How the Grievance Procedure Works in Scotland (2026)

Raising a grievance at work is never an easy decision. Whether you are being treated unfairly by a manager, experiencing bullying or harassment, facing changes to your role or pay, or dealing with a disciplinary process that does not feel right, formally raising a concern can feel daunting — particularly if you are unsure what happens next or whether the process will make things better or worse.

This article explains how the grievance procedure is supposed to work in Scotland, what your employer is required to do at each stage, what a fair process looks like compared to what commonly goes wrong, and what practical steps you can take to protect your position throughout.

What Is a Grievance?

A grievance is a formal complaint you raise with your employer about something at work that you believe is wrong, unfair, or unacceptable. It is the mechanism by which you put a concern on the record formally and require your employer to respond to it.

Common reasons for raising a formal grievance include:

unfair or demeaning treatment by a manager or colleague
bullying or harassment — including behaviour that may not be obvious to others
discrimination connected to a protected characteristic under the Equality Act 2010
concerns about pay, holiday entitlement, or contractual terms
changes to your duties, role, or working conditions without agreement
the way a disciplinary or capability process is being conducted
being pressured to resign or feeling forced out of your role
health and safety concerns that have not been addressed

A grievance is not just a complaint — it is a formal step that creates a written record, requires a formal response, and can be relevant to any subsequent employment tribunal claim. Understanding how to use it effectively matters.

Should You Raise a Grievance Now?

Before going through the process itself, it is worth considering whether now is the right time to raise a formal grievance — because timing matters.

Raising a grievance too early, before you have a clear contemporaneous record and a specific, well-articulated concern, can sometimes be less effective than it might be with proper preparation. A grievance that is vague is easier for an employer to dismiss.

On the other hand, waiting too long — particularly if the situation is escalating, if a disciplinary process is already underway, or if the treatment is affecting your health — means losing the opportunity to put concerns on the record while they are still current.

There are circumstances in which raising a grievance immediately is clearly the right step:

the treatment you are experiencing is serious, sustained, or worsening
the concern involves discrimination or a protected characteristic
you are currently in a disciplinary process and the conduct of that process is itself unfair
you have already been subjected to formal action and want to put your concerns on the record before any further steps are taken
the treatment follows a complaint you previously made, sick leave, or the exercise of a legal right

You can read more about how to assess whether the time is right — and what the specific triggers are — in our guide to
When to Raise a Formal Grievance at Work in Scotland

The ACAS Code and Your Employer's Own Procedure

Two sets of standards govern how your employer must handle a grievance.

The first is the ACAS Code of Practice on Disciplinary and Grievance Procedures. This is a statutory code that applies to all employers in Scotland and across Great Britain. Employment tribunals are required to take it into account when assessing whether a grievance was handled fairly. If your employer unreasonably fails to follow the Code, a tribunal can increase any compensation awarded by up to 25 percent.

The second is your employer's own grievance procedure. This is the specific document your employer has committed to following when employees raise concerns. It may set a higher standard than the ACAS Code — for example, requiring a response within a specific number of days, specifying who should conduct the investigation, or providing additional rights at the meeting stage.

Both standards apply. An employer who broadly follows the ACAS Code but departs significantly from their own stated procedure may still have handled the grievance unfairly — and that departure is worth identifying and raising.

You can read more about this distinction and how to use it in our guide to
Your Employer Isn't Following Their Own Procedure — What You Can Do About It

Step by Step — How the Grievance Procedure Works

Step 1 — Informal Discussion First

The ACAS Code encourages employers and employees to attempt to resolve concerns informally before a formal grievance is raised. In straightforward situations — a misunderstanding, an isolated incident, a concern that your manager is unaware of — an informal conversation may resolve the matter quickly and without the stress of a formal process.

However, there are situations where going straight to a formal grievance is appropriate:

the concern is serious — involving bullying, harassment, or discrimination
you have already tried to raise the matter informally and it has not been addressed
the concern involves your own manager, making an informal conversation difficult
you do not feel safe raising the matter informally
you need to create a formal record because the situation may escalate

Moving to a formal grievance in these circumstances is not unreasonable — it is the appropriate step.

