GRIEVANCE PROCEDURE 1 Application 1.1 Subject to 1.2 below, this procedure is intended to provide employees with a fair, timely and consistent means of resolving grievances at work. The aim is to find a solution that is acceptable to all the parties involved. 1.2 Where an issue is subject to another procedure/policy/scheme which contains a right of appeal, the grievance procedure cannot be used in place of this appeal. A grievance cannot be raised on the outcome of an appeal decision. 1.3 This procedure can also be used to deal with grievances involving more than one individual. 2 Informal Procedure 2.1 The University is committed to ensuring that differences and difficulties can be resolved amicably through open communication. Wherever possible, grievances will be resolved informally. This is more likely to produce effective solutions, minimise conflict and allow staff to maintain positive working relationships. Employees who wish to try to resolve their grievance informally should raise it verbally. If the employee states in writing that they wish to raise a grievance, it will be dealt with under this Grievance Procedure. Where the line manager receives a written complaint and is unsure whether the employee wishes the matter to be treated as a grievance under this Grievance Procedure, the line manager will clarify the matter with the employee. Before an employee raises a grievance formally there are a number of steps he/she should try: If at all possible, he/she should discuss the grievance informally with the individual(s) concerned. Sometimes they will be not be aware that their behaviour or actions are causing a problem. Often, issues can be resolved at this point through discussion and clarification. The employee should seek advice from his/her manager, Human Resources or his/her trade union representative. 3 Mediation 3.1 Mediation is undertaken without any admission of wrongdoing by any party, and without preventing any opportunity to pursue formal action. 3.2 As part of the informal steps towards resolving any issues the employee may be experiencing, he/she may wish to consider mediation. This is a process by which an impartial person helps others to resolve their difficulties. It is voluntary and it can help to resolve problems. Mediation will seek to: resolve conflict treat people fairly create realistic, workable agreements change behaviour that is creating difficulty. Mediation will provide opportunities to: speak and listen exchange feelings and ideas negotiate. 3.3 If the employee decides he/she would like to use mediation he/she should discuss the matter with his/her Human Resources Manager. Mediation can only proceed with the agreement of all the parties involved in the grievance, including their agreement on the choice of mediator. 4 Formal Procedure 4.1 If the employee states in writing that they wish to raise a grievance, it will be dealt with under this Grievance Procedure. This should normally be submitted to the line manager. If the complaint involves his/her line manager he/she can submit it to the line manager’s manager. 4.2 The employee may be accompanied by a trade union representative or fellow employee, at all stages of the formal process. If the employee’s chosen representative is not available on the day of the meeting he/she can ask for it to be re-arranged within one week of the original date. 4.3 The manager will invite the employee to a meeting as soon as possible, normally within 2 weeks of receipt of the written grievance. This timescale can be varied by agreement of all parties. If the employee or representative cannot attend, for a reason unforeseeable at the time the meeting was arranged, then an alternative meeting must be arranged. In addition, an employee has the right to request the postponement of a meeting if the employee’s representative is unavailable. The postponement can normally be for up to one week after the originally proposed date. Otherwise, normally, if the employee fails to attend the postponed grievance meeting, it will be held in his/her absence and the decision together with the information concerning the procedure related to the right of appeal will be confirmed to him/her in writing within one week. If the employee simply fails to attend a meeting or after the legitimate reasons for not attending a meeting have been exhausted, the University reserves the right to make a judgement based on the evidence before it. 4.4 At least one week before the meeting the employee must inform the manager of the basis for the grievance. 4.5 The grievance will be heard by a manager who has not been directly involved, normally the employee’s line manager (but see 4.6 below). 4.6 If the employee’s line manager is causing the grievance, or if a manager who is more senior to the employee’s line manager is causing the grievance, it will be heard by another manager who is at least the level of the manager causing the grievance. If the grievance is against the Vice Chancellor it will be heard by a Deputy Vice Chancellor. 4.7 At the meeting the employee will present the grievance and talk through the issues causing concern. He/she should explain how he/she thinks the grievance could be settled. This will include the employee bringing the grievance choosing between two alternative formats of the meeting(s) which follow. 