Not every complaint is a grievance

One of the most common misconceptions in the workplace is that an employer can only investigate concerns if an employee submits a formal grievance.

Employers often become aware of issues long before a grievance is ever raised. The question is not whether an employee has completed the right form or used the word “grievance”, but whether information has come to light that suggests inappropriate workplace behaviour may have occurred.

A recent client query highlighted this perfectly. An employee approached HR to express concerns about the way a colleague spoke about women. The comments were not directed at the employee personally, nor did they submit a formal grievance. However, they explained that the language used was derogatory and made them feel uncomfortable in the workplace. This placed the employer in a difficult but important position.

Many businesses make the mistake of viewing concerns like this as a personal dispute between employees. However, where allegations suggest inappropriate, discriminatory or potentially harassing behaviour, the issue becomes much wider than the individual who raised the concern.

Once concerns were reported, the employer obtained witness statements and spoke to those involved. As further information emerged, it became clear that the focus was not simply how one employee felt about the comments, but whether the conduct itself was acceptable in the workplace. At that point, the employer had a responsibility to investigate further and consider whether disciplinary action was appropriate.

This distinction is important. A grievance is a complaint raised by an employee. A disciplinary process is the mechanism used to address potential misconduct. Sometimes one leads to the other, but they are not the same thing.

Employers should not assume that the absence of a formal grievance means no action is required. If concerns are raised about sexist remarks, racist language, bullying, harassment or other inappropriate conduct, businesses may still have an obligation to investigate and act where necessary.

This is particularly relevant given the increased focus on workplace culture and harassment prevention. Employers are expected to take reasonable steps to address inappropriate behaviour and create a working environment where employees feel respected and safe.

For small and medium-sized businesses, the lesson is simple. Not every concern will result in a grievance, but that does not mean it should be ignored. If information comes to light that suggests there may have been misconduct, employers should investigate the facts, assess the risk and take appropriate action.

The key question is not “Has someone submitted a grievance?” it is “Has something happened that requires the business to act?” In many cases, that answer will be yes.

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

Not every complaint is a grievance

121 HR Solutions Ltd