Resolving Grievances Policy 1. The council is committed to promoting a work environment where employees are treated fairly and feel able to talk to their managers about work-related problems. 2. Employees should aim to resolve most grievances informally by speaking to their line manager or the person concerned, explaining clearly what the concern or problem is. 3. If employees don t feel able to approach their manager, they should talk the matter through with: another manager an HR Adviser Staff Care Service a union representative 4. Managers and employees have a responsibility to try and sort out workplace disputes and problems as quickly as possible, with the least disruption, through discussion and by seeking to understand the views and perspective of others. 5. Raising a complaint or being subject to a complaint can be an upsetting experience. Everyone involved is entitled to be treated calmly and with respect. The council will not tolerate abusive, vindictive or insulting behaviour from anyone taking part in, or conducting grievance procedures and will treat any such behaviour as misconduct under the disciplinary procedure. 6. Managers will take concerns raised by employees seriously, act promptly (normally within seven days of the concern being reported to them), and seek to resolve the matter informally, where this is possible. It is accepted that on occasions it may take some time to establish the facts. Mediation 7. Mediation is an effective way of resolving disputes and helps avoid matters escalating and the need for formal procedures. Mediation can be used at any stage in conflict and can address a range of issues including relationship and communication breakdown.
8. The council has access to trained mediators who are completely impartial and do not make judgments or determine outcomes. Mediators ask questions that help uncover underlying problems, assist the parties, (in a confidential setting), to understand each other s point of view and help them agree a way of resolving their difference(s) or dispute. 9. The overriding aim of workplace mediation is to restore the working relationship wherever possible. This means the focus is on working together to go forward, not determining who was right or wrong in the past. 10. Mediation can also be recommended as an outcome of formal proceedings. 11. Managers can contact HR to make a referral for mediation Formal grievance procedure Legal framework 12. Where attempts to resolve matters informally have been exhausted by the employee, or circumstances make this route inappropriate, this formal procedure can be followed. The flowchart on page 11 sets out the steps that will be followed to handle formal grievances. 13. This procedure has been developed in consultation with Unison and other recognised trade unions and follows the steps recommended by the ACAS Statutory Code of Practice on Discipline & Grievance. It has been designed to ensure complaints from employees are dealt with promptly and in a fair and consistent manner. 14. Grievances are concerns, problems or complaints that employees raise with their employers (ACAS). Grievances can be about terms and conditions of employment; working conditions; working relations; discrimination; statutory employment rights and working practices (this list is not exhaustive). 2
Who can use this procedure? 15. This procedure applies to all council employees apart from uniformed fire-fighters and school employees, where separate procedures apply. Grievances can occur at all levels of the organisation and this procedure is available to managers and employees. 16. This procedure is primarily for grievances raised by individual employees, although it is possible for a group of employees to take out a collective grievance. Collective disputes will normally be dealt with through formal local mechanisms involving the trade unions. 17. Where the grievance is about bullying or harassment, employees and managers should also refer to the council s Dignity at Work Policy. 18. No employee will suffer detriment for raising a formal grievance in good faith, or for assisting a colleague to do so. If an employee is found to have used this procedure frivolously, maliciously or excessively without legitimate grounds, disciplinary action may be taken against him/her. What is not covered by this procedure? 19. Employees who wish to raise concerns about suspected malpractice, fraud or wrongdoing in relation to the council s operations should follow the Whistleblowing Procedure. 20. An employee who is subject to formal disciplinary or capability proceedings will have the opportunity to raise any grievance about that through the disciplinary/capability process. If an employee wishes to raise a grievance or whistleblowing matter that is unrelated to the disciplinary/capability proceedings, it will be dealt with separately and concurrently. In some cases one proceeding may be temporarily suspended while the other is dealt with. 21. This procedure does not cover: Appeals against Redundancy Concerns about salary or grading Pension matters Matters relating to tax and national insurance 3
22. A grievance that has not been raised within 3 months of the events which gave rise to it, without good reason, will normally be disregarded unless it is agreed that there are exceptional circumstances by the County HR Manager. Possible outcomes of formal grievances 23. Where a grievance is upheld and failings are found, the action taken to resolve the matter will depend on all the circumstances of the case. In some circumstances it may not be reasonable or practical to reverse the actions or decisions that led to the grievance, but parties may acknowledge that mistakes have been made, offer an apology and work towards restoring relations. 24. Other possible outcomes: Mediation to restore working relations In exceptional circumstances managers may determine that one/or more of the parties should be redeployed, where relations are found to have irretrievably broken down Stopping, reversing or overturning the decision, behaviour or action that has led to the complaint, if this is reasonable and practical Coaching or specific training Team building with the work group that have been affected or involved in the dispute Action under the council s Disciplinary Procedure where misconduct is found 25. Details of any actions taken by management against employees, as a result of findings from the grievance process, will be confidential. Raising a formal grievance 26. Employees must set out the facts of their complaint by completing the Grievance Form. This written statement will form the basis of the grievance meeting and any investigations, so it is important that the employee: sets out the nature of the complaint clearly provides details such as dates and times of events gives the names of any witnesses includes supporting evidence explains how they believe the matter could be resolved 4