Step 2 — Raising the Grievance in Writing

A formal grievance should be raised in writing. This creates a clear record of what you have complained about and when, and it requires your employer to respond formally.

Your grievance letter should include:

a clear description of the concern or complaint
the dates and times of relevant events
who was involved in each incident or situation
how the treatment has affected you — professionally and personally
any previous attempts to raise the matter informally and your employer's response
the outcome you are seeking

You do not need to use legal language. A clear, factual, chronological account is more effective than a complicated or emotionally-charged letter. Stick to what happened, when it happened, and what you want your employer to do about it.

Before sending your grievance, check that it includes:

a clear description of each specific concern — not just a general complaint
dates and times of key events, as accurately as you can recall
the names of people involved or present
details of any previous informal discussions or complaints
any supporting documents — emails, messages, letters — referenced where relevant
a clear statement of the outcome you are seeking

Send the grievance to HR or your line manager by email and keep a copy. Note the date it was sent and the date it was acknowledged.

Step 3 — Acknowledgement and Arrangements for the Grievance Meeting

On receiving your grievance, your employer should acknowledge it promptly and arrange a formal grievance meeting. The ACAS Code expects this to happen without unnecessary delay.

Before the meeting, your employer should tell you:

when and where the meeting will take place
who will be conducting it
that you have the right to be accompanied

If your employer's own grievance procedure specifies timescales for acknowledging a grievance or arranging a meeting — and many do — failure to meet those timescales is a departure from the procedure that is worth noting.

Step 4 — The Grievance Meeting

At the grievance meeting, you should be given a proper opportunity to explain your concerns in full. This is not a formality — it should be a genuine and respectful discussion in which your account is heard and your supporting evidence considered.

A fair grievance meeting should involve:

reasonable notice — you should not be called to a meeting at very short notice without time to prepare
a clear explanation at the outset of who is present and what the purpose of the meeting is
a genuine opportunity for you to explain each concern in your own words
the opportunity to refer to supporting documents or evidence
questions to clarify the situation — not to challenge or undermine your account
your companion being permitted to address the meeting and support you throughout

You have a statutory right under the Employment Relations Act 1999 to be accompanied at a formal grievance hearing by a work colleague or trade union representative. This right cannot be removed by your employer. Your employer's own policy may extend this right further — for example, allowing an independent workplace advocate.

You can read more about who you can bring and what they can do in our guide to
Your Right to Be Accompanied at Work Hearings

Step 5 — Investigation

Following the grievance meeting, your employer should carry out a fair and balanced investigation. This means gathering relevant evidence, speaking to witnesses where appropriate, and considering the matter objectively — not simply looking for reasons to dismiss your concern.

What this should involve in practice:

speaking to any witnesses you have identified as relevant
reviewing documents, emails, or records relevant to the concern
not relying solely on the account of the person your grievance is about
keeping you informed of progress where the investigation takes time

A common failure at this stage is an investigation that goes through the motions — interviewing only management, declining to speak to witnesses who might support your account, or reaching a conclusion before the evidence has been properly gathered. If the investigation feels one-sided or superficial, that is worth raising.

Step 6 — Written Outcome

Once the investigation is complete, your employer must provide a written outcome. This should set out:

the decision reached on each concern you raised
the reasons for each decision
any action your employer is taking as a result
your right to appeal and the process for doing so

A written outcome that simply says your grievance has not been upheld, without reasons, is not an adequate response. The ACAS Code expects reasons to be given, and a failure to provide them is a departure from the expected standard.

Step 7 — Appeal

If you disagree with the outcome of your grievance, you have the right to appeal. The appeal must be handled by someone who was not involved in the original grievance process — this is a requirement of both the ACAS Code and most employers' own procedures.

An appeal should be a genuine reconsideration of the matter — not simply a review of whether the paperwork was completed correctly, and not a repeat of the original decision by the same people.

