HR Employment Information and Guidance
Grievance Policy and Procedure
Last updated November 2017
Introduction
Wyre Forest District Council believes that all employees should be treated fairly with respect and encourage communication between employees and management to promote good employee relations and to ensure that a motivated workforce continues to provide an effective service for our customers. However, it is recognised that occasionally employees may have a concern, complaint or problem relating to their employment or to their relationships with managers or colleagues within the workplace.
The purpose of this procedure is to provide a fair, equitable and consistent framework for handling work related grievances raised by Council employees. It is our aim to ensure that all employees who have a grievance have access to a procedure which can help them resolve the issue as quickly and as fairly as possible.
Scope of the Policy
The policy applies to all employees except for Statutory or Chief Officers where a separate procedure applies. Any grievance of an employee working within the Council relating to their employment must be lodged within 3 months of the date on which the alleged action occurred. Issues that may cause grievances include:
- Terms and conditions of employment
- Health & Safety
- Working relationships
- Bullying and Harassment
- New working practices or changes to existing practices
- Working environment
- The Equality Act ‘protected characteristics’ in relation to age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation.
This Grievance procedure will not apply:-
- To any matter concerning the terms of a collective agreement. In such instances an employee should discuss their concerns with their Trade Union Representative or a member of the HR team.
- To disciplinary matters which may include potential dismissal (including probationary period). Where a grievance is raised during the disciplinary process, if the grievance is not related to the disciplinary issue, then the disciplinary process should continue. However if the grievance is related to the disciplinary issue then the process may be suspended and the grievance dealt with.
- To the rules of the Local Government Pension Scheme.
- To any other matter for which a separate appeal mechanism exists.
- If the employee is no longer employed and it is no longer practicable for the employee to take steps within the formal stage of the procedure.
- Where the employee raises a concern as a “protected disclosure” in compliance with the public interest disclosure provisions of the 1996 Act.
- When the issue is already being or should be considered under another Council procedure e.g. under the Dignity at Work policy and procedure.
- In addition neither party need comply with an applicable statutory procedure where to do so would be contrary to the interests of national security.
General Principles
At each formal stage of the procedure, the employee has the right to be accompanied by a Trade Union representative or work colleague.
For shared grievances, the group may identify an individual or a trade union representative to take the group grievance forward on their behalf. An employee/trade union may withdraw from the procedure at any stage by confirming their wish to withdraw in writing
Wherever possible, confidentiality will be maintained throughout the process. When it is necessary to share information with other parties, the employee will be informed.
If any aspect of the grievance procedure causes the employee difficulty on account of any disability that they may have, or if they need assistance because English is not their first language, they should raise this issue with HR, who will make appropriate arrangements.
Specified timescales may be modified by mutual agreement, particularly to allow full investigation of the grievance. If it is not possible to respond in the specified time period, the employee will be given an explanation for the delay and be told when a response can be expected.
Where the grievance is against the employee’s line manager/supervisor then they should approach the next level of management. However, if they have grounds to believe that this manager may not be impartial they can take their grievance to HR, together with valid reasons why they believe that the manager is not impartial. Consideration may be given to the appointment of an alternative officer to deal with the grievance.
Malicious or vexatious grievances may result in disciplinary action.
Delegation
Members of the Corporate Leadership Team (CLT) will be responsible for ensuring the resolution of grievances within their respective Sections. They may delegate authority for managing grievances to an internal authorised representative.
Mediation
It may be appropriate for the matter to be dealt with by way of mediation, depending on the nature of the grievance and can take place at any stage within the procedure. This involves the appointment of a third-party mediator who will discuss the issues raised by the grievance with all of those involved and seek to facilitate a resolution. Mediation will be used only where all parties involved in the grievance agree. For anyone wanting to use this service or to find out more about mediation, please contact a member of the HR Team.
Informal Resolution
If you are unhappy about the treatment that you have received or about any aspect of your work, you should initially raise any concerns with your line manager or, if the matter concerns that manager, then the next senior manager. You should ensure that your manager knows that you wish the issue to be dealt with informally at this stage. Your manager should deal with your concerns quickly. If you still feel that your concerns have not been adequately dealt with you may progress to the formal stage of the procedure. You must do this within 5 days of receiving a response to the concerns that have been raised.
Formal Stage
Step 1:
If it is not possible to resolve the grievance informally, employees should raise the matter formally with the next level of management within the service, who is not the subject of the grievance or with a member of the HR Team. This should be done in writing as a statement of the case, using the grievance form (Appendix A) and should set out:-
- What the grievance is.
- What steps have been taken to resolve the grievance and the reasons they have not been satisfactory or met expectations.
- What steps they would like management to take to deal with their grievance i.e. how do they believe this matter should be resolved?
Step 2:
On receiving a formal grievance, the manager should consult with HR in order to arrange an initial hearing. The employee who has lodged the grievance should be advised, in writing, by the manager within 10 working days of receiving the grievance, how the matter is to be dealt with and who has been appointed as the Hearing Officer.
