X DISTRICT COUNCIL

GRIEVANCE

POLICY AND PROCEDURE

HUMAN RESOURCES

‘Go-Live’ Date: 01/04/2014

OUR POLICY

1.What is this policy about?

Thispolicy is to ensure that employees with a grievance relating totheir employment have a procedure available, which is designedtohelp resolve grievances as quickly andas fairly aspossible.

For the purpose of this procedure a grievance is defined as a concern, problem or complaint, raised by individual employees about their terms or conditions of employment, their work environment or relationships with others at work.

This procedure provides a process whereby such issues can be raised to and addressed by Management.

There are separate procedures which deal with certain situations, which are therefore excluded from this Procedure. These are as follows:

allegations of bullying, harassment or victimisation, for which a separate Harassment and Bullying Policy and Procedure exists

grievances in relation to matters of discipline, for which a separate Disciplinary Procedure exists

grievances in relation to performance concerns, for which a separate Capability Procedure exists

collective grievances, that is where a grievance affects the terms and conditions of employment of a recognisable group of employees. Such collective grievances should be referred through the appropriate trade union(s) for possible consideration as part of collective bargaining processes

grievances relating to job evaluation and associated pay and grading, for which a separate procedure exists.

2.Who does it apply to?

It applies to allx Council Employees, with the exception of JNC Chief Executive/Chief Officers.

Note: It does not apply to former employees of the Council.

3.What Policy Principles apply?

The Council recognises that it is in all parties’ intereststo promptly and properly resolve grievances, as they arise, before they potentially become major problems. The following policy principles will be applied when dealing with any grievances arising:

Grievance matters should be promptly raised and dealt with, without unreasonable delay

Wherever possible and appropriate grievances should aim to be raised and resolved informally/at the earliest stage possible

The policy and procedure will be fairly, equitably and consistently applied

The Council will not discriminate in the way grievances are responded to and dealt with

Where a grievance involves allegations of discrimination it will be taken seriously

Grievances will be treated as confidential and appropriate records will be kept, in accordance with data protection legislation

Employees have the right to be accompanied by a Trade Union Representative or work colleague of their choice at any formal grievance meeting/hearing

Reasonable efforts will be made to arrange grievance meetings at a date and time workable for all parties and all parties should make every effort to attend,

Where necessary and reasonable meetings may be re arranged (to enable attendance of chosen companion/representative and/or where employee cannot attend due to circumstances outside of their control, such as illness)

Employees are allowed a right to appeal against the final outcome of the formal stage grievance

Where it is not reasonably possible for management to respond within the normal specified timescales you will be given a reason for the delay and informed when you can expect a further response (any other extensions to the time limits, as stated at each stage of the procedure, should be by mutual agreement with the management and employee concerned).

New complaints cannot be added to an on-going complaint that is part way through the procedure

The provision to raise grievances should be used respectfully, it should not be abused, misused or used vexatiously(disciplinary action may be taken against any employee found to have done so)

In the event other employees are identified in a written grievance, they will be given relevant details of the complaint, in order that they can respond

Human Resources role throughout this procedure will be to act in a professional advisory capacity, a Human Resources representative may (at the request of management and/or where they consider it appropriate) attend a grievance meeting

Mediation- where the parties to a grievance mutually feel it may be necessary and useful consideration may be given to mediation to try to resolve the matter in hand.

The essence of a grievance is that an employee has a “complaint” and wants that complaint remedied. The procedure should not be used as a vehicle for expressing general dissatisfaction. The Grievance Procedure requires the employee at all stages to set out the grounds of the grievance and also to specify the remedy they are seeking.

Note: The employee’s choice of employee to represent them must be reasonable. It may therefore on exceptional occasions, be necessary for an employee to amend their choice to an alternative employee (e.g. if their initial choice of employee would cause an unreasonable delay in proceeding).

4. What Equality and Diversity consideration apply?

It is unlawful to discriminate in the operation of grievance procedures, for example by victimising an individual through grievance measures because he or she has complained about racial, disability or sex discrimination, harassment or given evidence about such a complaint.

In applying this procedure consideration will be given to the possible effect on an employee’s behaviour of the following:

Discriminatory abuse or other discriminatory provocation.

Communication and comprehension difficulties.

Differences in background or behaviour.

Where the grievance is being raised by a known disabled employee it may benecessary and appropriate to make a reasonable adjustment(s). To assess anysuch need early consultation with Human Resources and the employees should takeplace as to what, if any adjustments may be required so these can be appropriatelyconsidered, agreed and implemented in a timely fashion.

OUR PROCEDURE

INFORMAL

Importantly, the parties involved in the informal grievance procedure need to carefully note and

adhere to the various relevant Policy ‘Principles’ (see POLICY section 3. above).

STEP 1: Informal Discussion

If you have a grievance you should discuss this in the first instance with your Line Manager, to see if the matter can be resolved. In the majority of cases such concerns and problems can be effectively dealt with at this level when first raised.

Although this is an informal meeting, your Line Manager will make a record of the key points/outcomes of the discussion, as this will be important information in the event that the grievance progresses to the next stage. Your line manager will discuss with you a timeframe within which they will provide you with a response, which will normally be within 10 normal working days of the meeting. This may be extended if, for example, further investigations are needed in order that an appropriate response can be provided. A summary of the discussion and outcome will be given to you for your own records.

