raising an issue - Lincolnshire County Council

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Managing Employment Issues – templates and guidance
RAISING AN ISSUE
INTRODUCTION
There are a number of circumstances in which an employment issue may be
raised. This guidance is provided to enable employees raise problems or
concerns they may have about their work or their working environment.
Employees should also refer to the County Council policies on Grievances and
Dignity at Work.
Some of the common areas that may give rise to a grievance or complaint may
involve terms and conditions of employment, health and safety at work, new
working practices, organizational change and fair treatment.
PRINCIPLES
All grievances and complaint will be dealt with in the strictest confidence and all
records will be held in the strictest confidence and in good faith. Employees
need have no concerns that they will suffer any detriment as a result of raising
concerns.
All grievances and complaints should be raised within 3 months of the latest
incident, or within 3 months of the employee being aware of the incident.
There is a separate procedure for dealing with issues regarding pay or grading.
Complaints or allegations raised by employees against Members will be dealt
with as set out in the County Council’s Constitution, particularly in the protocols
on ‘Member/Officer Relations’ and ‘Harassment, Intimidation and Unacceptable
Behaviour’.
Where the complaint or allegation is against the Chief Executive, the initial
course of action will be determined by the Monitoring Officer in consultation with
the Chairman of the Standards Committee.
Employees found to make malicious use of these procedures, or who collude in such,
will be subject to disciplinary action
GRIEVANCE INFORMAL PROCEDURE
It is in everyone's interests that issues and grievances are dealt with informally
where possible, and at as low a level as possible. To achieve this it is intended
that employees should be able to discuss all matters openly with their supervisor
or manager, as they occur. The aim is to resolve routine complaints and
grievances in this informal manner.
Managing Employment Issues – templates and guidance
Although this is an informal procedure, there may be occasions where both the
employee and manager feel that it would be useful to keep a note of their
discussions.
GRIEVANCE FORMAL PROCEDURE
There may be occasions when a more formal approach is required. Again, it is
intended that employees should be able to raise issues without detriment.
Employees are encouraged to put their concerns, allegations or complaints to
their line manager in writing, giving full details, using the form attached in
Appendix 1. If the complaint is about their manager, they should take it to the
next highest level.
This does not mean that employees cannot approach their manager beforehand
to let him/her know that they have concerns.
An investigation should begin as soon as possible in accordance with the
Managing Employment Issues Procedure.
HELPING TO PREVENT HARASSMENT, VICTIMISATION,
BULLYING OR DISCRIMINATION
Employees can take positive action to protect themselves against this type of
behaviour and to help eliminate it from the workplace.
If you are subjected to such behaviour try not to be afraid. Many perpetrators
stop immediately when faced with the consequences of their actions. If the
behaviour continues, then complain whether or not you have confronted the
perpetrator yourself.
Also consider your own actions towards colleagues, service users and others, to
ensure that you do not subject others to this behaviour.
You should at all times support a culture that discourages harassment,
discrimination, bullying and victimisation and support colleagues who may be
subjected to it.
MAKING A COMPLAINT
It is important that employees report any incidents immediately to their manager
so that they can be investigated and action taken quickly. If the complaint is
about the manager, the employee should take it to the next highest level.
In addition to its Dignity at Work policy, the Council has a policy on Violence at
Work. This aims to limit the potential for violent or aggressive behaviour in the
working environment, very serious harassment and constructive violence.
Please see Employee Leaflet POEL18 Violence at Work.
Managing Employment Issues – templates and guidance
If you are a witness to harassment, victimisation, bullying or discrimination the
Confidential Reporting Code (Whistleblowing Procedure) is available if you feel
unable to intervene directly. You should not hesitate to report such behaviour.
HARASSMENT BY A COLLEAGUE
The procedures available to employees in relation to harassment, discrimination,
bullying or victimisation by a colleague are set out below.
Informal procedure
Firstly, if you feel comfortable doing so, make it clear to the person that their
behaviour is unacceptable and that you wish it to stop. This is the case even if
the person is your line manager. However it is acknowledged that asking
someone to stop harassing you is often difficult to do. Also it might not always be
the best course of action in the particular circumstances.
Alternatively, you might seek the help of a friend, colleague or manager who
could approach on your behalf the person committing the harassment.
