GRIEVANCES - 06.03.2024

How long should a grievance investigation take?

Once a formal grievance has been raised by an employee, you need to promptly and properly investigate it. However, are there any rules around what’s a reasonable timeframe for conducting such an investigation?

Investigation timescales

The Acas Code of Practice on Disciplinary and Grievance Procedures doesn’t say anything about how long a grievance investigation should take. All it says is that once a grievance has been received you should arrange for a grievance meeting to be held “without unreasonable delay” .

Tip. Ensure that whoever you appoint to investigate the grievance is available to complete it promptly, e.g. they’re not about to go on annual leave. If necessary, relieve them of some of their job duties so they can devote sufficient time to the investigation to get it done quickly.

Trap. Being quick doesn’t mean taking shortcuts. The investigation must be sufficiently thorough. How long it takes will depend on the nature and complexity of the grievance, how much documentary evidence must be collected and how many witnesses need to be interviewed. Check also if your grievance procedure lays down any investigation timescales.

You can only properly start your investigation in the first place if you have a clear understanding of the issues raised in the grievance. So, unless the complainant has submitted a detailed grievance letter, begin the process by interviewing them.

Tip. Unless it’s a complex matter, aim for the investigation to take no more than a few days.

Investigation delays

There can be various legitimate reasons for a grievance investigation being delayed, such as a key witness being on annual leave, difficulties in locating specific documents or the investigator unexpectedly being taken ill. If something happens to delay your investigation, ensure the complainant is kept informed (see The next step ). Tip. Don’t ever delay though because work is busy - the circumstances should be beyond your control.

Tip. If the investigator goes on sick leave and it looks like their absence will be long term, appoint someone else to take over.

Complainant’s sick leave

If the complainant goes off sick after they’ve raised their grievance, don’t just put the investigation on hold. Instead, investigate it in the normal way and, if necessary, ask them to submit a more detailed written grievance statement.

When it comes to the grievance meeting, if you’ve had to postpone it because of the complainant’s ongoing sickness absence, offer them alternative options to enable the matter to progress, such as holding the meeting at a neutral venue or at their home, holding it by phone/online or allowing them to send along a representative to act on their behalf (see The next step ).

Tip. If the complainant’s sickness absence is likely to only be short term, e.g. a week or two, it would be reasonable to simply wait and hold the grievance meeting on their return to work.

Tip. Never conclude a grievance without having given the complainant a fair opportunity to explain their complaints and how they want them resolved.

For a delayed grievance investigation letter and a letter offering options for a grievance meeting, visit https://www.tips-and-advice.co.uk , Download Zone, year 26, issue 6.

There are no set rules on the length of a grievance investigation, but you do have to arrange a grievance meeting without unreasonable delay. Unless it’s a complex matter, aim for the investigation to take no more than a few days. If there’s an unavoidable delay in the investigation, do keep the employee appraised of the position.

© Indicator - FL Memo Ltd

Tel.: (01233) 653500 • Fax: (01233) 647100

subscriptions@indicator-flm.co.ukwww.indicator-flm.co.uk

Calgarth House, 39-41 Bank Street, Ashford, Kent TN23 1DQ

VAT GB 726 598 394 • Registered in England • Company Registration No. 3599719