Grievance Procedure
| Grievance Procedure (.pdf) |
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| Appendix A - Grievance Procedure (.doc) |
1. Introduction
1.1 This procedure applies to all employees of the University. It is intended to comply with the Arbitration, Conciliation and Advisory Service (ACAS) Code of Practice, introduced in April 2009, which is designed to help employers, employees and their representatives, deal with grievance situations in the workplace. In particular, the code emphasises the need to resolve issues at the lowest possible level.
1.2 Grievances are concerns, problems or complaints raised by employees with their employers. The University, through its normal day to day management arrangements, encourages and provides opportunities for employees to raise and resolve problems or concerns relating to their work, working environment or their working relationships. The aim is to resolve problems as early as possible before they escalate. Therefore the emphasis must be placed on trying to resolve issues informally, and as early as possible.
1.3 Where appropriate, this procedure refers to Statute 9 Part VI which applies to members of Academic and Academic Related staff who seek the redress of a grievance in relation to their employment
1.4 The Dignity and Respect at Work policy and procedure should be followed where an employee feels they are being harassed, discriminated against or subjected to bullying behaviour.
2. Informal Resolution
2.1 It is always best to try and resolve concerns and problems quickly and informally. An employee who has a concern or problem which involves another member of staff is encouraged to speak to the person concerned and talk to their line manager first before considering other avenues. Employees need to be clear about the nature of a grievance and how they would want to see it resolved. Talking through the issue and how to resolve it should be the first step wherever possible.
2.2 Grievances can sometimes occur through a misunderstanding between two members of staff or through a disagreement about terms and conditions of employment. It is always best to check out the facts of a situation, and the employee’s line manager and the Human Resources Department can be helpful in this regard. It is inevitable that differences of opinion occur in the workplace and as a result working relationships can on occasions become strained; however staff are expected to work with each other to resolve differences in a professional and respectful manner.
2.3 Particularly where the concern relates to a working relationship, an independent third party or mediator can sometimes help to resolve grievance issues. Mediation is a voluntary process where the mediator helps two or more people in dispute reach an agreement. An agreement comes from those in dispute not the mediator. The mediator is not there to judge or to tell those involved in the mediation what they should do. The mediator facilitates the process not the outcome. The Human Resources (HR) Department can advise on the mediation service available.
2.4 Coaching and mentoring can also provide an opportunity for the employee to consider how he/she can best approach a problem or concern with a view to reaching a resolution. The HR Department can advise on the services available.
3. Formal resolution
3.1 Inform the employer of the nature of the grievance
3.1.1 If it has not been possible to resolve a grievance informally, the employee should raise the matter formally and without unreasonable delay. This should normally be within three months of the concern first arising or, with multiple related concerns, within one month of the last incident. However it is accepted that this may not always be practicable.
3.1.2 This should be done in writing to the employee’s line manager. It should briefly set out on the template shown in Appendix A:
- the nature of the grievance: who, what, where and when
- what attempts have been made to try to resolve the matter informally
- the resolution being sought.
This document will be used to inform the subsequent meeting at which a more detailed account may be given.
3.1.3 If the employee’s line manager is the subject of the grievance, the matter should be raised with the line manager’s manager, who will consider the matter. A member of the Human Resources Department will advise the line manager. If a grievance from a member of the Academic or Academic Related staff* is raised concerning his or her Head of Department, it should be raised with the Vice Chancellor. The Vice-Chancellor will appoint a nominee to investigate.
3.2 Meeting to discuss the grievance
3.2.1 The line manager, or manager considering the grievance, will arrange a meeting with the employee who may wish to be accompanied at this meeting by a trade union representative or a workplace colleague.
3.2.2 This meeting should be arranged without unreasonable delay and, unless there are exceptional circumstances, within 10 working days of the grievance being received. As with the informal stage there is more likelihood of reaching a resolution if the issues are discussed as early as possible. Employees and their representative should make every effort to attend this meeting.
3.2.3 It may be necessary to adjourn the meeting to talk to other staff (or third parties) about the grievance. An employee who is the subject of a grievance can be accompanied by a Trade Union representative or work place colleague.
3.2.4 A member of the HR team will be present to advise on possible ways of resolving the grievance and to ensure that notes of the meeting(s) with staff or third parties are taken. Normally these will be issued within 7 working days of the meeting. The person will be given the opportunity to annotate the notes with any amendments. The notes should then be signed as confirmation that they are a correct record of the meeting and a copy returned within 7 working days of receipt.
3.3 Decide on appropriate action
3.3.1 The manager will decide on what action, if any, to take. This decision will be confirmed in writing. Where appropriate, the letter should set out what action, and why, the manager intends to take this action to resolve the grievance. The decision should be taken without unreasonable delay, and be communicated in writing to the employee, normally within 7 working days of the meeting. Where a grievance relates to another member of staff, that person will receive a copy of the outcome of the grievance.
3.3.2 Where the initial meeting was adjourned to enable other meetings to take place it is likely that the manager will need longer to reach a decision. In these circumstances it is expected that the decision will be communicated in writing to the employee within 28 working days of the initial meeting with the employee.
