Top Tips For Dealing With Workplace Grievances

Why a Clear Grievance Procedure Matters for Irish Employers

Grievances will sometimes arise in the workplace. These can relate to issues with pay and conditions, other employees and misunderstandings. 

It is important to foster a healthy workplace environment that encourages good communication, openness, and, where issues arise, a willingness to co-operate, listen and work towards an amicable resolution in the best interests of everybody involved. Encouraging concerns to be raised early can help stop issues escalating into formal complaints.

A good grievance policy should allow for the quick resolution of grievances and ensure minimal disruption. However, sometimes, grievances are purposefully raised as a defence or to deflect the focus and stifle investigations and processes from progressing under other polices. 

Below we have set out some practical tips for dealing with grievances in a timely, transparent and fair manner.

19 Practical tips for handling workplace grievances fairly

The points below are designed to help employers manage workplace grievances consistently, fairly and in line with good practice. Taken together, they can help reduce disruption, support better decision-making and strengthen confidence in the process.

1. Follow the policy

Read the wording carefully and do not deviate from the policy. S.I. No. 146 2000 Code of Practice on Grievance and Disciplinary Procedure sets out what should be included in a grievance process. 

The Code suggests it is good practice for a grievance procedure to have a number of escalating stages in the process. This should progress from the informal complaint level to the 1st stage involving management, a 2nd stage involving more senior management, and finally, to the appeal stage.

It is important that the grievance policy and its procedures are applied uniformly. Any failure to deal with complaints in a uniform manner can lead to further allegations of unfairness and discrimination against an employer.

2. Define the scope

A grievance policy should clearly set out the scope of the policy and to whom it applies. Usually, former employees and others external to the organisation cannot make complaints under the grievance policy. Before an issue is processed as a grievance, the scope of the policy should be checked to ensure the matter is appropriate to be dealt with as a grievance.

3. Use the informal stage first

The first stage of a grievance procedure should give an opportunity to deal with the grievance on an informal basis. This allows an employee to raise an issue with their direct supervisor or line manager with the hope that the issue can be resolved without the need to invoke a formal grievance procedure. If an employee is dissatisfied with the results of the informal process, they should then be able to raise a formal grievance.

4. Get the complaint in writing

At the outset of the formal stage, the complainant should be requested to put their formal complaint in writing, including the relevant fact(s), date(s) and witness(es). 

This allows for the efficient management of the grievance process, the planning of interviews, and the lining up of witnesses. The employer should also acknowledge receipt of the grievance promptly and outline the next steps in the process.

5. Triage the complaint

A grievance should be considered in full to ensure that it is being dealt with under the most appropriate policy. Issues such as bullying allegations or health and safety concerns may be included in the complaint or may arise during the investigation, so the complaint should be triaged from the outset to ensure it is being dealt with under the correct policy. 

Where appropriate, an impartial investigator should be appointed to gather evidence and interview witnesses fairly.

6. Provide a copy of the policy

An employee looking to raise a grievance should be provided a copy of the Grievance Policy. It should also be included in the staff handbook and shared with employees during induction.

7. Be aware of other policies

Those dealing with a grievance need to be aware of other policies, such as bullying and harassment, whistleblowing and health and safety when handling a grievance. 

For example, interpersonal grievances between the complainant and other workers or their employer are specifically excluded from the Protected Disclosures Act 2014 and the Protected Disclosures (Amendment) Act 2022. However, other grievances (being those not exclusively related to the terms and conditions of the Complainant) may fall within the scope of the legislation and constitute a protected disclosure.

8. Train HR and Senior Managers

Regular training on the grievance policy should be provided to HR and senior managers, including training on handling grievances informally and sensitively. A copy of all relevant policies should be provided to all employees as part of their induction on commencement of employment.

9. Allow working under protest

Where a grievance relates to a workplace practice, normal work should continue, and the employee can be advised that their objection to this practice is noted and being investigated, but they are still required to continue working under protest.

10. Prevent victimisation and retaliation

An employer should never victimise/punish or treat an employee differently for raising a grievance. Employees should also be protected from retaliation after raising a grievance. 

In the case of Patrick O'Connor v Wexford County Council, the WRC awarded €10,000 to an employee where it was found that his employer had penalised him for raising grievances.¹

11. Offer multiple reporting channels

It is important to have multiple people to whom grievances can be referred to avoid a situation whereby an employee is discouraged or inhibited from raising a grievance because it may relate to their direct line manager. This can be a problem for small businesses, however, there is always the option of having a designated email address for grievances or other senior people in the company who can receive a grievance.

12. Set and stick to clear timelines

An employer should ensure that each stage of a grievance procedure has clear timelines. They should then ensure that these timelines are adhered to. Once a decision is reached, the employee should be notified in writing and given the reasons for it. 

In A Clerical Worker v A Transport Organisation², an award of €1,000 was made against an employer for failing to deal with an employee's grievances in a timely manner.

13. Consider mediation

Mediation should be offered in a grievance policy as an option to resolve grievances on an informal basis. Where appropriate, it can also be a practical form of dispute resolution. Mediation is voluntary and requires the cooperation of both parties. However, this can be an expensive option if an external mediator is required but that will not always be a requirement depending on the circumstances.

14. Keep records of all meetings

A paper trail of all meetings should be maintained, and the employee should be sent a copy of the minutes of all meetings after they occur. Follow-up meetings may also be appropriate where agreed actions need to be reviewed.

15. Structure the grievance meeting

A grievance meeting should provide the employee with a fair hearing and a structured opportunity to present their concerns.Many of the same fairness principles discussed in our article on employee representation in internal disciplinary processes are also relevant when arranging a grievance meeting. 

An employee raising a grievance should be allowed to be accompanied by a workplace colleague or a trade union representative where appropriate. The representative's purpose is to provide the complainant with support and not to act on their behalf or as a mouthpiece.

16. Guard against policy abuse

Good faith is required for an effective use of a grievance policy. An employer cannot permit a situation in which an employee purposely makes a report that they believe, or have reason to believe, is false. Disciplinary sanctions could follow if an employee is found to have abused the policy. 

17. Maintain Confidentiality

This can be difficult where witnesses and third parties are involved, however, an employer should make best efforts to deal with grievances confidentially. Anonymity should be considered carefully as very often this cannot, and should not, be guaranteed.

18. Always offer a right of appeal

The right of appeal should be offered to all findings under a grievance policy. The person hearing the appeal should be someone more senior or at least at the same level as the original decision maker. 

The person hearing the appeal should be lined up from the outset of the grievance process to avoid an employer having to go external, but again, this may be more problematic for smaller businesses.

19. Review the policy regularly

Grievance policies should be frequently reviewed and updated by employers to ensure they reflect changing industry practices, developments in case law and wider Employment law changes for 2026.

Footnotes

1. ADJ-00046217 Patrick O'Connor v Wexford County Council

2. IR – SC – 00001-92 A Clerical Worker v A Transport Organisation

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.