Positive relationships can significantly improve our experience—and productivity—at work, but conflict is sometimes unavoidable. Workplace conflict can manifest in many different ways, from personality clashes to serious allegations of bullying or harassment.
Under the Equality Act 2010, harassment is unlawful and defined as ‘unwanted conduct related to a relevant protected characteristic, which has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.
These relevant protected characteristics are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation.
While there is no legal definition of bullying, ACAS specifies ‘offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient’.
Employer and Employee Rights
Employers and employees have a mutual duty to treat each other honestly and respectfully. According to ACAS, employers have the right to expect employees not to bully each other and to expect employees to treat their managers with respect and follow all reasonable instructions.
Meanwhile, employees have the right to have trust and confidence in their employer and to expect not to be bullied at work. Employers have a legal duty of care to protect their employees from harm, including dealing with a grievance. As an employer or manager, you should take bullying or harassment complaints seriously and investigate them properly.
Dealing with Grievances and Disciplinaries
Workplace disagreements, complaints and performance issues are an inevitable part of organisational life. But even though they are common, they are not always easy to manage.
Compared to performing day-to-day business activities, knowing how to deal with a disciplinary at work or navigate a grievance procedure can be demanding and confusing, especially for first-time managers and leaders.
Getting these right isn’t just about maintaining harmony—it’s a legal requirement under UK employment law. Failure to follow the correct procedures can result in low morale, reputational damage, and costly Employment Tribunal claims.
This guide outlines how to manage conflict in the workplace around grievances and disciplinaries, following best practice and the ACAS Code of Practice.
Understanding the Difference
Grievance
A grievance is a concern, problem, or complaint raised by an employee. It could relate to working conditions, relationships with colleagues, unfair treatment, bullying, discrimination, or any breach of policy.
Disciplinary
A disciplinary process addresses alleged misconduct or poor performance by an employee. Examples include persistent lateness, breach of health and safety rules, insubordination, or underperformance.
The Legal Framework
Both employers and employees are expected to follow the ACAS Code of Practice on Disciplinary and Grievance Procedures.
While the Code itself is not legally binding, Employment Tribunals will consider whether it was followed—and may adjust compensation by up to 25% for non-compliance.
Key points in the Code:
- Employees have the right to raise grievances without fear of victimisation
- Employees have the right to be accompanied to formal grievance and disciplinary meetings by a trade union representative or a fellow employee
- Employers must act fairly, reasonably, and consistently
Dealing with Grievances: Step by Step
1) Informal resolution
Where possible, try to resolve concerns informally through discussion between the employee and their line manager. This can often prevent escalation.
2) Formal grievance
If informal attempts fail, the employee submits a written grievance which clearly outlines the nature of the complaint and any evidence.
3) Investigation
The employer must investigate promptly, impartially, and thoroughly. This may involve interviewing witnesses, reviewing documents, and gathering relevant facts.
4) Grievance meeting
A formal meeting is held to hear the employee’s concerns. The employee has the right to be accompanied by a trade union representative or a fellow employee.
5) Decision and outcome
The decision should be communicated in writing, outlining any actions the employer will take.
6) Appeal
The employee has the right to appeal if they are dissatisfied with the outcome. The appeal should be handled by a different manager where possible.
Handling Disciplinaries: Step by Step
1) Initial fact-finding
Before launching a formal disciplinary, the employer should assess whether there is enough evidence to proceed.
2) Investigation
A fair and impartial investigation takes place, separate from the disciplinary hearing.
3) Invitation to disciplinary hearing
If evidence supports formal action, the employee should receive a written invitation which outlines the allegations in detail, possible consequences and their right to be accompanied.
4) Disciplinary hearing
The employee has the opportunity to respond to the allegations, present evidence, and call witnesses if relevant.
5) Decision and sanction
Any decision should be based on the evidence and the seriousness of the misconduct or performance issue.
Sanctions may include:
● Informal warning
● First written warning
● Final written warning
● Dismissal (with notice or summary dismissal for gross misconduct)
6) Right of appeal
The employee has the right to appeal against any disciplinary decision.
Best Practice
While every conflict is unique, it is good practice to follow a few basic principles when dealing with a grievance at work or pursuing disciplinary action. Give yourself the best chance at staying on track by remembering:
- Consistency – Apply procedures equally to all employees to avoid discrimination claims
- Confidentiality – Keep all grievance and disciplinary matters private
- Documentation – Keep clear records of meetings, evidence, and decisions
- Training – Ensure managers are trained in handling complaints and misconduct
- Timeliness – Address matters promptly to prevent worsening relationships or legal risks
Common Pitfalls to Avoid
When tensions are high, it can be tempting to try to resolve the core conflict as quickly as possible. However, it is crucial to cover all bases to maintain morale, protect your reputation, and avoid Employment Tribunals.
With this in mind, don’t:
- Skip the investigation stage
- Fail to provide enough detail in allegations
- Use the same person for both the investigation and the appeal
- Treat employees differently in similar situations
- Fail to give the employee a chance to respond
Conclusion
Grievance and disciplinary procedures are not merely a formality—they are a framework for fairness, transparency, and trust in the workplace.
By following the ACAS Code of Practice and applying best-practice principles, employers can resolve issues effectively while protecting themselves from legal risk.
Our experienced team of employment law specialists are also on hand to guide you. We are here to help you understand how to deal with a disciplinary meeting or have your voice heard when resolving a grievance.
Get in touch today to find out how we can support you through conflict in the workplace.