When an employee is the subject of a grievance what must employers tell them?

When a grievance is raised, much of the focus naturally falls on the person who has made the complaint. However, employers must be equally mindful of the rights of the employee who is the subject of that complaint.

A grievance is an allegation, not a finding. At this stage, the employer’s responsibility is to investigate fairly and impartially, ensuring that the employee understands what they are facing is a core part of procedural fairness.

The starting point is clarity. The employee must be told the substance of the complaint against them. This does not require sharing every document immediately or disclosing sensitive personal data, but it does require enough information for them to understand the nature of the allegation and respond meaningfully. Vague statements such as “concerns have been raised about your behaviour” are unlikely to be sufficient.

Employers should explain what the complaint relates to, when the alleged incident occurred (where relevant), and the broad context of the concern. The employee must be given a genuine opportunity to provide their account before any conclusions are reached. A process that reaches findings before hearing from the employee is unlikely to withstand scrutiny.

Timing also matters. Issues should be addressed without unreasonable delay. Prolonged uncertainty can damage working relationships and increase the risk of stress-related absence or counter-allegations.

It is equally important for employers to understand what they are not obliged to do at the grievance investigation stage. There is no automatic statutory right for the employee to be accompanied at an investigatory meeting. The statutory right to accompaniment applies only if the matter progresses to a formal disciplinary hearing. Some employers choose to allow accompaniment earlier as a matter of policy, but this is not a legal requirement.

Employers are also not automatically required to arrange a meeting between the complainant and the employee complained about. In many cases, keeping the parties separate is more appropriate and reduces the risk of escalation.

Disclosure of evidence requires careful judgment. While fairness requires that the employee understands the case against them, it does not necessarily mean providing unredacted witness statements at the outset. Where there are concerns about confidentiality, privacy or potential retaliation, information may be anonymised or summarised. The key legal question is whether the employee has sufficient detail to respond properly.

If, following investigation, the matter proceeds to a disciplinary stage, the employer’s obligations become more formalised. The employee must then receive written confirmation of the allegations, details of the evidence to be relied upon, notice of a disciplinary hearing, the statutory right to be accompanied, and the right to appeal any formal sanction.

Throughout the process, employers must act consistently with the Acas Code of Practice on Disciplinary and Grievance Procedures. Although the Code is not legally binding, tribunals take it into account when assessing fairness. An unreasonable failure to follow it can lead to an uplift in compensation of up to 25% in relevant cases.

In practical terms, employers should ensure that:

The allegation is clearly defined before speaking to the employee.
The employee receives enough detail to understand and respond.
Notes are taken and retained.
Decision-makers remain impartial and avoid forming early conclusions.

Tribunals do not just look at whether an employer had concerns, they look closely at whether the process was fair. Ensuring that the employee understands the allegation and has a real opportunity to respond is not just good practice; it is a legal safeguard.

Handled correctly, a grievance investigation protects everyone involved. Handled poorly, it risks undermining trust and exposing the business to avoidable claims.

Contact us at enquiries@121hrsolutions.co.uk and we can discuss and further queries you may have on this subject.

When an employee is the subject of a grievance what must employers tell them?

121 HR Solutions Ltd