NOTE: Should your grievance be about your Line Manager and you do not feel able to raise it with them directly then you should normally discuss it with the next level of management (i.e. your Line Manager’s Manager).

FORMAL

Importantly, the parties involved in the formal grievance procedure need to carefully note and

adhere to the various relevant Policy ‘Principles’ (see POLICY section 3. above).

STEP 2: Making a Formal Grievance

If you continue to be aggrieved in respect of your original complaint you may raise a formal written

grievance by completing the ‘Employee Grievance Form’ (see Appendix 1) as fully as possible.

This should be sent to the next level of management (i.e. above whom you raised the informal

grievance with) normally within 10 working days of receipt of your Line Manager’s response under Step 1.

You should also keep a copy of the grievance.

STEP 3: Formal Meeting to Hear the Grievance

The manager with whom the grievance is now raised will arrange to meet with you, normally within 10 working days of receipt of the written grievance.

The purpose of the meeting is to:

ensure you have proper opportunity to explain your grievance

seek an acceptable means of resolving the grievance if possible and appropriate (taking into account Council policies, procedures, rules, legislative requirements –e.g. Health and Safety and the need for consistency, fairness and equality)

If necessary the meeting can be adjourned by the manager for further investigation.

STEP 4: Outcome of the Meeting

Following the above meeting the manager will write to you with their response, normally within 10 working days of the meeting. (This allows time for any consultation and/or investigation that may need to be carried out in order to provide an appropriate response).

The letter will explain what action has been or will be taken, or alternatively that no action can be taken, and the reasons for this. It will also inform you of your right of appeal.

STEP 5: Appeal

If you continue to be aggrieved in respect of your original grievance, you must write to the Chief Executive,x, within 10 working days of receiving the outcome (at step 4, above) giving the reasons why you are not satisfied with the decision taken so far, and specifying what remedy you are seeking. The Chief Executive will then consult with the Head of Human Resources in the making of arrangements for an Appeals Committee to be convened.

The date of the Appeal meeting will be convened as soon as reasonably practicable, providing a minimum of 15 working days’ notice of the date of the meeting (unless a shorter time period is agreed).

Any statements of case, written submissions, correspondence or other papers relevant to the grievance, that either you or the manager who previously considered the grievance intends to rely on at the appeal meeting should be submitted to the Head of Human Resources no later than 10 working days before the Appeal Meeting.

At the Appeal Meeting both parties will be given the opportunity to present their case and to ask questions of the management/employee, and to answer any questions put to them. Once the Appeals Committee is satisfied it is clear about the issues the meeting will be adjourned for the Committee hearing the appeal to consider the issues, take any necessary advice and reach a decision on whether or not to uphold the appeal.

The final outcome of the appeal will be conveyed in writing normally within 5 working days. The appeal is the last possible stage of the grievance procedure and therefore the decision at this stage is final.

Does this policy and procedure link closely with any others?

None directly, however, matters initiallyraised under this procedure may, dependent upon the circumstances, need to

be redirected to an alternative, appropriate procedure (e.g. harassment and bullying) – see Policy 1.

Need more information or support?

Relevant guidance and template documents:

ForManagers: Contact Human Resources

For Employees: Contact your local Trade Union Representative and/or Human Resources

Training:

For Managers: Contact Human Resources for current information on accessing any available training

For Employees: None applicable

Professional support/advice: If you have read this document and any relevant linked guidance/documents and you find you then need further clarification and/or support or advice (including if an alternative format or adjustment to this procedure is needed, to enable a particular need to be met (e.g. due to a disability) the following is available

For Managers: Contact the Human Resources Team

For Employees: Contact your Manager initially (and/or, your Trade Union Representative and/or Human Resources Team, as appropriate)

External support/advice: ACAS also offer various free supportive information and advice on raising and managing grievances (search the ACAS Website for further details).

The ‘small print’…...

Legal and General points:

- Nothing in this policy will override related prevailing legislation and/or regulations,

- This policy and procedure is written in compliance with current relevant legislation/regulations

- This Policy and Procedure over rides any earlier dates versions, in respect of dealing with new cases/issues arising post-implementation date.

- Grievances already being dealt with under an older version, which commenced prior to implementation date of this document will normally continue to be dealt with/concluded under the earlier document version, unless mutually agreed otherwise or new/amended legislation/regulations dictate otherwise.

-This Policy and Procedure is regarded as a non-contractual document.

.This policy and procedure will be periodically monitored and reviewed and may be subject to future amendments.

Document control information:

Version number: 2

Author:x, Human Resources

Approved by: Cabinet On: 13/02/2014

Implementation ‘Go-live’ Date: 01/04/2014

SUMMARY FLOW CHART

GRIEVANCE:

Yes

No

Yes

No

Appendix 1:

x District Council

EMPLOYEE GRIEVANCE FORM

Private and Confidential

Your Full Name:
Your Service Area/Team:
What is the nature of your grievance?
(include key relevant details-e.g. issues/concerns/dates/names)
What action has already been taken on your grievance?
(include who has considered it, when and what the outcome was)
What remedy are you seeking?
(i.e. what action(s) you think may satisfactorily resolve the matter)
Signed (Employee): Date: