Can an Employer Refuse to Hear a Grievance in the UK?

Grievances are one of those “small HR issues” that can become a big legal problem if they’re mishandled.

And if you’re running a small business, it’s easy to feel like you don’t have the time (or headspace) for a formal process every time an employee raises a concern.

So, can an employer refuse to hear a grievance in the UK?

In most cases, you shouldn’t. Even where you can decline to deal with a complaint in a particular way (or at a particular time), doing so without a clear reason and a fair process can expose your business to risk.

Below, we break down what UK rules and best practice say, when it might be reasonable to pause or refuse a grievance process, and how to handle grievances in a way that protects your business from day one.

What Counts As A “Grievance” (And Why You Should Take It Seriously)

A grievance is essentially any complaint, concern or objection raised by an employee about their work or workplace.

In a small business, grievances often start informally (a frustrated chat, an email to a manager, a message after a shift). But they can quickly escalate into:

• formal grievances;
• disciplinary disputes;
• resignations and constructive dismissal allegations;
• discrimination claims; or
• whistleblowing-related disputes.

Common grievance topics include:

• bullying, harassment or interpersonal conflict;
• pay disputes, overtime, commission or bonuses;
• work allocation, rota fairness, workload and breaks;
• performance management or disciplinary action they disagree with;
• health and safety concerns;
• flexible working and family-related issues; and
• allegations of discrimination (for example, around sex, race, disability, age, religion or belief).

From a legal perspective, the reason grievances matter is that a poorly handled grievance can become evidence that an employer:

• failed to follow a fair process;
• breached the implied term of trust and confidence;
• ignored warning signs of discrimination or harassment; or
• failed to take reasonable steps to prevent harm at work.

Having the right documents in place helps too. For example, your Employment Contract and internal policies should set expectations about how workplace issues are raised and handled.

Can An Employer Refuse To Hear a Grievance In The UK?

If you’re looking up whether an employer can refuse to hear a grievance, you’re probably dealing with a tricky scenario: maybe the complaint feels repetitive, malicious, vague, or it lands right in the middle of another process.

As a general rule, it’s risky to simply refuse.

What The Rules Say (In Plain English)

UK law doesn’t contain a single “grievance statute” that forces employers to run a specific procedure in every situation. But you are expected to act reasonably and fairly.

In practice, employers are guided by:

• The ACAS Code of Practice on Disciplinary and Grievance Procedures (the “ACAS Code”)
• Employment tribunal expectations about fairness and reasonable investigation
• Equality Act 2010 duties (where discrimination/harassment is alleged)
• Whistleblowing rules (Public Interest Disclosure Act 1998) if the complaint is a protected disclosure

Even though the ACAS Code isn’t legislation, it matters. If a dispute ends up in an employment tribunal, failing to follow the ACAS Code can lead to an uplift in compensation (or a reduction if the employee didn’t comply).

What This Means For Small Businesses

In most cases, the safest, cleanest approach is:

• acknowledge the grievance (even if you don’t agree with it),
• follow a fair process, and
• document your steps.

If you simply ignore the complaint or refuse to engage, you may unintentionally push the situation towards resignation, escalation, or external claims.

It can help to align your approach with a clear grievance process set out in your handbook. Many businesses build this into their Staff Handbook so managers aren’t forced to “make it up” under pressure.

When Might It Be Reasonable To Decline Or Pause A Grievance Process?

There are situations where you may not need to run a full grievance process immediately, or where it’s reasonable to refuse to deal with a grievance in the exact form it’s been raised.

The key is to avoid a blanket refusal. Instead, you should be thinking:

• Is there a legitimate reason we can’t deal with this right now?
• Have we clearly explained that reason to the employee?
• Are we offering an alternative route or timeframe?
• Are we being consistent with how we treat similar cases?

1. The Complaint Isn’t Actually A Grievance (Or It’s A Request For Something Else)

Sometimes an employee labels something a “grievance” when it’s really:

• a pay query that payroll can resolve;
• a holiday booking dispute;
• a flexible working request;
• a reasonable adjustment request; or
• a customer complaint they want you to “fix”.

You can redirect it to the right process, but it’s still wise to acknowledge it and confirm what you’re doing with it.

2. A Disciplinary Or Performance Process Is Already Underway

If an employee raises a grievance during a disciplinary or performance process, you don’t always have to stop everything.

But you do need to consider whether the grievance:

• relates to the disciplinary allegations (for example, “my manager is targeting me”), or
• raises discrimination/harassment concerns that could affect fairness.

Depending on what’s raised, you might:

• pause the disciplinary process while you deal with the grievance;
• run both processes in parallel (carefully); or
• fold the grievance issues into the disciplinary investigation if appropriate.

Where performance management is part of the background, having a structured approach like Performance Improvement Plans can reduce the chance of grievances arising from misunderstandings or inconsistent treatment.

3. The Grievance Is Vexatious, Abusive, Or Repetitive

Some grievances are raised in bad faith, include abusive language, or repeat issues that have already been properly addressed.

Even then, an outright refusal can be risky. A safer approach is usually to:

• confirm you’ve reviewed the grievance,
• explain that the issue has already been concluded (and why),
• make clear whether there’s any internal review or appeal step available under your procedure (and, if so, how to use it), and
• set boundaries around unacceptable communications.

4. The Employee Has Left (Or Is Leaving)

If someone resigns and then raises a grievance, you’re not automatically required to run a full procedure, but it’s often still sensible to address it.

Why? Because former employees can still bring claims, and your grievance handling (or lack of it) can be evidence in a dispute.

5. There Are Genuine Practical Barriers (But You Still Need A Plan)

Examples include:

• key witnesses are on annual leave or off sick;
• you’re awaiting critical documents;
• there’s a related police investigation; or
• the grievance involves sensitive third-party information you must handle carefully.

