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Grievances and disciplinaries, explained

The short answer

A grievance is a formal complaint you raise with your employer; a disciplinary is your employer taking formal action over your conduct or performance. Both should follow the Acas Code of Practice: put it in writing, investigate, hold a meeting where you can bring a colleague or union rep, decide in writing, and allow an appeal.

A grievance is a formal complaint you raise with your employer, about anything from unpaid wages to bullying. A disciplinary is the reverse: your employer taking formal action because it thinks there is a problem with your conduct or performance. Both are meant to follow the same basic standard of fairness, set out in the Acas Code of Practice on disciplinary and grievance procedures: deal with things promptly and consistently, investigate, tell the person what the issue is, hold a meeting where they can be accompanied, decide in writing, and allow an appeal.

The Code is not a law you can sue under by itself, but employment tribunals must take it into account, and in many claims they can raise or cut compensation by up to 25% depending on who unreasonably failed to follow it. Your contract or handbook may give you more than the Code. This page covers Great Britain; Northern Ireland has its own employment law.

The Acas Code in one table

Stage Grievance (you complain) Disciplinary (employer acts)
Start Try informally; if not resolved, raise it in writing with a manager who is not the subject of it Employer investigates; an investigation meeting should not by itself lead to action
Notice Your letter sets out the complaint and what you want Written notice of the allegations and possible consequences, normally with copies of the evidence
Meeting Held without unreasonable delay; you explain the grievance and how you want it resolved You can put your case, ask questions, present evidence and call witnesses
Companion Statutory right where the complaint concerns a duty your employer owes you Statutory right where the hearing could lead to a formal warning or other action
Decision In writing, with any action and your right of appeal In writing; warnings set out what must change, by when, and for how long
Appeal In writing, without unreasonable delay; heard impartially, ideally by a manager not involved before Same

The Code does not apply to redundancy dismissals or to fixed-term contracts simply ending, and it does not apply to collective grievances raised by a union or workplace representative for two or more employees.

Your written statement of employment particulars should include a note of the disciplinary rules and procedures that apply to you, and who to go to with a grievance or to appeal a disciplinary decision, or refer you to a document that sets them out.

Raising a grievance

Acas says you can raise a formal grievance if raising it informally has not worked, if you do not want it dealt with informally, or if it is very serious, such as sexual harassment.

  1. Check the procedure in your contract, handbook or intranet: who to send it to and any time limits. If there is none, Acas suggests your line manager, or another manager or HR if that feels more comfortable.
  2. Write it down. Acas suggests including what the grievance is about, any evidence (such as a payslip or contract), and what you want your employer to do. Be specific and realistic, for example asking to be paid on time in future.
  3. Send it promptly. The Code says without unreasonable delay. Keep a copy and note the date.
  4. Attend the meeting, with a companion if you want one. The employer may adjourn to investigate.
  5. Get the outcome in writing, and appeal in writing if you are not satisfied.

Acas notes that a tribunal will consider whether you had a genuine reason for not following a formal procedure; its example is finding it hard to attend a meeting with someone accused of sexually harassing you. Mediation can be used at any stage if both sides agree.

Grievances and whistleblowing

If your complaint is about wrongdoing that affects others, such as a danger to health and safety or a crime, it may also be a protected disclosure. Acas says grievances are not usually the best route for whistleblowing, but if you use one, say clearly that it includes a disclosure. See whistleblowing.

Facing a disciplinary

Acas says misconduct is behaviour that breaks the organisation’s rules, such as bullying, harassment, refusing to do work or unauthorised absence, while capability is about your ability to do the job. Employers often try informal steps first, and for performance, support such as training or coaching.

Investigation and suspension

The employer should investigate without unreasonable delay. In misconduct cases, where practicable, different people should investigate and hold the hearing. If you are suspended, the Code says suspension should be on pay, as brief as possible, kept under review, and made clear that it is not a disciplinary action in itself.

The hearing

The Code says the employer should give you written notice of the allegations with enough information to prepare, normally with copies of witness statements and other evidence, plus the time and place and your right to be accompanied. At the hearing you can set out your case, answer the allegations, ask questions, present evidence and call relevant witnesses, giving advance notice if you plan to.

Warnings and outcomes

Outcome What the Acas Code and guidance say
No action The procedure should end and the employer should help you get back to normal working
Informal or verbal warning For minor issues; employers should still keep a confidential written record
First written warning The usual first step when misconduct or poor performance is confirmed
Final written warning After further misconduct or no improvement, or straight away if the first issue is serious enough
Other action, such as demotion Must be allowed by your contract; you can be accompanied at the meeting
Dismissal For gross misconduct, or after a final written warning; decided by a manager with authority

A written warning should set out the problem, the improvement needed with a timescale, how long the warning lasts, and the consequences of further problems.

Gross misconduct

Gross misconduct is conduct so serious it can justify dismissal without notice for a first offence. Acas’s examples include fraud or theft, physical violence, gross negligence and serious insubordination, but each employer’s rules may list their own. The Code says a fair process should always be followed before dismissing for gross misconduct. See unfair dismissal.

Your companion

The statutory right covers a fellow worker, a trade union representative certified as competent by their union, or an employed union official. You need to make a reasonable request, which does not have to be in writing. If your companion cannot attend, the employer must postpone to a time you propose, if it is reasonable and within five working days of the original date. Your companion can put and sum up your case, respond to views expressed and confer with you, but cannot answer questions for you.