You can read more about how to use the appeal stage effectively in our guide to
How to Appeal a Disciplinary or Grievance Outcome (Scotland)

Raising a Grievance Alongside a Disciplinary Process

One situation that many employees find particularly confusing is raising a grievance while a disciplinary process is already underway — or finding that a disciplinary process begins after you have raised a grievance.

These processes can run alongside each other, and doing so is legitimate. If you are in a disciplinary process and you have concerns about the way it is being conducted — the investigation was unfair, the allegations have changed, the same person is investigating and deciding the outcome — you can raise a formal grievance about the conduct of the disciplinary process while it continues.

The timing and framing of a grievance raised in this context matters. Independent advice before you put anything in writing is worth seeking.

You can read more about the overlap between disciplinary and grievance processes in our guide to
Facing a Disciplinary Hearing? Here's What to Expect

When a Grievance Is Connected to Discrimination or Protected Rights

If your grievance is connected to a protected characteristic — your age, disability, sex, race, religion, pregnancy, or another characteristic protected under the Equality Act 2010 — additional considerations apply.

Discrimination claims have the same three-month time limit as unfair dismissal claims, running from the date of the act complained of. Raising a formal grievance does not automatically extend this time limit, though it does trigger the ACAS early conciliation process if matters proceed further.

If the treatment you experienced amounts to unlawful discrimination or harassment as defined by the Equality Act 2010, your grievance should say so clearly — identifying the protected characteristic and explaining how the treatment is connected to it.

Similarly, if you are raising a concern about a matter that amounts to a protected disclosure — a breach of law, a health and safety issue, or another qualifying concern — you may have additional protection against detriment under the Employment Rights Act 1996. Seek independent advice before raising a grievance that involves these elements.

What Happens if Your Grievance Is Not Handled Fairly

Not every grievance is handled properly. Understanding what a fair process looks like makes it easier to identify when something has gone wrong.

Signs that a grievance is not being handled fairly include:

no acknowledgement received after raising the grievance
unreasonable delay in arranging the grievance meeting
being denied the right to be accompanied
an investigation that fails to speak to the witnesses you identified
a written outcome that gives no reasons for the decision
the same person investigating your grievance who is the subject of your complaint
the outcome arriving without any right of appeal being offered
retaliation or worsened treatment after the grievance is raised

If your employer is not following their own grievance procedure — or the ACAS Code — raise that departure in writing. Doing so at the time carries significantly more weight than raising it only after the fact.

Start Your Record Immediately

Whether you are still preparing to raise a grievance or already part way through the process, a contemporaneous written record is one of your most important tools.

A contemporaneous timeline is a running log of events made at the time they happen. It is far more credible than a reconstruction written weeks later, and it can be central to any grievance outcome, appeal, or employment tribunal claim that follows.

For each relevant event, note:

the date, time, and location
what happened or what was said, as accurately as possible
who was involved or present
how it affected you
any action you took and any response you received

Alongside your notes, keep copies of:

the grievance letter you submitted and the date it was sent
all acknowledgements and correspondence from your employer
any documents relevant to the concerns you have raised
your employer's grievance policy
your employment contract
notes of what was said at any grievance meeting, made as soon as possible afterwards

Keep everything on a personal device and a personal email account, not on work equipment or systems.

What to Do Right Now

If you are thinking about raising a grievance or are already in the process, the following steps matter most.

Obtain your employer's grievance policy. Request it in writing if you do not already have it. Read it carefully and compare what it says to what has actually happened in your case. If your employer has not followed it, that is relevant.

Prepare your grievance letter carefully. A clear, specific, factual letter is more effective than a general expression of unhappiness. Each concern should be clearly identified, with supporting detail.

Do not raise your grievance on a work device or work email. Use personal equipment and a personal email account. Keep copies of everything you send and receive.

Seek independent advice before sending the grievance. The content and timing of a grievance can significantly affect its effectiveness — and its relevance to any subsequent claim. Getting advice before you submit it is almost always better than getting advice after.