- The Hearing Officer will invite the aggrieved employee to a hearing, giving at least 10 working days notice. The Hearing Officer will be supported by a member of HR.
- The Hearing Officer will also notify the employee against whom the grievance is raised and provide them with full details of the nature of the grievance. That employee will also be invited to the hearing and be informed that they have the right to be accompanied by either a work colleague or trade union representative.
- If applicable, the line manager who heard the informal grievance, may also be invited as they will be required to explain to the Hearing Officer what steps they took to resolve the grievance informally.
- Due to the complexity or sensitivity of the matter, the Hearing Officer may need to adjourn or delay arranging the hearing in order to instigate an investigation or obtain further information or evidence.
- Following the hearing, if the Hearing Officer is in a position to inform the aggrieved employee of the basis on which the grievance is accepted or rejected they will do so verbally and confirm the decision in writing. Otherwise, they will inform the aggrieved employee, in writing, within 10 working days of the hearing.
- The Hearing Officer will also inform the employee about whom the grievance is against of the outcome of the grievance and any impact it may have on them.
- If the outcome of the grievance is unsatisfactory to the aggrieved employee, then they have the right to appeal and may take the matter to the next stage of the procedure.
Grievance Investigations
It may be necessary to clarify the subject matter of the grievance in advance of conducting the grievance hearing. Where it is considered appropriate to conduct an investigation into the issues raised in the grievance, all parties will be informed of this and of the likely timescales for the investigation. The Hearing Officer will appoint an independent Investigating Officer to conduct the investigation.
The Investigating Officer must meet the following criteria:
- Be independent and have no connection to the matter under investigation;
- Have experience in conducting investigations or have received training in conducting investigations and is provided with any necessary support from Human Resources;
- Be able to undertake the investigation and provide a report, drawing reasonable conclusions but should not speculate or make recommendations. The investigation report should be submitted to the Hearing Officer within 15 working days of the notification of the investigation. If the timescales cannot be met the Investigating Officer should notify the Hearing Officer of reason for delay.
Witnesses
Witnesses for either party may be called to support the case. The responsibility for arranging the attendance of witnesses will fall upon the party concerned. If a member of staff is being called as a witness, management need to ensure that their staff member is available to attend.
Managing the Process during Absence
In the interests of progress for all parties, the grievance may continue to be heard during sickness absence following consultation with Occupational Health and the employee concerned or their representative. If an employee is not fit to attend meetings concerning their grievance, consideration will be given to the employee being allowed to send a representative or make written representations instead, or the matter being delayed until the employee is fit to return.
Appeal Stage
If the aggrieved employee feels that the grievance has not been satisfactorily resolved after the formal hearing, they must inform the Principal HR Advisor, in writing, within 10 working days of receipt of the Hearing Officer’s letter that they wish to appeal against the decision. They must indicate their grounds of appeal using the Grievance Appeal Form (Appendix B) and set out how they wish their grievance to be resolved.
An appeal hearing will be arranged, within 10 working days of receipt of the appeal letter. The Appeal Hearing Officer who hears the appeal will normally be a more senior manager than the Hearing Officer and will be supported by a member of HR. This should be the same format at the formal hearing, however, the Hearing Officer should attend to present the reasons why they came to their decision.
Following the hearing, if the Appeal Hearing Officer is in a position to inform the aggrieved employee of the basis on which the grievance or the solution proposed by the Hearing Officer is accepted or rejected they will do so verbally and confirm the decision in writing. Otherwise, they will inform the aggrieved employee, in writing, within 10 working days of the hearing.
The Appeal Hearing Officer’s decision is final. The aggrieved employee will also be reminded that this is the final stage of the grievance procedure.
Records
Records must be kept by the appropriate manager at all stages of the grievance procedure which should detail the following:
- Outline of grievance
- Copy of the written grievance
- Details of grievance e.g. whom against, reasons, dates etc.
- Attendees at hearing(s), date, time, venue
- Outcome of hearing(s)/resolutions, action taken and reasons for action taken
- Whether there was an appeal and if so the outcome
- Any further developments
All parties involved within the grievance proceedings should have the opportunity to check the accuracy of these records, sign and date them.
Records, minutes and relevant forms must be retained by the HR Team and stored in a confidential file in accordance with the Data Protection Act 1998, which give individuals the right to request and have access to certain personal data.
Copies of meeting records should be given to the employee including any formal minutes that may have been taken.
The employee’s representatives will be entitled to raise through the Joint Negotiating Consultative Committee any matter of principle arising from grievances considered under this scheme, but will not be entitled to raise individual cases.
Nothing in this scheme shall affect any entitlement which an employee may have under his/her conditions of service enabling him/her to pursue a grievance as a dispute through the appropriate negotiating channels.
Support Mechanisms & Further Advice
It is acknowledged that it can be difficult for all parties concerned when going through a grievance process. This includes those who have raised a grievance for any reason and those against whom a grievance has been raised. The following support is available to all employees.
- Confidential Employee Assistance Programme (workplaceoptions.com or telephone 0800 243 458)
- Occupational Health Service
Further advice is available from a member of the HR team.