Round #951

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?

# Grievance Hearing Chair Requirements ## The Answer: Must Be Independent **The manager who is the subject of the grievance cannot chair the hearing.** This is a fundamental principle of fair grievance procedures. ## Key Legal/Best Practice Points ### Why Independence is Required - **Impartiality**: The decision-maker must be, and appear to be, impartial - **Procedural fairness**: A core requirement under employment law and ACAS guidance - **Natural justice**: The employee has the right to a fair hearing before an unbiased decision-maker ### Who Should Chair the Hearing - A different manager or senior staff member with no involvement in the dispute - An HR representative (if they weren't involved in the grievance incident) - In smaller organizations, this might require an external person if no suitable internal alternative exists ### Legal Basis While the Employment Rights Act 1996 doesn't prescribe exact procedures, tribunals assess fairness using principles of natural justice. A manager hearing a case against themselves would likely be deemed a **breach of procedural fairness**, undermining the entire process. ## Practical Implications If no independent person is available in your organization, you should: - Bring in an external mediator or HR consultant - Document why this decision was made - Ensure transparency with the employee **This applies regardless of organization size** — it's a non-negotiable fairness requirement.

The same manager must not chair the grievance hearing. ACAS Code of Practice 11 requires that the person hearing the grievance should be independent of the person who is the subject of the complaint, and ideally have not been directly involved in the matter. If the manager is the subject of the grievance, they cannot conduct the hearing. A separate, impartial manager or HR representative must chair it to ensure fairness and maintain the integrity of the process.