be confrontational, allowing all parties to present their perspectives.

6. Make a Fair and Reasoned Decision

Decisions should be consistent with company policies and legally sound to minimise the risk

of escalation. Therefore, you should:

• Assess whether the grievance is upheld, partially upheld, or rejected.
• Provide a written explanation of the decisions taken, linking these to the evidence gathered.
• If the grievance is upheld, outline remedial actions, such as training, policy updates, or disciplinary measures.

7. Offer the Right to Appeal

All employees must be given the right to challenge the outcome of the grievance procedure, through an appeals process. It is important the appeal process is fair therefore it should be handled by a different decision maker. Who should carefully consider all new evidence and procedural errors.

A well-managed appeal process ensures transparency and trust in HR procedures.

You can read my full article on ensuring a fair appeal process here.

What is the Role of Mediation in Resolving Complex Grievances

The role of mediation in resolving complex grievances is to help prevent formal disputes from escalating.

The mediator will facilitate open communication between the two disputing parties to try find a solutions. This can be particularly effective in relationship breakdowns or interpersonal conflicts.

We offer professional mediation services to support organisations in resolving grievances amicably and efficiently. You can find out more here.

What are some common mistakes made when handling grievances?

Common mistakes to avoid as an HR professional when handling complex grievances are:

• Delaying the process – If grievances are left unresolved they can damage morale and lead to legal claims, against your organisation.
• Failing to investigate properly – If the investigation is rushed or biased it can undermine the credibility of the outcome.
• Not following company policies – If throughout the process you are not consistent with the companies’ policies it can lead to challenge in the tribunal
• Ignoring employee wellbeing – If grievances are handled poorly, it can increase stress and likelihood of an employee having periods of time off.

Mishandling a complex grievance can lead to low employee morale, reputational damage, and legal claims. Therefore, we always suggest getting professional advice.

Specialist HR Advisers

Complex grievances require a structured, fair, and impartial approach. Which must prioritise early intervention, thorough investigations, and transparent decision-making to maintain a positive workplace culture.

We specialise in Independent workplace investigations, mediation and conflict resolution and HR case management for complex grievances.

Have some questions after reading this, or need expert guidance? Contact our team, on 01202 499255, to ensure your grievance process is legally compliant and effectively managed.

We offer all new clients a free initial chat, fill out the form on this page to get in touch and book yours.