27. The completed grievance form must be sent to the employee s line manager and copied to the HR Advice desk. Where the grievance is about the employee s manager or the employee feels it is inappropriate for their immediate manager to deal with the matter, the grievance must be sent to the HR Advice desk. A letter will be sent to the employee confirming receipt of the grievance. 28. A manager will be assigned to deal with the grievance. This manager is known as the Grievance Manager. When assigning a Grievance Manager careful consideration is given to impartiality and the appropriate level of seniority. Formal grievance meeting 29. A meeting will be arranged for the employee to attend, without unreasonable delay and usually within 10 working days of receiving the grievance. The employee can make a request to be accompanied to this meeting by a trade union representative or work colleague (see point 47). 30. The meeting will be run by the Grievance Manager and a HR Adviser will also attend. The aim of this meeting is for the Grievance Manager to establish a detailed understanding of the issues and if it is possible, decide how to resolve the problem. 31. The employee will be asked to explain the grievance and how they think it could be resolved. It is important that employees use this opportunity to make sure all the issues are tabled and any supporting evidence is provided. No new complaints can be added after this meeting unless agreement is given by the Grievance Manager. 32. The Grievance Manager may decide that s/he needs to gather more information before reaching a decision and will adjourn the meeting to allow this to take place. This is particularly likely if the complaint is against another person, who will need to be given the opportunity to provide a response. The Grievance Manager will write to the employee within 3 working days, following this meeting, confirming the actions agreed. 33. Where it is possible for the Grievance Manager to come to a decision about the grievance at this first meeting, s/he will do so and decide what actions to take and where possible give that decision as part of the meeting. The Grievance Manager will then confirm the outcome in writing to the employee within 3 working days of the meeting. The employee will have the right of appeal should s/he believe the outcome is unacceptable (see point 42, Appeals). 5
Investigation 34. Where more information is needed and an investigation is necessary, this will be carried out either by the Grievance Manager or s/he may appoint an Investigating Officer. 35. Investigations will be conducted impartially and without delay. At this stage the Grievance Manager must have been given the names of any witnesses by the employee. In normal circumstances the investigation will be completed within a period of up to 4 weeks, depending on the scale and complexity of the issues. If there are unavoidable delays the employee will be kept informed. 36. Employees are required to attend investigation meetings when requested. Reconvened formal grievance meeting 37. Once the investigation is complete and the Grievance Manager is satisfied s/he has all the information required, a further meeting will be arranged for the employee to attend. Again, the employee can make a request to be accompanied by a trade union representative or work colleague (see point 47). An HR Adviser will also attend with the Grievance Manager. 38. The Grievance Manager will feed back the findings from the investigation and provide his/her conclusion and decision. 39. Where the issues are complex and there are opposing accounts of events from different people (witnesses), a grievance hearing may be arranged, for all parties and witnesses to attend, if the Grievance Manager believes this will help him/her reach a conclusion. 40. The employee will be given the opportunity to invite any witness/es to support their case and will need to let the Grievance Manager know the name/s of any witness/es they intend to call. Management may also require witnesses to attend. 41. Following this, the Grievance Manager will make a decision about the grievance and write to the employee, normally within three working days, to confirm the outcome, providing an explanation of their decision and any actions they intend to take. Regardless of the outcome, all parties are expected to work together in a positive and professional manner. 6
Appeal 42. If the employee has grounds and evidence that their grievance has not been satisfactorily resolved, based on the facts and the fair application of this procedure, they have the right to appeal within 10 working days of receiving the written notification from the Grievance Manager. 43. In accordance with the ACAS statutory Code of Practice, employees are required to provide the grounds for their appeal in writing. No new complaints can be raised at the appeal. 44. The appeal will be heard by the council s Appeals Panel made up of elected members from the Appeals and Tribunals Sub-Committee. 45. This will normally take the form of a hearing where the employee will have the opportunity to state the case for their appeal and management will respond to it, although the Panel may choose to deal with the matter by written submissions where appropriate 46. The outcome of the appeal will be communicated to the employee in writing without unreasonable delay. This is the final stage of the formal grievance procedure. The right to be accompanied 47. Employees have the right to be accompanied by a trade union representative or a work colleague at the formal grievance meetings. Normal management meetings, informal discussions and investigatory meetings do not attract the right to be accompanied, but requests will be considered where this support may be helpful. 48. Where employees wish to be accompanied, this must be requested by contacting the Grievance Manager and by providing them with the name of the trade union representative/work colleague in good time before the meeting (or state this on the grievance form). Keeping & disclosing records 49. Whether dealing with grievances formally or informally, it is advisable for all parties to keep a brief record of discussions and agreed actions. Parties can then refer to such notes for any subsequent formal actions or investigations necessary if the matter is not resolved. 7
