TYDD ST MARY PARISH COUNCIL
Hedgeview, 231 Broadgate, Sutton St Edmund,
Spalding, Lincs, PE120LT
E mail tyddstmarypc@gmail.com
GRIEVANCE POLICY
Introduction
1.
This policy is based on and complies with
the 2015 ACAS Code of Practice (http://www.acas.org.uk/index.aspx?articleid=2174. It
also takes account of the ACAS guide on discipline and grievances at work. (https://www.acas.org.uk/media/1043/Discipline-and-grievances-at-work-The-Acas-guide/pdf/DG_Guide_Feb_2019.pdf ). It aims to encourage and
maintain good relationships between the Council and its employees by treating
grievances seriously and resolving them as quickly as possible. It sets out the
arrangements for employees to raise their concerns, problems or complaints
about their employment with the Council. The policy will be applied fairly,
consistently and in accordance with
the Equality Act 2010.
2.
Many
problems can be raised and settled during the course of everyday working
relationships. Employees should aim to settle most grievances informally with
their line manager.
3.
This policy confirms:
·
employees have the right to be accompanied or
represented at a grievance meeting or appeal by a companion who can be a workplace colleague, a trade union
representative or a trade union official. This includes
any meeting held with them to hear about, gather facts about, discuss, consider
or resolve their grievance. The companion will be permitted to address the
grievance/appeal meetings, to present the employee's case for his /her
grievance/appeal and to confer with the employee. The companion cannot answer
questions put to the employee, address the meeting against the employee’s
wishes or prevent the employee from explaining his/her case.
·
the Council will give employees reasonable notice of
the date of the grievance/appeal meetings. Employees and their companions
must make all reasonable efforts to attend. If the companion is
not available for the proposed date of the meeting, the employee can request a
postponement and can propose an alternative date that is within five working
days of the original meeting date unless it is unreasonable not to propose a later
date
·
any changes to specified time limits must be agreed by
the employee and the Council
·
an employee has the right to appeal against the
decision about his/her grievance. The appeal decision is final
·
information about an employee’s grievance will be restricted to those involved in the grievance
process. A record of the reason for the grievance, its outcome and action taken
is confidential to the employee. The employee’s grievance records will be held
by the Council in accordance with the General Data Protection Regulation (GDPR)
·
audio or video recordings of the proceedings at any stage
of the grievance procedure are prohibited, unless agreed by all affected
parties as a reasonable adjustment that takes account of an employee’s medical
condition
·
if an employee who is already subject to a disciplinary
process raises a grievance, the grievance will normally be heard after
completion of the disciplinary procedure
·
if a grievance is not upheld, no disciplinary action
will be taken against an employee if he/she raised the grievance in good faith
·
the Council may consider mediation at any stage of the
grievance procedure where appropriate, (for example
where there have been communication breakdowns or allegations of bullying or harassment). Mediation is a
dispute resolution process which requires the consent of affected parties
·
Employees
can use all stages of the grievance procedure If the complaint is not a code of
conduct complaint about a councillor. Employees can use the informal stage of
the council’s grievance procedure (paragraph 4) to deal with all grievance
issues, including a complaint about a councillor Employees cannot use the
formal stages of the council’s grievance procedure for a code of conduct
complaint about a councillor. If the
complaint about the councillor is not resolved at the informal stage, the
employee can contact the monitoring officer of SHDC who will inform the
employee whether or not the complaint can be dealt with under the code of
conduct. If it does not concern the code of conduct, the employee can make a
formal complaint under the council’s grievance procedure (see paragraph 5)
·
If the
grievance is a code of conduct complaint against a councillor, the employee
cannot proceed with it beyond the informal stage of the council’s grievance
procedure. However, whatever the complaint, the council has a duty of care to
its employees. It must take all reasonable steps to ensure employees have a
safe working environment, for example by undertaking risk assessments, by
ensuring staff and councillors are properly trained and by protecting staff
from bullying, harassment and all forms of discrimination
·
If an
employee considers that the grievance concerns his or her safety within the
working environment, whether or not it also concerns a complaint against a
councillor, the employee should raise these safety concerns with his or her
line manager at the informal stage of the grievance procedure. The council will
consider whether it should take further action in this matter in accordance
with any of its employment policies (for example its health and safety policy
or its dignity at work policy) and in accordance with the code of conduct
regime
Informal
grievance procedure
4.
The Council and its employees benefit if grievances are
resolved informally and as quickly as possible. As soon as a problem arises,
the employee should raise it with his/her manager to see if an informal
solution is possible. Both should try to resolve the matter at this stage. If
the employee does not want to discuss the grievance with his/her manager (for
example, because it concerns the manager), the employee should contact the
Chairman of the Personnel Panel or, if appropriate, another member of the
staffing committee. If the employee’s complaint is about a councillor, it may
be appropriate to involve that councillor at the informal stage. This will
require both the employee’s and the councillor’s consent.