3.3.3 There may be exceptional circumstances which mean that this timescale would need to be extended. In this case the manager will notify the Director of Human Resources, or nominee, who will write to the employee to explain the reason for the delay and expected date for the conclusion of the consideration of the grievance.
3.3.4 The employee should be informed in this letter that if he/she is not content with the process followed he/she has the right of appeal.
3.4 Right of Appeal
3.4.1 Where an employee feels that their grievance has not been satisfactorily resolved, that is the employee is dissatisfied with the attempts to settle or redress the grievance, the employee may apply to the Vice–Chancellor, or his nominee, for redress of the grievance. The employee should set out the grounds of this appeal in writing to the Director of Human Resources within 7 working days of the date of the letter from the Manager who considered the grievance.
3.4.2 In the case of academic or academic related staff*, if it appears to the Vice-Chancellor, or nominee, that the matter has been dealt with under Statute 9 Part III (Disciplinary, Dismissal and Removal from Office), IV (Removal for Incapacity on Medical Grounds) or V (Appeals against dismissal or disciplinary action) he/she may dismiss it summarily or take no action on it. The Grievance Committee shall be informed.
3.4.3 If it appears to the Vice Chancellor or nominee that the grievance is trivial or invalid he/she may dismiss it summarily or take no action on it. The Grievance Committee shall be informed.
3.4.4 If the Vice-Chancellor, or nominee, does not reject the complaint for the reasons outlined in paragraph 3.4.2 above, or defer acting in accordance with Statute 9, Part VI (overlapping disputes)(in the case of academic or academic related staff), he/she shall decide whether it would be appropriate, in the interests of fairness and natural justice, for him/her to consider the matter with a view to seeking an informal resolution. In the case of a grievance concerning a Head of Department, it will usually be necessary for the Vice Chancellor or nominee to hold a meeting with the employee which shall follow the same procedure as set out in paragraph 3.2.
3.4.5 If the grievance has not been disposed of informally by the Vice-Chancellor or nominee, in accordance with 3.4.4, the matter shall be referred to a Grievance Committee for consideration.
3.4.6 The Grievance Committee shall be appointed by the Council and will comprise of a Chair, a member of the Council not being a person employed by the University, and one member of the Academic staff nominated by Senate. The person bringing the grievance, and any person against whom the grievance lies, shall have the right to be heard at a hearing and to be accompanied by a work place colleague or trade union representative.
3.4.7 The Committee shall inform the Council whether the grievance is or is not well-founded and if it is well-founded the Committee shall make proposals to resolve the grievance. Its decision will be final and will exhaust the University’s grievance procedure.
3.4.8 The outcome of the appeal should be communicated to the employee without unreasonable delay and normally no later than 7 working days following the meeting. This decision will be final and will exhaust the University’s Grievance Procedure.
4. Overlapping grievance and disciplinary cases
4.1 Where an employee raises a grievance during any stage of the disciplinary procedure, the disciplinary process may be temporarily suspended in order to deal with the grievance. Where the disciplinary and grievance cases are related it may be appropriate to deal with both issues concurrently and this will be considered by the Director of Human Resources.
4.2 If, as a result of the consideration of the grievance, the manager reaches the conclusion that the behaviour or conduct of any party was inappropriate, the matter will be investigated under the University’s disciplinary procedure. The information and documentation collected as part of the grievance procedure will form the basis of the investigation under the disciplinary procedure. Other evidence may be gathered if it is felt to be in the interests of natural justice.
4.3 Nothing in this part shall prevent the Vice Chancellor from exercising his or her power to defer action under Statute 9, Part VI.
5. Vexatious or malicious grievances
5.1 Where an employee raises a grievance about another employee and there is evidence that the complaint is vexatious or malicious, or there is no foundation to the complaint whatsoever, the matter may be referred for investigation under the University’s disciplinary procedure. The information and documentation gathered as part of the grievance procedure will form the basis of the investigation under the disciplinary procedure.
6. Support for Staff
6.1 It can be extremely distressing for staff to be involved in a formal grievance process, which is why the University emphasises the importance of employees trying to deal with the matter informally and offers alternative dispute resolution processes, including mediation. Attempting to reach a resolution through constructive dialogue and discussion is always the best way forward.
6.2 Staff who bring a grievance or who find themselves the subject of a grievance will be offered support by the University during the process. This support may be provided by a member of the Human Resources department, the employee’s line manager or a member of the University’s mediation service, providing they are not directly involved in the grievance. Counselling may be available. At the conclusion of the grievance, HR will discuss with the parties concerned a planned programme of support.
7. Relationship with Statute 9 Part VI
7.1 This policy has been prepared to comply with the requirements of Statute 9 Part VI in respect of grievances by Academic or Academic Related Staff*. If there is any conflict between this policy and the Statute, then the Statute shall prevail.
8. Collective Grievances
8.1 Where the grievance is of a collective nature, that is, more than one person brings a grievance, this will be addressed through the University’s collective grievance procedure.