Support Is Available

Raising a grievance — particularly where the concerns involve ongoing conflict, bullying, or unfair treatment — can feel isolating and emotionally exhausting. Many employees across Scotland, including those in Glasgow, Edinburgh, and surrounding areas, go through this process without fully understanding what their employer is required to do or how to use the procedure effectively.

Understanding how the grievance process works, and taking the right steps at the right time, can make a significant difference to the outcome.

How Ark Advocacy Can Help

Ark Advocacy supports employees at every stage of the grievance process — from deciding whether to raise a formal concern, to preparing the grievance letter, to attending the meeting and challenging an outcome that is not fair.

We can help you:

assess whether now is the right time to raise a formal grievance and how to frame it effectively
review your employer's grievance procedure to identify what they are required to do at each stage
prepare a clear and well-evidenced grievance letter
identify any departures from the ACAS Code or your employer's own procedure that should be raised
prepare for the grievance meeting — what to say, what to ask, and what to put on the record
challenge an outcome that fails to address the concerns you raised or gives no adequate reasons
prepare a grievance appeal if the original outcome is not upheld
assess whether the issues raised in your grievance are relevant to a broader employment tribunal claim

You do not need to navigate this alone. If something feels wrong at work, raising it in the right way and at the right time makes a genuine difference.

Get in touch with Ark Advocacy Scotland to find out how we can help.

FAQ

Do I have to raise a grievance in writing?

Most employers require grievances to be raised in writing, and it is strongly advisable to do so regardless of what your employer requires. A written grievance creates a clear record of what you raised and when. A verbal complaint that is not acknowledged or recorded leaves you with nothing to refer back to.

Should I try to resolve the concern informally first?

In some situations yes — where the concern is relatively minor and a conversation with your manager is likely to resolve it. But where the concern is serious, where you have already tried informally, where the concern involves your manager, or where you need to create a formal record, going straight to a formal grievance is appropriate.

Can I raise a grievance while a disciplinary process is happening to me?

Yes. A grievance and a disciplinary process can run alongside each other. If the conduct of the disciplinary process is itself unfair — for example, the investigation was one-sided or you were denied accompaniment — raising a formal grievance about how the process has been handled is a legitimate and often important step. The timing and content of such a grievance matters, and independent advice before raising it is worth seeking.

Who should conduct the grievance investigation?

The investigation should be conducted by someone who is impartial and has no prior involvement in the matter. If the subject of your grievance is also involved in investigating it, that is a procedural failure. Similarly, the person who conducts the original grievance process should not also hear any appeal.

What if my employer doesn't follow their own grievance procedure?

This is relevant to whether the grievance was handled fairly — both for any internal appeal and for any subsequent employment tribunal claim. If your employer departs from their own stated procedure, raise that departure in writing at the time. A concern noted during the process carries more weight than one raised only after an unfavourable outcome.

Can raising a grievance affect my job?

Employees are protected from victimisation for raising a genuine grievance. Treating an employee unfavourably because they raised a concern — through adverse changes to their role, increased scrutiny, or worsened treatment — may itself be unlawful. If you experience worsened treatment after raising a grievance, document it immediately and seek independent advice.

What if my grievance is rejected without proper reasons?

A written outcome that simply says your grievance has not been upheld, without setting out the reasons for each decision, is not an adequate response under the ACAS Code. You are entitled to reasons. If they are not provided, raise that in writing and appeal the outcome on that basis among others.

How long does the grievance process take?

There is no fixed timeframe in the ACAS Code, but the Code requires that grievances are handled without unnecessary delay. Your employer's own procedure may specify timescales for acknowledging the grievance, arranging the meeting, and issuing the outcome. If those timescales are not being met, put a written request for an update and a timeline to HR.

Disclaimer: This article provides general information and is not legal advice. Employment situations are fact-specific, and strict time limits can apply.

About the Author

Ark Advocacy provides structured workplace support for employees across Scotland facing investigations, disciplinaries, grievances, and dismissal processes.

All articles are written and reviewed using recognised UK workplace procedure standards, including ACAS Code of Practice guidance where applicable.

How the Grievance Procedure Works in Scotland (2026)