Whether you have been in a work-related situation previously or it is your first time, knowing exactly what to expect and what support is available is always beneficial - and it is certainly the case with a grievance hearing.

 A decision taken by any employee to raise a formal grievance at work is usually one that is not taken lightly [1] cited 6.5.25

It will often be a final resort to try and resolve a disruptive or incredibly uncomfortable situation in the workplace, which is making a worker genuinely feel aggrieved.

Working life can certainly have its ups and downs, and a grievance is defined as a concern, problem or complaint at work, that a member of staff opts to raise either informally, in the first instance, or formally with their employer.

There can be many and varying reasons why an employee may find it necessary to raise a grievance e.g. bullying, any form of discrimination, an excessive workload, pay or health and safety concerns.

If a grievance cannot be resolved in any other way and it has to be dealt with formally, an employer should conduct the process in line with the guidance in the ACAS Code of Practice [2] cited 6.5.25

For any employee perhaps the most fundamental, and it can definitely be the most daunting, part of the grievance process, is the grievance hearing.

While it presents the opportunity for an employee to fully explain and evidence the grounds for their complaint, one of the key things most workers want to know is: who can attend a grievance hearing?

Here we take a look at some of the different individuals who may be present, their roles, and the considerations that go into their attendance.

The aggrieved employee

Probably the most important person at the hearing, and centre of attention, will be the employee who has submitted the formal grievance.

They can present the grievance themselves should they opt to do so, and explain why they feel aggrieved and the resolution they are seeking.

The employee must be prepared to answer any questions put to them about any aspect of their grievance.

How the employee takes part in the hearing can vary. It is common for hearings to be held virtually, they can be conducted in person or in exceptional circumstances in writing.

Without the participation, in some manner of the employee raising the grievance, the complaint, cannot be resolved effectively or fairly.

The employee companion

Employment law provides a statutory right for an employee to be accompanied at a grievance hearing by a colleague or trade union representative. [3] cited 6.5.25

The support of a companion at the grievance hearing can be invaluable. They can provide emotional support, help with note-taking, and help the employee feel more confident during what can be a stressful experience.

The companion can also present the employee’s case, sum up points, respond on their behalf and confer with the employee during the hearing. However, the companion cannot answer questions directly put to the employee or disrupt the meeting.

An employee cannot be accompanied by a friend, family member or solicitor unless an employer’s policy allows it.

However, if an employee has a disability they can request to be accompanied by a companion of their choice e.g. a friend or relative, if it helps to remove any disadvantage they face in that situation. It can be considered a reasonable adjustment to the usual process. [4] cited 6.5.25

The best companion any employee can have for a grievance hearing is an experienced trade union representative.

An employee can be accompanied by a trade union representative at a grievance hearing whether or not they are a trade union member or the union is recognised by the employer. We can provide you with the support of one of our skilled trade union representatives for a grievance hearing if you contact our Employee Support Centre.

Grievance hearing chair

This will usually be a manager or senior member of staff selected by the employer to chair the grievance hearing.

Their role will be to hear the grievance and seek any clarification that may be required in relation to any of the points raised or evidence presented during the meeting.

They will also play a crucial role in ensuring the process is fair and conducted in line with company grievance policy.

The manager selected to chair the meeting will also be the decision-maker and reach an outcome that either upholds, partially upholds or rejects the grievance.

The person hearing the grievance should be impartial and not involved or implicated in the grievance being presented to them. Their role is to be fair, listen to both sides and make a balanced judgement.

When a grievance is against senior management or if there are legitimate concerns about impartiality, an employer can opt to appoint an independent third party to hear a grievance hearing e.g. HR consultant or an independent investigator.

It is a step which can be taken to demonstrate a commitment to fairness, retain the employee’s trust in the process and help to avoid subsequent claims of bias or unfair treatment.

An employee can request an independent third-party be appointed to hear their grievance if they believe the internal grievance process lacks impartiality, particularly in cases involving senior management or conflicts of interest.

Whether the request is accepted can depend on the employer’s resources, but any decision to reject the request should be fair and justifiable.

HR Representative

The employer will often arrange for a HR advisor to attend the hearing to ensure it follows the correct company process and meets legal requirements.

The role of HR should be to guide both the employee and employer through the process and ensure it is fair. They can also act as a note-taker for the hearing.

In smaller organisations, which do not have a HR department another manager or employee may attend the hearing and act as the note-taker for the meeting.

Witnesses

While there is nothing that prevents witnesses from attending a grievance hearing, they do not often attend in person.

Although witnesses can provide evidence of events, incidents and behaviour, their evidence will typically be gathered separately.

If there are specific witnesses that the employee believes can provide vital evidence to support any aspect of their grievance, they should give the witness details to the employer during the grievance hearing.

Legal representatives

While an employee cannot have a legal representative accompany them at a grievance hearing, unless it is an agreed reasonable adjustment or allowed under the employer’s policy, an employer may have a legal representative present.

Larger organisations, such as local councils, can often have a legal advisor present at a grievance hearing.

There is no particular law preventing an employer from having a legal representative at a grievance hearing, although it is not common practice for many employers.

Observers

The employee can consent or object to any observer present who is not directly involved in the matter e.g. a HR advisor in training or trainee manager observing to gain experience of the process.

Interpreter

A grievance hearing can be daunting for someone who does not have English as a first language. An employer can sometimes arrange for an interpreter to attend the hearing or allow a friend or family member to act in this capacity as a reasonable adjustment.

Finally

The aim of the grievance hearing should be to aim to resolve a workplace dispute and those in attendance at a hearing have a vital role to play in doing so.

The right people must be present to ensure the grievance case is presented effectively and to make sure the complaint is heard fairly, and all of those present have a distinct responsibility in ensuring this is the case.