What Does a Partially Upheld Grievance Mean for Employers and Employees?

When workplace issues escalate, it’s common for employees to raise formal grievances with their employer. But what happens if, after a thorough investigation, only some aspects of the grievance are accepted - but others aren’t? This scenario is known as a “partially upheld grievance.” If you’re an employer or employee navigating this outcome, it’s normal to feel a bit confused about what it means in practice, what comes next, and how you’re legally affected.

Understanding what a partially upheld grievance really means can help you prevent disputes, manage expectations, and maintain a positive workplace. In this guide, we break down this sometimes-tricky outcome: we’ll cover what “partially upheld” is in plain English, the typical process, legal implications for employers and employees, and how to protect your business or job when a grievance sits somewhere in the middle.

What Is a Grievance - And Why Are Outcomes Sometimes “Partially Upheld”?

Let’s start simple: a grievance is a formal complaint made by an employee, usually about things like bullying, harassment, unfair treatment, contractual disputes, or health and safety concerns. Every employer in the UK is expected to have a clear process for handling grievances, often detailed in an Employee Handbook or staff manual.

Once a grievance is raised, the employer investigates - speaking to both the complainant and others involved, checking evidence, and following their grievance procedure (which is often based on the ACAS Code of Practice).

At the end, the employer must decide if the grievance is:

• Upheld: The complaint is fully accepted - evidence supports the employee’s claims.
• Not Upheld: The complaint is rejected - there’s not enough proof of wrongdoing.
• Partially Upheld: Some, but not all, of the issues raised are proven or justified.

This “partially upheld” result is more common than you might think. It often happens where a grievance has several parts - for example, an employee claims both unfair workload and bullying, but only the workload part is supported by the evidence.

What Does “Partially Upheld Grievance” Actually Mean?

When a grievance is “partially upheld,” it means that the investigation found some of the employee’s concerns valid, but others were either unsubstantiated or outside the scope of the grievance process.

Put simply, the employer is accepting responsibility for certain issues, but not for everything the employee alleged. Here’s what that might look like in practice:

• The employer agrees the employee’s workload was unrealistic, but finds no evidence of harassment by a manager.
• Procedural errors did occur in performance management, but not to the extent claimed.
• Minor breaches of company policy happened, but there’s no broader pattern of discrimination.

A partially upheld grievance is, therefore, a mixed outcome. It’s not a total win or loss for either side. It can feel unsatisfying, but it’s actually a sign the process was fair and evidence-based.

How Is a Partially Upheld Grievance Communicated?

After the investigation, the employer must deliver a clear, written decision to the employee. For a partially upheld grievance, this decision letter usually:

• Lists each concern raised by the employee.
• States which aspects were upheld (with brief reasons/evidence).
• Explains which were not upheld, with reasons (e.g. lack of evidence, outside remit).
• Details any remedies or actions the employer will take in relation to upheld points (such as process changes, further training, or an apology).
• Offers next steps - usually the right to appeal the decision, as required by UK best practice and employment law.

For both employer and employee, this clarity is crucial. It shows transparency, makes expectations clear, and provides the basis for moving forward whether or not an appeal is made.

Why Are Grievances Only Partially Upheld?

There are many reasons why the outcome of a grievance may fall between upheld and not upheld:

• Multiple issues raised: Grievances often contain different types of complaints. Some are proven, others aren’t.
• Evidence varies: The employer may have clear corroboration for part of the grievance, but not for all elements.
• Policy or process gaps: There may be procedural missteps, but not the more serious misconduct alleged.
• Cultural concerns: Sometimes grievances highlight broader workplace culture problems that, while not amounting to legal breaches, still require action.

Ultimately, a partial uphold signals that the workplace is willing to acknowledge and fix what’s proven, while resisting unsubstantiated or exaggerated claims.

What Should Employers Do If a Grievance Is Partially Upheld?

If you’re an employer and the outcome is “partially upheld,” it’s important to handle the next steps carefully to maintain staff trust and remain compliant with UK employment law.

1. Implement the Remedy - Promptly

Take swift, concrete action on the upheld issues - whether that’s process updates, targeted training, or correcting procedural faults. Record what’s been done.

2. Document Everything

Keep robust records of the investigation, decision-making process, final outcome letter, and any actions taken. Good documentation will help you if there’s an employment tribunal or legal challenge later.

3. Communicate Transparently

Make sure the employee understands exactly which parts were upheld and what you’ll do about them. This reduces frustration and the sense of being ignored.