Formal grievance procedure
5.
If it is not possible to resolve the grievance
informally and the employee’s complaint is not one that should be dealt with as
a code of conduct complaint (see above), the employee may submit a formal
grievance. It should be submitted in writing to the Chairman of the Personnel
Panel.
6.
The Personnel
Panel will appoint a sub-committee of three members to hear the grievance. The
sub-committee will appoint a Chairman from one of its members. No councillor with direct involvement in the matter shall be appointed to
the sub-committee.
Investigation
7.
If the sub-committee decides that it is appropriate,
(e.g. if the grievance is complex), it may appoint an investigator to carry out
an investigation
before the grievance meeting to establish the facts of the case. The
investigation may include interviews (e.g. the employee submitting the
grievance, other employees, councilor’s or members of the public).
8.
The investigator will summarise their findings
(usually within an investigation report) and present their findings to the
sub-committee.
Notification
9.
Within 10 working days of the Council receiving the
employee’s grievance (this may be longer if there is an investigation), the
employee will normally be asked, in writing, to attend a grievance meeting. The
written notification will include the following:
·
the names of its Chairman and other members
·
the date, time and place for the meeting. The employee
will be given reasonable notice of the meeting which will normally be within 25
working days of when the Council received the grievance
·
the employee’s right to be accompanied by a workplace colleague, a trade union
representative or a trade union official
·
a copy of the Council’s grievance policy
·
confirmation that, if necessary, witnesses may attend
(or submit witness statements) on the employee’s behalf and that the employee
should provide the names of his/her witnesses as soon as possible before the
meeting
·
confirmation that the employee will provide the
Council with any supporting evidence in advance of the meeting, usually with at
least two days’ notice
·
findings of the investigation if there has been an
investigation
·
an invitation for the employee to request any
adjustments to be made for the hearing (for example where a person has a health
condition).
The grievance meeting
10.
At the grievance
meeting:
·
the Chairman will
introduce the members of the sub-committee to the employee
·
the employee (or
companion) will set out the grievance and present the evidence
·
the Chairman will
ask the employee questions about the information presented and will want to
understand what action does he/she wants the Council to take
·
any member of the sub-committee and the
employee (or the companion) may question any witness
·
the employee (or
companion) will have the opportunity to sum up the case
·
a grievance
meeting may be adjourned to allow matters that were raised during the meeting
to be investigated by the sub-committee.
11. The Chairman will provide the employee with the
sub-committee’s decision, in writing, usually within five working days of the
meeting. The letter will notify the employee of the action, if any, that the
Council will take and of the employee’s right to appeal.
The
appeal
12.
If an employee
decides that his/her grievance has not been satisfactorily resolved by the
sub-committee, he/she may submit a written appeal to the staffing committee. An
appeal must be received by the Council within five working days of the employee
receiving the sub-committee’s decision and must specify the grounds of appeal.
13.
Appeals may be
raised on a number of grounds, e.g.:
·
a failure by the
Council to follow its grievance policy
·
the decision was not
supported by the evidence
·
the action proposed
by the sub-committee was inadequate/inappropriate
·
new evidence has
come to light since the grievance meeting.
14.
The appeal will be heard by a panel of three
members of the staffing committee who have not previously been involved in the
case. There may be insufficient members of the staffing committee who have not
previously been involved. If so, the appeal panel will be a committee of three
Council members who may include members of the staffing committee. The appeal panel will
appoint a Chairman from one of its members.
15.
The employee will be
notified, in writing, usually within 10 working days of receipt of the appeal
of the time, date and place of the appeal meeting. The meeting will normally
take place within 25 working days of the Council’s receipt of the appeal. The employee
will be advised that he/she may be accompanied by a
workplace colleague, a trade union representative or a trade union official.
16.
At the appeal meeting, the Chairman will:
·
introduce the panel members to the employee
·
explain the purpose of the meeting, which is
to hear the employee’s reasons for appealing against the decision of the
staffing sub-committee
·
explain the action that the appeal panel may
take.
17.
The employee (or
companion) will be asked to explain the grounds of appeal.
18.
The Chairman will
inform the employee that he/she will receive the decision and the panel’s
reasons, in writing, within five working days of the appeal meeting.
19.
The appeal panel may decide to uphold the
decision of the staffing committee or substitute its own decision.
20.
The decision of
the appeal panel is final.
© NALC 2019
Version number |
Date Approved |
Amendments Made |
Next Review Date |
V1 |
March 2021 |
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March 2023 |
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September 2023 |
Yes |
September 2026 |
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