Round #476

An employee raised a grievance and then resigned before the hearing date. Do we still have to investigate and what are the risks if we do not?

**No, you are not legally required to investigate or hold a grievance hearing once the employee has resigned.** Once employment has ended, the ACAS Code of Practice on Disciplinary and Grievance Procedures no longer applies in the same way. There is no statutory duty to complete a grievance process for a former employee. ### Risks of Not Investigating While not mandatory, **not investigating carries some risks**: | Risk | Likelihood | Potential Consequence | How Serious? | |------|------------|-----------------------|--------------| | **Constructive unfair dismissal claim** | Medium | Employee argues they resigned because of the unresolved grievance (e.g. bullying, discrimination, breach of trust) | High if the grievance was serious | | **Discrimination / harassment claim** | Medium-High | Failure to investigate can be used as evidence of ongoing discrimination or victimisation | High | | **Whistleblowing detriment claim** | Low-Medium | If the grievance contained protected disclosures | High | | **Reputational / cultural damage** | Medium | Remaining staff may see it as the company ignoring complaints | Medium | | **Evidence issues in tribunal** | Medium | Tribunal may draw adverse inferences if you made no attempt to look into serious allegations | Medium | ### When You Should Still Investigate You should usually proceed (at least to some degree) in these situations: - The grievance contains **serious allegations** (discrimination, harassment, bullying, health & safety, or whistleblowing). - The employee resigned **very recently** (within days/weeks) and the issues were ongoing. - There is a **risk of a constructive dismissal or discrimination claim**. - Similar issues have been raised by other employees (pattern of behaviour). ### Recommended Approach Most employers take one of these routes: 1. **Light-touch review** (most common) - Review the grievance and any evidence already provided. - Speak to relevant managers/witnesses. - Write to the ex-employee with the outcome (even if brief). - This shows you took the complaint seriously without a full hearing. 2. **Full grievance meeting** - Invite the ex-employee to a grievance meeting (they can decline). - Many still attend if they want their concerns on record. 3. **No further action** - Only appropriate for minor issues or where the employee has been gone for some time and the allegations are low-level. ### Practical Tip Even if you decide not to hold a formal hearing, it is usually sensible to: - Acknowledge the grievance in writing. - State that because the employee has resigned you will conduct a proportionate review. - Confirm the outcome in writing. This approach significantly reduces the risk of a tribunal later criticising you for ignoring the complaint. **Would you like me to outline a short process and suggested wording for the letter to the ex-employee?**

**No, you are not legally required to hold a formal grievance hearing or complete a full investigation once the employee has resigned.** ### ACAS Code of Practice Position The ACAS Code of Practice on Disciplinary and Grievance Procedures applies to grievances raised by current employees. Once employment has ended, the Code no longer imposes a duty to follow the full grievance procedure (including arranging a hearing). ACAS guidance explicitly recognises that it may not be practicable or necessary to continue the process after resignation. ### Practical Approach Most Employers Take - Acknowledge the resignation and confirm that the grievance process will not proceed because employment has terminated. - Decide whether to carry out any investigation on a voluntary basis (see risks below). - Keep a short written record of the decision and the reasons. ### Risks of Not Investigating The main risks are evidential rather than a direct breach of the Code: 1. **Constructive unfair dismissal claim** If the employee claims they were forced to resign because of the matters raised in the grievance (and the employer’s alleged failure to address them), a tribunal will look at whether the employer acted reasonably. A complete refusal to investigate can be used as evidence that the employer breached the implied term of mutual trust and confidence. This is the most common risk. 2. **Compensation uplift** Even if the claim is brought after resignation, a tribunal can increase any compensatory award by up to 25% if it finds the employer unreasonably failed to follow the ACAS Code. This applies to unfair dismissal and certain discrimination claims. 3. **Discrimination or whistleblowing claims** If the grievance alleged discrimination, harassment or a protected disclosure, the employer may still face liability regardless of resignation. Failure to investigate can strengthen the employee’s case on liability or on the amount of compensation (injury to feelings, aggravated damages, etc.). 4. **Reputational and future litigation risk** Uninvestigated serious allegations can surface later in references, social media, or new claims from other employees. ### Recommended Balanced Approach - **Minimum**: Write to the former employee confirming the grievance will not be heard because employment has ended, but invite them to provide any further written information they wish to be noted on file. - **Better practice (low-cost risk mitigation)**: Conduct a proportionate, desk-based review of the grievance and any readily available evidence. Record the outcome and any actions taken. This is often enough to demonstrate reasonableness without the full hearing process. - Only proceed to a full hearing if the allegations are very serious (e.g., safeguarding, criminal conduct, or widespread cultural issues) and there is a clear business reason to do so. In short, you are not obliged to investigate after resignation, but doing nothing at all carries a measurable risk in any subsequent tribunal claim. A short, documented review is usually the pragmatic middle ground.