4. Review Policies

If the grievance has exposed any gaps or weaknesses in your normal processes (like disciplinary procedures, flexible working, or absence management), use it as a prompt to review and potentially improve your workplace policies.

5. Prepare for Appeal

Most grievance policies (and the ACAS Code) require that you offer an appeal process after your decision. Be ready to manage this fairly and objectively.

What Does a Partially Upheld Grievance Mean for Employees?

If you’re the employee who raised the grievance, a partial uphold can feel like a hollow victory - or at least, a mixed bag.

The main things to understand are:

• The employer is acknowledging wrongdoing on certain points and (usually) offering some sort of fix.
• However, other issues may not have been substantiated, so they may not be addressed.
• You can step back and consider: are the remedies sufficient? Do you feel satisfied, or is an appeal the right next step?

If the partially upheld findings relate to a serious legal matter (like discrimination, harassment, or ongoing health and safety risks), you may wish to seek advice or consider further action, especially if the employer’s remedy seems inadequate.

Otherwise, accepting the partially upheld outcome can be a constructive way to move forward, knowing at least some positive change will be made.

Appealing a Partially Upheld Grievance Decision

Both employees and employers should know that appeal rights apply, even when a grievance is only partially upheld. The ACAS Code recommends giving clear instructions in the grievance outcome letter about how to appeal.

Appeals could relate to:

• Parts of the grievance the employee still feels were not addressed or taken seriously enough.
• Concerns that procedure wasn’t followed correctly.
• Updates, such as new evidence coming to light.

Employers should have a process for appointing someone not involved in the initial decision to hear the appeal. This helps keep things objective and fair.

Legal Considerations and Risks of Partially Upheld Grievances

Why does getting this right matter? There are some clear legal and HR risks if a partially upheld grievance isn’t managed properly:

• Unresolved issues can escalate into bigger disputes, including discrimination or unfair dismissal claims at tribunal.
• Poor communication or lack of remedies for upheld complaints can lead to further grievances, resignations, or even claims for constructive unfair dismissal.
• Failure to follow fair process (as set out by ACAS or your internal policy) may mean you’ve breached the implied duty of trust and confidence owed to employees. This is a cornerstone of UK employment law.
• Inadequate record-keeping may make it hard to defend your position later, especially if challenged by the employee.

By contrast, a fair, transparent, and timely response will minimise long-term risk and show both existing and future staff that you take concerns seriously.

How Can Employers Prevent Partially Upheld Grievances?

While you can’t always avoid workplace complaints, strong foundations reduce the likelihood of issues escalating or being only partially proven. Here are some proactive approaches:

• Have clear, up-to-date policies (including robust grievance and disciplinary procedures).
• Train managers regularly on how to deal with grievances, evidence, and fair investigations.
• Address “small” issues early - don’t let minor complaints fester into bigger cultural problems.
• Communicate openly with staff about expectations, roles and how complaints should be made and handled.

If you need help drafting or reviewing your processes, consider expert review of your staff handbook or company policies to keep everything watertight and up-to-date.

When Should I Seek Legal Advice?

There are times when professional input is essential, including:

• The grievance involves claims of discrimination, harassment or whistleblowing (protected disclosures).
• The employee is threatening legal action, or you’re considering dismissal as a result of the grievance findings.
• A complex appeal is lodged, or the employee is using external representation.
• Any uncertainty about your process compliance, especially if you’re concerned about evidence or documentation.

Remember, getting tailored advice early can help you avoid tribunal claims, reputational damage, and unnecessary disruption to your business. We’re here to help if you’d like confidential support on handling grievances or reviewing your processes.

Key Takeaways

• “Partially upheld” grievances mean some issues raised were accepted while others were dismissed - this is a common and legitimate outcome.
• Employers must clearly communicate which concerns are upheld, explain remedies, and invite appeals as per legal best practice.
• For employees, a partially upheld grievance may bring some resolution, but you retain the right to appeal if needed.
• A fair process (investigation, documentation, remedy) is essential to avoid risk of future legal claims or reputational damage.
• Clear workplace policies, regular training and prompt, transparent action prevent grievances from escalating - and keep your business compliant.
• Seek tailored legal advice if your situation involves risks like discrimination, dismissal, or possible tribunal claims.

If you have specific questions about employee grievances or want to review your workplace policies, our team of friendly legal experts can help. You can reach us at 08081347754 or team@sprintlaw.co.uk for a free, no-obligations chat.