50. In certain circumstances (for example to protect a witness) the Grievance Manager may decide to withhold some information. 51. It is the council s practice to audio record most formal hearings. The employee will be informed in advance if the meeting will be recorded and will be provided with further information about this. Confidentiality 52. Confidentiality must be maintained by all parties. Only those who need to know about the grievance will be informed. Avoiding delays 53. Prolonged, unresolved grievances can be distressing for all parties and the council recognises that it is in everyone s interest for matters to be resolved as quickly as possible. 54. Managers will make every effort to deal with grievances promptly and without unreasonable delay. 55. Employees will be consulted on the scheduling of dates/times for meetings. If the employee s representative cannot attend on a proposed date, the employee must provide alternative possible times and dates of their availability, so long as it is reasonable and not more than five working days after the original date. Alternatively employees can nominate another representative. 56. Employees and their representative must take all reasonable steps to avoid delays, make every effort to attend the meetings required under this procedure and to provide any information requested by the Grievance Manager or Investigating Officer promptly and in advance of any meetings. 57. If an employee is unable to attend a meeting because of circumstances beyond their control, they should inform the Grievance Manager as soon as possible. 58. Employees will be expected to participate and attend all meetings, unless an Occupational Health Physician or the Staff Care Service advises that that they are not fit to do so. In these circumstances other arrangements will be agreed with the employee to ensure matters can still proceed e.g. for a representative to act on their behalf. The employee s absence will be managed in accordance with the council s Monitoring & Managing Sickness Absence Policy. 8
59. The Grievance Manager can make the decision to proceed in the employee s absence if: the meeting has already been rearranged once and the employee fails to attend for a second time the employee fails to attend without explanation, or if it appears that an employee has not made sufficient attempts to attend the employee is on long-term sick leave and medical opinion is that he/she will be unable to attend meetings in the near future. In these circumstances alternative arrangements will be discussed with the employee e.g. the employee can supply written information instead if they want to or ask a representative to attend on their behalf Accessibility 60. If any aspect of this procedure causes difficulty on account of a disability or if English is not your first language, or if you need particular assistance or adjustments to attend meetings, contact the Grievance Manager or a HR Adviser at the earliest opportunity. Support 61. Grievances can be upsetting and stressful for all parties and managers have a responsibility for making sure all individuals involved in a dispute or grievance receive appropriate support. This can be provided by offering additional one to one meetings, coaching or by assigning a buddy or key contact for the employee. The Staff Care Service is also available for all employees. Responsibilities 62. The Chief Executive, as Head of the Paid Service, has overall responsibility for this policy. Directors are responsible for the management of services and staff within their directorates. Concerns from ex-employees 63. Wherever possible, a concern should be dealt with before an employee leaves employment. However, in cases where the employee has left employment before a concern has been dealt with the former employee should write to their ex-manager setting out the grievance as soon as possible, and not later than one month after leaving employment and the council will respond in writing. 9
Key Contacts HR Advice desk or 03300 240 849 Staff Care Service or 01865 815505 Unison or 01865 815990 Review of the procedure This procedure will be monitored regularly and will be subject to formal review after three years by the HR Policy Manager in conjunction with the relevant trade unions. Monitoring In introducing and reviewing this procedure an impact assessment has been undertaken to take account of the Equality Act 2010. Related Policies & Sources of Further Information Grievance Form Dignity at Work Policy Whistleblowing Procedure Disciplinary/Capability Procedure Officers Code Conduct Mediation service Acas Guidance & Code of Practice 1 - Disciplinary and Grievance Procedures Head of Human Resources April 2013 (Amended September 2013 & July 2015) 10
RESOLVING GRIEVANCES INFORMALLY I N F O R M A L You should try and resolve grievances by talking to the relevant person directly or with your manager. Explain what the problem is and aim to come to a solution. If you don t feel able to speak to your manager, speak to another manager, your union representative, a HR Adviser or the Staff Care Service. They will help you decide the best way to handle and resolve the matter. FORMAL PROCEDURE Put the facts of your grievance in writing fill in the grievance form and send it to your manager and/or the HR Management Advice Team R E S O L Formal Grievance Meeting You will be invited to attend a meeting with the Grievance Manager, who will consider the facts of your complaint and make a decision. An HR Adviser will also be present at these meetings If the Grievance Manager needs more information before making a decision an Investigation will be conducted. When the investigation is complete the Grievance Manager will reconvene the Grievance Meeting & make a decision about your grievance. In the meantime, you will be kept informed of progress U T I Grievance Resolved Within 3 days of the grievance meeting the Grievance Manager will write to you to confirm his/her decision O N 11