Effective Employee Relations

Employee relations (ER) is the cornerstone of a productive, fair, and legally compliant workplace. A robust ER strategy ensures that grievances are handled consistently, disciplinary processes are transparent, investigations are thorough, and performance and absence issues are managed fairly. This foundation not only safeguards against tribunal risks but also builds trust, reduces conflict, and improves workplace morale.

Different sectors, particularly unionised and public-sector environments, face additional layers of complexity – ranging from collective bargaining obligations to public accountability standards. Employers must ensure their policies and procedures are adaptable, fair, and clearly communicated.

Kingfisher Professional Services is a trusted partner for businesses across industries. We provide complete ER toolkits; playbooks, scripts, templates, and targeted training to help organisations apply best practice in every case, while ensuring compliance with ACAS guidance and employment law.

Legal & ACAS Framework

ACAS Code of Practice & Tribunal Impact

The ACAS Code of Practice is not legally binding, but it is a critical benchmark in tribunal cases. Failure to follow it can lead to a tribunal increasing awards against an employer by up to 25%, or reducing them by the same percentage where an employee has failed to comply.

The Code sets out key principles: fairness, consistency, transparency, and timeliness. Adhering to these standards strengthens an employer’s defence, improves employee confidence in procedures, and minimises disputes escalating unnecessarily.

Statutory Rights & Accompaniment

Under Section 10 of the Employment Relations Act 1999, employees have the legal right to be accompanied at grievance and disciplinary hearings by a trade union representative or a colleague. Denying this right can lead to legal claims and erode trust.

Employers should clearly state this right in all relevant policies and ensure managers understand their obligations. Proper record-keeping of accompaniment requests and outcomes is essential for compliance and transparency.

Designing a Grievance Procedure

Core Elements of a Fair Grievance Process

Employers must have a written grievance procedure that is easily accessible to all employees and presented in plain, easy-to-understand language. This document should make it clear:

• Who to contact to raise a grievance and how to reach them
• How hearings are conducted, including the format, order of proceedings, and how evidence will be handled
• The appeal routes, decision-makers, and timescales at each stage
• The employee’s rights to accompaniment, and how to arrange this
• How overlapping issues (such as grievances raised during a disciplinary process) will be handled to ensure fairness and transparency

Encouraging informal resolution before starting formal proceedings can often preserve relationships, reduce tension, and resolve issues more quickly, while still leaving the formal route available if needed.

Step-by-Step Playbook

A best-practice grievance process typically involves:

1. Informal resolution: Encourage employees to raise concerns directly with their manager or a trusted HR contact, aiming for a swift, amicable resolution.
2. Formal submission: The employee submits a written grievance, clearly outlining their concerns and any supporting evidence.
3. Investigation: An impartial investigator gathers evidence, interviews witnesses, and reviews relevant documentation, keeping records of each step.
4. Grievance meeting: The employee is invited to present their case in a structured meeting, with the right to be accompanied.
5. Decision: The employer issues a written outcome, detailing the findings, rationale, and any next steps.
6. Appeal: A clear, fair process allows the employee to appeal to an independent decision-maker not involved in the original case.

Employers should set realistic yet firm timescales, use standardised communication templates, and consider mediation at any stage to encourage constructive resolution.

Conducting Disciplinary Processes

Investigation & Hearing

A fair disciplinary process begins with an impartial investigation. This includes reviewing documents, interviewing relevant parties, and compiling evidence without prejudice. The employee should receive written notification of the allegations, evidence, and potential consequences in advance of the hearing.

Hearing, Decision & Appeals

The hearing must be conducted impartially, with the employee given the opportunity to respond fully. They must be reminded of their right to be accompanied. Once a decision is reached, it should be communicated clearly in writing, outlining the rationale and any sanctions. An appeals process should be available, handled by an impartial party not involved in the original decision.

Managing Overlaps & Complex Cases

When a grievance is raised during a disciplinary process, employers must make a considered decision on how to proceed; whether to pause the disciplinary process entirely, run both matters separately, or combine them if the circumstances allow. This decision should always be guided by fairness, the seriousness and complexity of the allegations, and appropriate legal advice. It is vital to weigh how each option may impact the individuals involved, the integrity of the investigation, and overall workplace relations. Documenting the rationale for the chosen approach, including why alternative options were not taken, provides a defensible record should the matter later be challenged.

Performance & Absence Case Management

Performance and absence management demands structured, consistent procedures underpinned by clear timelines and thorough documentation. This includes capability assessments that explore whether poor performance stems from a lack of skill, knowledge, or support; performance improvement plans with defined objectives and review dates; and absence review meetings to identify causes and agree on next steps. All of these should be closely aligned with ACAS guidance and relevant legal requirements. By using consistent templates, scripts, and record-keeping methods, employers ensure that employees are treated equitably and that decisions are transparent and well‑supported by evidence.

Consultation, Mediation & Union Engagement

Employers have a statutory and, in some sectors, contractual duty to consult with employees, and where applicable, trade unions, especially when proposing changes to terms and conditions or during collective redundancy processes. Meaningful consultation requires sharing relevant information in a timely manner, allowing feedback, and genuinely considering alternative proposals. Mediation can be a powerful tool for resolving disputes at an early stage, avoiding escalation to formal procedures. Employers should be familiar with ACAS mediation services and also establish clear internal processes for initiating mediation, appointing impartial mediators, and documenting outcomes to support ongoing workplace harmony.

Practical Tools & Templates

Effective ER management is supported by well-designed tools, such as:

• Customisable grievance and disciplinary letter templates
• Manager scripts for hearings
• Investigation checklists
• Meeting agendas and outcome reports
• Record-keeping trackers for case management

These resources save time, ensure consistency, and reduce the risk of procedural errors.

How Kingfisher Can Help

Kingfisher Professional Services provides bespoke ER frameworks tailored to your sector and organisational culture. Our services include:

• Drafting and reviewing grievance and disciplinary procedures
• Supplying full libraries of templates, scripts, and checklists
• Delivering training workshops for managers and HR teams
• Providing ongoing case support and tribunal preparation assistance

We help employers reduce risk, improve workplace culture, and handle ER matters with confidence.

Conclusion

A consistent, fair, and legally compliant approach to employee relations is not just a procedural necessity; it is the foundation for a high‑trust, high‑performance culture. When organisations handle ER matters with transparency, empathy, and rigour, they not only reduce conflict and legal exposure but also strengthen morale, engagement, and long‑term organisational resilience. Aligning policies with ACAS guidance, statutory rights, and proven best practice ensures disputes are prevented where possible, resolved swiftly when they arise, and handled in a way that maintains professional relationships and reinforces workplace integrity.

Kingfisher offers more than just compliance support; we provide the insight, tools, and training that enable managers and HR teams to act decisively and fairly in even the most challenging cases. Whether you are seeking a complete, future‑proof ER framework, expert facilitation in complex cases, or targeted advice on individual matters, we are here to help you protect your people, your processes, and your reputation.