In these cases, you can reasonably pause, but you should still:

• acknowledge the grievance promptly,
• explain the delay and the expected timeframe, and
• keep the employee updated.

Being clear on timeframes matters. If you want a benchmark for what “reasonable” looks like, it’s helpful to understand grievance procedure time limits and how delays can create legal and practical risk.

How To Handle A Grievance Properly (A Practical Step-By-Step For Employers)

If you want a process that’s fair, defensible, and manageable for a small business, you don’t need to overcomplicate it.

Here’s a practical framework that generally aligns with the ACAS Code and best practice.

Step 1: Acknowledge The Grievance Quickly

Even if you think the grievance is unfounded, acknowledge receipt in writing and confirm next steps. This alone can de-escalate tension.

If the grievance is vague, ask for clarification in writing so you’re responding to something concrete.

Step 2: Decide Who Will Handle It (And Check Conflicts)

Ideally, the grievance should be handled by someone:

• not directly involved in the complaint;
• senior enough to make decisions; and
• calm and experienced enough to run a fair meeting.

If you’re a very small business and there’s no truly independent manager available, you can still proceed - but be extra careful with documentation and fairness.

Step 3: Investigate Proportionately

Not every grievance needs a full-scale investigation with lengthy witness statements. But you should investigate enough to make an informed decision.

That can include:

• reviewing messages, rotas, timesheets, CCTV (where lawful), or policies;
• speaking with relevant witnesses;
• checking previous issues or informal discussions; and
• identifying whether there are any safeguarding, discrimination, or whistleblowing angles.

For more complex issues, it helps to follow a structured approach to Workplace Investigations, especially where facts are disputed.

Step 4: Hold A Grievance Meeting

A grievance meeting gives the employee a chance to explain their concerns and allows you to ask questions.

Best practice tips:

• give reasonable notice of the meeting;
• share any key documents you’ll rely on (where appropriate);
• allow the employee to be accompanied at the grievance hearing (the statutory right applies here, and your policy may allow it more broadly); and
• keep a written note of what was discussed.

If you want a checklist of the common traps (and how to avoid them), having a clear approach to grievance meetings can be really useful.

Step 5: Make A Decision And Confirm It In Writing

Your written outcome should usually cover:

• what the grievance was about (briefly and accurately);
• what steps you took to investigate;
• your decision and reasons (in plain English);
• any actions you’ll take (for example, training, mediation, adjusting reporting lines); and
• the employee’s right of appeal and how to raise it (if your procedure provides for an appeal).

Even if you don’t uphold the grievance, you can often still take practical steps to improve working relationships and reduce the risk of repeat issues.

Step 6: Offer An Appeal (And Keep It As Independent As Possible)

An appeal doesn’t have to be a “re-run”, but it should be a genuine opportunity to review the decision where your grievance procedure provides for an appeal.

If possible, someone more senior (or less involved) should hear the appeal.

Common Employer Mistakes (And How To Avoid A Small Issue Becoming A Claim)

Most grievance disputes don’t blow up because an employer is trying to do the wrong thing.

They blow up because the business is moving fast, juggling staffing pressures, and doesn’t have a consistent process.

Here are some of the most common pitfalls we see.

Ignoring It Because It’s “Not Formal”

An employee doesn’t always have to use the word “grievance” for it to be a grievance.

If someone raises a serious concern (especially around harassment, discrimination, pay, or safety), treat it seriously even if it’s informal.

Treating The Employee As The Problem

If your immediate response is “they’re just difficult”, you might miss the real risk: that the grievance includes protected issues (disability, pregnancy, race, whistleblowing) where your duties are higher.

Stay neutral, focus on facts, and document your steps.

Letting The Manager Named In The Grievance Run The Process

This is a big one. If the accused manager investigates and decides the outcome, the process can look biased even if it’s not.

If you can’t fully separate roles (common in small businesses), consider getting HR/legal guidance so your process is still defensible.

Retaliation Or “Quiet Punishment”

Be careful about changes after a grievance, such as:

• removing shifts,
• excluding the person from meetings,
• reducing responsibilities, or
• making comments about them being a “troublemaker”.

Even subtle retaliation can create serious legal risk, particularly if the grievance overlaps with whistleblowing or discrimination protections.

No Clear Paper Trail

When grievances escalate, the question often becomes: “What did you do, and when?”

Good records help you show:

• you took the complaint seriously,
• you acted fairly, and
• your decision was reasoned and evidence-based.

Not Having The Right Policies In Place

Policies don’t stop grievances from being raised - but they do make it much easier to handle them consistently.

At a minimum, many businesses benefit from having a Workplace Policy set covering conduct, bullying and harassment, disciplinary/grievance procedures, and manager responsibilities.

Key Takeaways

• While UK law doesn’t say you must run a “perfect” process every time, it’s usually risky to outright refuse to hear a grievance, especially where discrimination, harassment, whistleblowing, or safety issues are involved.
• The ACAS Code strongly influences what tribunals expect, and failing to follow it can increase compensation in some claims.
• If there’s a genuine reason to pause or redirect a grievance (for example, it overlaps with a disciplinary process or is repetitive), explain your reasoning clearly and keep the employee updated.
• A fair grievance process typically includes acknowledgment, an impartial decision-maker where possible, proportionate investigation, a grievance meeting, a written outcome, and (where your procedure provides for it) an appeal route.
• Common mistakes include ignoring informal complaints, allowing conflicts of interest, lacking documentation, and not having clear policies and contracts in place.

This article is general information only and isn’t legal advice. If you’d like help putting a practical grievance process in place (or dealing with a live grievance without it spiralling), you can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.