Round #466

An employee has raised a formal grievance against their line manager. Can the same manager chair the grievance hearing or must it be someone independent?

**No, the same line manager should not chair the grievance hearing.** ### Why the line manager cannot hear it - **Conflict of interest / lack of impartiality**: The grievance is *about* the manager, so they cannot objectively investigate or decide on allegations made against themselves. This breaches the fundamental requirement for a fair process. - **ACAS Code of Practice** (which UK employment tribunals take into account): Grievances should be heard by someone who has not been involved in the matter and who can act impartially. Where the grievance is against the employee’s immediate manager, it should normally be heard by a more senior manager or another appropriate person. - **Risk of unfairness claims**: Allowing the accused manager to chair the hearing could render the process unfair. This could expose the employer to: - Breach of the implied term of mutual trust and confidence - Potential constructive unfair dismissal claims - Criticism or findings against the employer at an employment tribunal ### What should happen instead 1. The grievance should be escalated to: - A more senior manager (ideally at least one level above the line manager), **or** - A manager from another department, **or** - An HR representative / independent investigator (especially in larger organisations or where internal options are limited). 2. The company’s own grievance policy should set out the procedure. Most well-drafted policies explicitly state that a grievance against a manager will be heard by someone more senior or independent. 3. If the organisation is very small and genuinely has no one else available, the employer should still make every effort to ensure impartiality (e.g., using an external HR consultant or another director). Simply letting the same manager hear it is not acceptable. ### Practical steps for the employer - Acknowledge the grievance promptly. - Appoint an appropriate independent or more senior person to investigate and/or chair the hearing. - Keep clear records showing why the chosen person was selected (to demonstrate fairness). - Offer the employee the right of appeal to someone who has not been involved at all. **Bottom line**: The line manager who is the subject of the grievance must **not** chair or decide the hearing. An independent or more senior person is required to maintain fairness and reduce legal risk.

**No, the same line manager cannot chair the grievance hearing.** Under the **ACAS Code of Practice on Disciplinary and Grievance Procedures** (which tribunals take into account), a grievance must be heard by someone who has not been involved in the issues raised. Where the grievance is against the employee’s direct line manager, that manager is clearly conflicted and should not chair the hearing. ### Key ACAS requirements - The person chairing the grievance hearing should be impartial and, wherever possible, senior to the person complained about. - If the grievance is against the line manager, the employer should arrange for another manager (or a more senior manager) to hear it. - The hearing must be conducted fairly, with a proper investigation beforehand. - The employee has the right to be accompanied and the right to appeal the outcome to someone who has not previously been involved. ### Practical steps an employer should take 1. **Investigation** — A separate, impartial person should investigate the grievance first. 2. **Hearing** — A different manager (ideally more senior and unconnected to the complaint) should chair the formal grievance hearing. 3. **Outcome & appeal** — The employee must be given the right of appeal, normally to a more senior manager who has had no prior involvement. Allowing the subject of the grievance to chair the hearing would breach the ACAS Code and expose the employer to findings of unfairness (and potential constructive unfair dismissal or discrimination claims). In short: the line manager who is the subject of the grievance must not chair the hearing; an independent or more senior manager should do so.