Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
Running a charity means wearing a lot of hats, and one of the trickiest is being an employer. When a staff member raises a concern, or when performance or conduct falls short, the way you handle it matters enormously, not just for the individuals involved, but for the reputation of the charity itself.
Grievance and disciplinary procedures are the rails that keep these difficult conversations on track. Done well, they protect employees, trustees and the organisation. Done badly, they lead to tribunal claims, reputational damage and a loss of trust among the people who keep the charity running.
This page walks through what charity trustees and managers in England and Wales should keep in mind when putting those procedures together, where the law sits, and the practical steps that tend to make the biggest difference in practice.
Overview
A grievance procedure is the route an employee uses to raise a concern formally, typically about how they have been treated, their working conditions, or the behaviour of a colleague or manager. A disciplinary procedure is the mirror image: it is the process the employer follows when concerns are raised about an employee's conduct or performance.
For charities, both procedures sit within the same framework of employment law that applies to any other employer in England and Wales, but with added considerations around public trust, volunteer involvement, and the scrutiny of regulators such as the Charity Commission. The Acas Code of Practice on Disciplinary and Grievance Procedures is the reference point tribunals look to when deciding whether an employer acted reasonably.
Charities that follow it closely, and document what they do, are in a far stronger position if a dispute escalates. Written policies should be accessible, consistently applied, and reviewed regularly so they reflect current law and the way the organisation actually operates.
Key steps
Put clear written policies in place. Draft separate grievance and disciplinary policies in plain English, covering how concerns are raised, who investigates, expected timeframes, and the right of appeal. Make sure trustees have approved them and that every employee receives a copy when they start, with refreshers when anything changes. 2. Train the people who will run the process. Managers and trustees handling grievances or disciplinaries need to know what fairness looks like in practice. That means understanding how to investigate without pre-judging, how to run a hearing, how to take proper notes, and when to pause and take further guidance before deciding anything serious. 3. Investigate properly before any hearing. A rushed or superficial investigation is one of the most common reasons charities end up on the wrong end of a tribunal claim. Gather the evidence, speak to witnesses, give the employee a genuine chance to respond, and keep the investigator separate from whoever will make the final decision where possible. 4. Hold a fair hearing and communicate the outcome in writing. The employee should know the allegations or issues in advance, be allowed to bring a companion, and be given the chance to put their side of the story. Afterwards, confirm the decision in writing, explain the reasoning, and set out how to appeal within a reasonable timeframe. 5. Offer a meaningful right of appeal. An appeal should be heard, wherever possible, by someone who was not involved in the original decision. Treat it as a genuine review rather than a rubber stamp. Keep full records of every stage, these become vital if the matter is later challenged externally.
Yes. The Acas Code of Practice on Disciplinary and Grievance Procedures applies to charities in the same way it applies to any other employer in Great Britain. Employment tribunals take it into account when deciding whether a dismissal or the handling of a grievance was reasonable, and they can adjust compensation by up to 25% where either party has unreasonably failed to follow it.
Q Do grievance and disciplinary procedures cover volunteers?
Volunteers are not employees, so strict employment law protections generally do not apply to them. However, many charities choose to have a separate, lighter-touch process for volunteer concerns and conduct issues. This helps maintain fairness and consistency, and reflects the reality that volunteers are central to how most charities operate day to day.
Q Can an employee bring someone to a hearing?
Under the Employment Relations Act 1999, workers have a statutory right to be accompanied at formal grievance and disciplinary hearings by a colleague or a trade union representative. Charities should build this right into their written procedures and make it clear to employees well in advance of any hearing being held.
Q What happens if we get the procedure wrong?
Getting the process wrong can expose the charity to unfair dismissal claims, discrimination claims, and increased compensation awards. Beyond the legal risk, poor handling damages staff morale and can attract unwanted attention from donors, funders and regulators. This is why documenting each step and following your own written policy matters so much.
Q How long should we keep records of grievance and disciplinary matters?
Records should be kept long enough to defend any potential claim, but no longer than necessary under data protection law. Most charities retain records for around six years, reflecting the usual limitation periods for civil claims. The retention period should be set out in your data protection policy and reviewed periodically.
Q Should trustees be involved in disciplinary decisions?
For most day-to-day matters, disciplinary decisions are handled by managers rather than trustees. Trustees often become involved at the appeal stage, or where the person concerned is the chief executive or a senior leader. Keeping trustees at arm's length from first-instance decisions preserves the independence needed to hear appeals fairly.
Q Does the Equality Act affect how we run these procedures?
Yes. Procedures must be applied without discrimination on any protected characteristic, and reasonable adjustments may be required, for example, where an employee has a disability that affects how they engage with the process. Treating everyone consistently and documenting the reasoning behind decisions helps reduce the risk of discrimination claims arising.
Grievance and disciplinary issues are rarely straightforward, and the right next step often depends on the detail of what has happened. An experienced legal adviser can talk through your specific situation on the phone and help you think through how to approach it sensibly, based on what you describe.
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Written & reviewed by
Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.