Grievance Procedure
Introduction
1. The employer values its employees and recognises the contribution they make to the provision of quality services. All employees are expected to perform their roles to a high standard, work constructively with their colleagues and managers, and continuously look for ways of improving the service they provide. In order to achieve this, managers will provide support, guidance and development opportunities to their staff. During the course of employment the employer believes that all employees should be treated with dignity and respect in all that they do, and act in the same way to others. Openness and honesty should underpin all working relationships.
2. The purpose of the procedure is to enable employees to raise issues with their manager(s) about their work including the actions or behaviour of management or their colleagues that may affect them. The procedure aims to resolve complaints informally, as close to the point of origin as possible and prevent them escalating. A successful outcome is not about apportioning blame but achieving a way forward to correct the situation and for those involved to continue working together.
Scope
3. This procedure applies to all employed staff.
4. There are a number of related policies and procedures which should be read in conjunction with this policy. These include Equal Opportunities, the Disciplinary Procedure, Health and Safety at Work policies and the Code of Conduct.
5. This procedure is not for use by employees who wish to complain either about dismissal or disciplinary action taken against them or where such action is contemplated. Any concerns should be put forward by the employee in the course of the disciplinary process (including the grounds for any appeal under that process) in the first instance. The procedure is similarly not applicable where other procedures (which provide for a right of appeal) apply.
6. Grievances are covered by this procedure and are defined as a problem or concern that an employee has about their work, working conditions or relationships with colleagues.
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Grievance Procedure
Employee responsibilities
7. You have a responsibility to act in a way that ensures dignity and respect for those around you, being sensitive about the impact you have on others. If you feel this approach has not been taken by another employee you should report this to your manager or a member of the senior management team so that action can be taken.
8. You have a right to raise complaints and these will be taken seriously and dealt with as quickly and sensitively as possible. If you are considered to be making false complaints which are frivolous, malicious, and vindictive or wholly without foundation you may be subject to disciplinary action.
Manager responsibilities
9. Managers are responsible for implementing this policy and procedure with advice from senior management. They should bring it to the attention of their team and seek to create an environment of openness, trust, dignity and respect for everyone. Additionally, they have a responsibility to deal with issues that come to their attention whether or not they are raised as part of this procedure.
Dealing with grievances informally
11. If you have a grievance or complaint to do with your work or the people you work with you should, wherever possible, start by talking it over with your manager. You may be able to agree a solution informally between you.
12. To resolve your grievance or complaint informally you may try:
12.1 Asking your manager to try to resolve the issue if it is about your work or working conditions;
12.2 Speaking to the person with whom you have the complaint and discussing with them to see your point of view;
12.3 Asking your manager (or their manager if they are the source of the issue) to arrange an informal discussion with you and the person whom you have the issue with, with a view to reaching agreement on a way forward;
12.4 Asking your manager to find a mediator to help resolve your complaint and agree a way forward for all concerned;
12.5 Asking another work colleague or trade union representative to help you resolve your complaint.
13. It is always preferable for you to try and resolve matters informally if possible. This is likely to produce solutions which are speedy, effective and maintain positive working relationships.
14. Informal resolution will concentrate on conciliation e.g. asking someone to stop doing something or to see how their actions might be perceived.
15. In most instances there is an expectation that you will have taken steps to resolve your complaint informally to minimise disruption to services and the anxiety felt by those who may be involved in your complaint.
16. During the informal process you should keep a note of any actions that you take and what happened. Should your complaint not be resolved these records may be submitted at the formal stage.
17. If your complaint is resolved informally then this would end the process.
18. If your grievance or complaint cannot be resolved informally the next step is to move to the formal stage of this grievance procedure.
Dealing with grievances – the formal stages
Formal stage 1
19. If the matter is serious and/or you wish to raise the matter formally you should set out the grievance in writing to your manager. You should stick to the facts and avoid language that is insulting or abusive.
20. Where your grievance is against your manager and you feel unable to approach him or her you should talk to another manager or seek HR advice.
Grievance hearing
21. Your manager will call you to a meeting, normally within five days, to discuss your grievance. You have the right to be accompanied by a colleague or trade union representative at this meeting if you make a reasonable request to do so.
22. At the grievance hearing meeting the Hearing Manager will:
a. Introduce those present and their role
b. Clarify the details of the grievance
c. Ask the employee raising the grievance to explain the details of the grievance
d. Where applicable allow the respondent (person who the grievance complaint relates to) to respond to the grievance
e. Ask the employee raising the grievance to sum up
f. Ask the respondent to sum up
g. Adjourn
h. After the meeting the Hearing Manager will give a decision in writing, within five working days, to all parties concerned.
Hearing Manager’s recommendations may include:
• No further action.
• Requiring the respondent to make a formal apology.
• Training/learning and development.
• Mediation to get the parties back working together.
• Review and improve performance management.
• Assistance to help the person understand their behaviour and change it.
• Redeployment of either party voluntarily, or compulsorily through the disciplinary procedure.
• Alternative working arrangements.
• Counselling.
• Setting standards.
• Disciplinary action – this may be against the respondent or the person who raised the complaint, if vexatious or malicious.
Formal stage 2 – Appeal
23. If you are unhappy with the Hearing Manager’s decision and you wish to appeal you should let your manager know in writing, setting out the reason for your appeal. Your appeal must be made within five days of you receiving the written notification of the outcome of your hearing.
24. You will be invited to an appeal meeting, normally within five days, and your appeal will be heard by a more senior manager (Appeal Manager). You have the right to be accompanied by a colleague or trade union representative at this meeting if you make a reasonable request.
25. After the meeting the manager will give you a decision, normally within five working days of the hearing. The Appeal Manager’s decision is final.
Grievance procedure – guiding principles
Right to be accompanied
26. Employees may be accompanied at all formal stages of the procedure by a work colleague or trade union representative who has not been involved in the case. It is the employee’s responsibility to arrange their attendance at the meeting. If the companion cannot attend the date and time of the hearing proposed, the employer may offer a reasonable alternative time and date.
Mediation
27. Mediation may be used at the informal or formal stage of the process. It is expected that employees will be open to this form of reconciliation and resolution and enter into it as a meaningful way of tackling issues. The aim of mediation is for both parties to reach a mutually acceptable outcome and feel able to maintain their working relationships. Both parties have to agree to enter into mediation but the benefits are that it can provide a mechanism for building better working relationships and assisting in improving difficult situations or resolving conflict. It is expected that the mediation will be with the employees concerned and a mediator only, normally as separate meetings.
Suspension/temporary relocation
28. It is expected that people will continue to work together even if a complaint is raised about another work colleague. However, in certain circumstances it may be necessary for a manager or the investigator to consider separating the parties.
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