4.8 Option one is where a single meeting, at which evidence including, if required, from witnesses, could be presented and challenged by all parties to the grievance. Normally the meeting would be attended by the chair, the employee who raised the grievance and, if chosen, his/her trade union representative or fellow employee, the employee(s) against whom the grievance is raised, and a member of Human Resources who will provide advice and guidance to the chair and to keep a record of the meeting. Witnesses may be permitted to give statements in writing or in person as appropriate and reasonable. In general, the number of people present should be kept to the minimum necessary. The manager hearing the grievance may ask questions during any grievance meeting and can adjourn to allow further investigations to take place if there is good reason to do so. The reasons for an adjournment have to be given to all parties to the grievance verbally on the day of the adjournment and confirmed in writing within 3 working days. 4.9 Option two is where the manager hearing the grievance meets, separately, and, wherever possible on the same day with the person the employee feels is causing the grievance or who has responsibility for that area of work. The manager hearing the grievance will feed back initial findings from the separate meetings to both parties to allow questions or challenges. The manager may meet again with either party as is necessary to fully understand the issue(s). 4.10 Whichever option is chosen, in making a decision the manager will look at the matters that have given rise to the hearing, including the reasonableness of the behaviour and decision making of all parties, and will consider all the information that has been presented. S/he will also consider any informal processes and subsequent outcomes that have been undertaken. 4.11 The employee will normally be notified of the outcome of the meeting in writing by Human Resources within one week of the hearing. This will include notification of the right to appeal against the decision. 4.12 If the chair decides there is no grievance and the chair believes the grievance procedure has been invoked either vexatiously or maliciously the chair should consider whether an investigation into the conduct of the employee bringing the grievance should take place. 5 Appeal 5.1 The employee has the right of appeal against the outcome of the formal grievance hearing. He/she can be represented by a trade union representative or fellow employee at the appeal meeting. 5.2 If the employee wishes to appeal he/she should notify his/her Human Resources Manager in writing within 2 weeks of the date of the decision setting out the grounds for appeal. 5.3 Human Resources will be responsible for the arrangements for the hearing and will notify all parties of the date. The employee must take all reasonable steps to attend the meeting. 5.4 Appeals will normally be heard by an independent manager at the same level or more senior to the manager who heard the grievance and who has not previously been involved in the action under this procedure. Normally the hearing will be attended by the manager who made the decision against which the employee is appealing, a member of Human Resources who will provide advice to the manager who made the decision, the employee and, if chosen, his/her trade union representative or fellow employee. The member of Human Resources who is providing advice to the manager who made the decision will not present the case as his/her primary role is to advise the manager who made the decision. A further member of Human Resources will be present to take notes and advise on process. 5.5 The appeal hearing will operate on the basis of reviewing the decision to which the appeal relates. Ordinarily it will be concerned with reviewing the application of the procedures, whether, on the basis of the evidence presented at the formal meeting, the outcome was appropriate and considering any new material evidence not available at the original hearing which is directly relevant to the case under appeal. New information on unrelated issues cannot be introduced. 5.6 In the case of the previous decision being made by the Vice Chancellor the appeal will be heard by a member of the staff appeals panel of the University Board. (In this case the Clerk to the Board will be responsible for the arrangements). 5.7 The stages of the appeal hearing are as follows: The employee will explain the grounds for the appeal. The manager who made the original decision will respond. The employee may ask questions. The chair of the appeal may ask questions/clarify points at any point in the hearing. Both parties sum up, the employee first. An adjournment will take place to allow consideration of all the facts. Both parties will be informed verbally of the decision made and the rationale for it. This will then be confirmed in writing by Human Resources within one week. 5.8 If the employee continues to be aggrieved a further appeal can be made. This should be done in writing to the relevant Human Resources Manager within one week of the written confirmation of the appeal decision and should set out the grounds for the further appeal. 5.9 At any appeal hearing, steps 5.1 to 5.8 will be followed again with a more senior manager. In the case of the previous decision being made by the Vice Chancellor, the further appeal will be heard by a member of the staff appeals panel of the University Board. In the case of the previous decision being made by a member of the staff appeals panel of the University Board, the further appeal will be heard by the Chair of the University Board or a Board member nominated by the Chair of the University Board. (In these latter two cases the Clerk to the Board will be responsible for the arrangements). 5.10 The second appeal is final. NOTES If all parties agree, the time limits referred to in this procedure may be modified. Where a grievance is raised as a result of a proposed course of action normally the action will not be implemented until the grievance procedure is complete. However, the status quo cannot over ride health and safety and other statutory obligations. Nor can it disadvantage other employees or produce major disruption to the workings of the University. Last Reviewed: November 2009 Date for review: November 2011