Employee Grievance Solicitor London Advice on Managing Workplace Grievances
When an employee raises a grievance, the way you respond can shape your legal risk as much as the complaint itself. A poorly handled process can turn a manageable workplace dispute into an unfair dismissal claim, a discrimination allegation, or something more serious. David gives employers clear, practical advice on getting the process right from the outset, before the matter becomes a tribunal claim.
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WHEN AN EMPLOYEE RAISES A COMPLAINT…
A Mishandled Grievance Can Quickly Become a Tribunal Claim
How you handle a grievance matters as much as what it says. The ACAS Code of Practice on Disciplinary and Grievance Procedures is not legally binding, but tribunals must take it into account. Where an employer unreasonably fails to follow it, a tribunal can increase any compensation award by up to 25%.
That is the procedural risk. The substantive risk often runs further. A grievance that is ignored or dismissed without proper investigation can become a constructive dismissal claim if the employee resigns in response. A complaint involving a protected characteristic can become a discrimination claim. A complaint that amounts to a protected disclosure can trigger whistleblowing protection, and compensation for successful whistleblowing claims can be uncapped.
David helps employers manage grievances in a way that is fair, properly documented, and defensible. The goal is a process that does not create a bigger problem than the one it was meant to resolve.
Decades of Employment Law Experience, Protecting Employers at Every Stage
David Greenhalgh has advised employers on grievance handling for 35 years. His litigation background means he approaches every case with a clear view of how it would look at tribunal. He also understands how employees and their solicitors use grievance processes tactically, because he has been on that side of the table too.
That is what makes the advice useful. David knows what a well-documented, fairly conducted grievance process looks like. And he knows exactly what a claimant’s solicitor will go looking for when things have gone wrong.
A grievance is not just an HR process. It is potential evidence in a tribunal claim. How you handle it from the first acknowledgement sets the tone for everything that follows.
Where employers most often get grievance handling wrong.
Failing to acknowledge the grievance promptly
Delay at the first stage signals that the complaint is not being taken seriously, and it is exactly the kind of detail that gets highlighted in tribunal proceedings.
Appointing the wrong investigator
The person who is connected to the complaint, or who has already been involved in the issues raised, cannot fairly decide the outcome. Bias in the appointment process is one of the most common procedural failures David sees.
Rushing or skipping the investigation
A fair investigation means speaking to relevant witnesses, gathering documentary evidence, and giving the employee a proper opportunity to respond. Cutting corners leaves the outcome vulnerable to challenge.
Poor written outcomes
A written outcome that does not explain the reasoning, or that fails to address every issue raised, gives the employee grounds to appeal and leaves the employer with a weak foundation to defend if the matter goes further.
Conflating grievance and disciplinary processes
Where a grievance reveals potential misconduct, the two processes need to be kept separate and handled in the right order. Running them together, or using one to shortcut the other, creates procedural unfairness.
Missing the discrimination or whistleblowing angle
A grievance that touches on a protected characteristic or amounts to a protected disclosure carries different legal implications. Missing that means the response is wrong and the risk assessment is wrong.
Ignoring the 25% uplift risk
An unreasonable failure to follow the ACAS Code can result in a tribunal increasing any compensation award by up to 25%. That figure is applied to the award itself, so in high-value discrimination or whistleblowing cases, it matters considerably.
Handling the appeal badly
The appeal is a second chance to get it right and to correct procedural errors from the first stage. Treating it as a formality rathmon aner than a genuine reconsideration is a comd costly mistake.
Recent Grievance Outcomes
Case studies are anonymised to protect client confidentiality. Past outcomes are not a guarantee of future results.
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From First Contact to Resolution.
Initial call
David gets clear on the grievance, what stage it has reached, and where the immediate risks sit.
Response within hoursAgreement review
David reviews the complaint, identifies the legal issues and advises on the correct process, including the risks attached to each route.
Same dayNegotiation (if required)
David advises on the investigation, the written outcome, the appeal, and any parallel disciplinary process.
Same-day to 1 weekSign-off
A defensible outcome that closes the matter down, or clear advice on next steps if the employee escalates to ACAS or tribunal.
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David was very good and made it very easy for me to understand. My case was handled with professionalism and responding to me on time was excellent. Would definitely recommend his company
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Outstanding from start to finish. Extremely responsive and dedicated to providing personalised, thoughtful counsel tailored to my needs. David’s approach ensured clarity and a shared understanding throughout. Always candid and forthright, I felt confident I was receiving expert, high-quality, well-considered advice. Highest recommendation!
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Grievances, answered.
The questions David is asked most often before clients pick up the phone.
View full FAQ →Start with your own grievance procedure, which should follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. Acknowledge the complaint promptly in writing. Appoint an impartial investigator with no connection to the issues raised. Conduct a proper investigation, give the employee a chance to attend a hearing and be accompanied, issue a written outcome that addresses every point raised, and offer a right of appeal. How you handle a grievance from the outset determines both whether it resolves internally and how defensible your position is if it does not.
It is not legally binding, but tribunals must take it into account. Where an employer unreasonably fails to follow it, a tribunal can increase any compensation award by up to 25%. That uplift applies to the award itself. In discrimination or whistleblowing cases where compensation can be uncapped, the financial consequences can be significant.
These need particular care. The investigation should be conducted by someone with no involvement in, or connection to, the alleged conduct. Evidence needs to be gathered carefully. The outcome needs to address the specific legal framework, not just the interpersonal situation. Where the complaint involves a protected characteristic under the Equality Act 2010, the organisation’s potential liability can be uncapped. That changes the risk calculation. David advises employers on these cases at every stage.
Yes. A post-termination grievance can support an unfair dismissal or discrimination claim at tribunal, so it should still be taken seriously and handled properly, even after employment has ended.
One of the most common and difficult situations employers face. The two processes need to be kept clearly separate, usually handled by different people, and managed in the right order. Allowing one process to contaminate the other creates procedural unfairness that is very hard to defend at tribunal. David advises specifically on managing overlapping grievance and disciplinary processes without generating additional risk.
A grievance may become a protected disclosure where it raises information the employee reasonably believes is in the public interest and tends to show one of the qualifying categories of wrongdoing, such as a criminal offence, a breach of a legal obligation, or a danger to health and safety. Where that threshold is crossed, the employee cannot be dismissed or subjected to detriment because of the disclosure. Compensation for successful whistleblowing claims can be uncapped. Identifying whether a grievance crosses into whistleblowing territory is one of the most important risk-assessment steps David helps employers take, and it needs to happen early.