If your employer refuses this right, you can complain to a tribunal, which can award up to two weeks’ pay.

Appeals

The Code expects an employee who thinks disciplinary action, or a grievance outcome, is wrong or unjust to appeal. Put your grounds in writing without unreasonable delay. The appeal should be heard impartially and, where possible, by a manager who has not been involved before, and you have the right to be accompanied. Not appealing can reduce compensation later if you bring a claim.

Time limits keep running

Acas warns that raising a problem internally does not change the time limits for an employment tribunal claim. For most events on or after 1 October 2026 the limit is six months; for earlier events, three months. If a grievance or appeal is dragging on and a deadline is approaching, you can still notify Acas for early conciliation. See Acas early conciliation and employment tribunal.

If a disciplinary ends in dismissal, an employee with two years’ service can ask for written reasons, which must be given within 14 days.

What to check in your contract or letter

  • Disciplinary rules and procedure, including whether the procedure is contractual or “for guidance only”.
  • Gross misconduct examples listed in the rules.
  • Grievance procedure: who to write to, any deadlines, and how appeals work.
  • Right to be accompanied, including any wider contractual right, for example at investigation meetings.
  • Suspension clause, and whether suspension is on full pay.
  • Capability or performance procedure, if separate.
  • Probation clause, and whether the procedure says anything different during probation.
  • Warning lengths: how long first and final warnings stay “live”.
  • Demotion, deduction or other sanctions the contract allows.
  • The invitation letter: the allegations, the evidence enclosed, the possible outcome and the date.

When it helps to speak to a solicitor

Many grievances and disciplinaries are resolved at work. It helps to get advice when the outcome could be dismissal, when the process seems unfair or rushed, when you are thinking about resigning, or when the issue involves discrimination or whistleblowing. A solicitor can help you prepare your statement, appeal or grievance and keep an eye on tribunal time limits. EmployedRight’s free document check can help you find the clauses above first.

Not sure what yours says? Upload your contract or the letter you've been sent, and we'll show you what it gives you, what it asks of you and the deadlines in it, with the wording behind each.

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Common questions

Can I bring someone to a disciplinary or grievance meeting?

Yes. Workers have a statutory right to be accompanied by a fellow worker, a trade union representative certified by their union, or an official employed by a trade union, at a disciplinary hearing that could lead to a formal warning or other action, at a grievance meeting about a duty your employer owes you, and at appeals. If your companion cannot make the date, the employer must postpone to a reasonable time within five working days.

Do I have the right to be accompanied at an investigation meeting?

Not by law. The Acas Code says there is no statutory right to be accompanied at a formal investigatory meeting, although your employer's own procedure may allow it. An investigation meeting should not by itself result in disciplinary action. Check your contract or handbook, because a more generous contractual right may apply.

Can my employer go straight to a final written warning?

Yes, if the first misconduct or poor performance is serious enough. The Acas Code says this might happen where your actions have had, or could have, a serious or harmful impact on the organisation. A warning should say what the problem is, what improvement is needed and by when, how long the warning lasts, and what may happen if things do not improve.

Does raising a grievance stop the tribunal time limit?

No. Acas warns that raising a problem with your employer does not change the time limits for an employment tribunal claim. If you may want to claim, keep track of the deadline, which is six months for most events on or after 1 October 2026, and notify Acas for early conciliation in time, even while the grievance is still running.

What happens if my employer ignores the Acas Code?

Failing to follow the Code does not by itself give you a claim, but tribunals take it into account. In many claims, including unfair dismissal and discrimination, a tribunal can increase compensation by up to 25% if the employer unreasonably failed to follow the Code, or reduce it by up to 25% if the employee unreasonably failed to, for example by not appealing.

Can I raise a grievance during a disciplinary?

Yes. The Acas Code says that where an employee raises a grievance during a disciplinary process, the disciplinary may be paused to deal with the grievance, and where the two are related it may be appropriate to deal with both together. Raising a grievance does not automatically stop a disciplinary, so it helps to say clearly how the two are linked.

Sources

  1. Acas Code of Practice on disciplinary and grievance procedures checked Fri Oct 02
  2. Acas: Grievance procedure step by step checked Fri Oct 02
  3. Acas: Step 2, raising a formal grievance checked Fri Oct 02
  4. Acas: Step 6, after the grievance procedure checked Fri Oct 02
  5. Acas: Disciplinary procedure step by step checked Fri Oct 02
  6. Acas: Step 5, deciding on the disciplinary outcome checked Fri Oct 02
  7. Acas: Early conciliation (grievances do not change time limits) checked Fri Oct 02
  8. Trade Union and Labour Relations (Consolidation) Act 1992, section 207A (adjustment of awards) checked Fri Oct 02
  9. Employment Relations Act 1999, section 11 (right to be accompanied: compensation) checked Fri Oct 02
  10. Employment Rights Act 1996, section 3 (note about disciplinary and grievance procedures) checked Fri Oct 02
  11. Employment Rights Act 1996, section 92 (written statement of reasons for dismissal) checked Fri Oct 02
  12. Employment Rights Act 2025 (Commencement No. 5 and Transitional Provisions) (Amendment) Regulations 2026, SI 2026/954 checked Fri Oct 02
  13. GOV.UK: Whistleblowing for employees checked Fri Oct 02

This guide is general information about employment law in Great Britain (England, Wales and Scotland). Northern Ireland has its own employment law. It isn't legal advice and doesn't take your circumstances into account.

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