It is important that you keep a written note of any incidents so that you are able to
report accurately what happened. This could, e.g. include the date, time and
nature of incidents and names of witnesses. If you believe that any of your
colleagues are being harassed by the same person, ask them to keep a similar
record. Evidence from witnesses is especially helpful to the manager dealing
with the complaint.
Mediation
You may wish to consider using a mediator as a means of resolving the issues.
Both parties must agree to the mediation and either side has the right to withdraw
during the process.
The mediator will contacted by the Strategic HR Team following a request from
your line manager.
Formal procedure
You may need to approach your line manager with a formal complaint:
 because you are the subject of harassment, discrimination, bullying or
victimisation
 if this treatment continues despite your efforts to put a stop to it
 if a single incident is, in your opinion, sufficiently serious to make a complaint
Your complaint will be taken seriously and your manager will give support in
relation to the action to take. If your line manager is the subject of your complaint
you are entitled to take it to the next higher level of management. You may also
wish to involve your trade union representative.
Managing Employment Issues – templates and guidance
Where the allegation is against the Chief Executive, the initial course of action
will then be determined by the Monitoring Officer in consultation with the
Chairman of the Standards Committee.
Appeals
A formal complaint under the Dignity at Work Policy is regarded as the equivalent
of a Stage 1 Grievance under the statutory Discipline and Dismissal Procedures.
If you are not satisfied with the outcome of the Formal Complaint you may raise
an Appeal under the Appeal Stage of the Grievance Procedure.
HARASSMENT BY A ‘NON EMPLOYEE’
This means anyone who you are in contact with at work or because of work who
is not employed by the County Council. It will include:
 service users
 employees of contractors providing a service to the County Council
 Elected Members
Let your manager know as soon as you can that harassment, discrimination,
victimisation or bullying has taken place so that a full investigation can take place
and action taken to prevent a re-occurrence. In the case of relevant allegations
against Elected Members, the procedure will follow that laid down in the
Council’s protocol on Harassment, Intimidation and Unacceptable Behaviour by
elected Members. Initially unacceptable behaviour will be dealt with by mediation
or within the political group concerned. For serious complaints mediation is
inappropriate. Where it is alleged that the behaviour of an Elected Member
constitutes a breach of the Code of Conduct for Members, the Monitoring Officer
will be informed in order to consider whether there should be a reference to the
Standards Committee.
SUPPORT
Harassment Advisers are available to give support and confidential advice to
employees. They are trained employees of the County Council and HBS (male
or female) who are able to:
 help you at any time, whatever your intentions are and whatever the nature of
the harassment
 give confidential support on dignity at work issues, including how to make a
complaint
 help ensure that complaints are taken seriously
They are not expected to replace the responsibility of your manager, but are
normally used as a first point of contact to enable you to decide how to deal with
any dignity at work issues.
Managing Employment Issues – templates and guidance
Directorates are required to ensure that you have direct access to the names of
these Advisers at all times. Your choice of Adviser is not limited to those who
work in your Directorate - you may approach any Adviser from the list.
The Council's Employee Support and Counselling Service will provide
confidential and impartial advice, counselling and help with issues of harassment,
for all employees and you may contact its trained counsellors at any stage for
support.
ACTION
Complaints will always be taken seriously and will be dealt with sensitively and in
the strictest confidence. The County Council will take action to protect you if you
raise a concern in good faith. A thorough investigation in accordance with the
County Council’s Managing Employment Issues Procedure will be undertaken
immediately and you will be given the opportunity to comment on the accuracy of
any meeting notes arising from this. After the investigation has been completed,
action will be taken.
The Council will take disciplinary action against any proven perpetrator who is
employed by the County Council. Managers have been advised that, following
investigation and action, they should monitor the situation to ensure that the
unacceptable behaviour has stopped and that the employee who made the
complaint does not suffer any reprisal, victimisation or detriment. Positive action
will also be taken to prevent a re-occurrence of unacceptable behaviour by
anyone who is not employed by the County Council.
HELP AND INFORMATION
Suggested contacts are listed below and you are encouraged to use them:
 Employee Support and Counselling Service.
 Advisers on Harassment - Names of Advisers will be available for you in your
workplace
 Your Manager
 Friends and Colleagues.
 Your Trade Union.
Please also see the County Council’s Confidential Reporting Code.
Managing Employment Issues – templates and guidance
APPENDIX 1
RAISING AN ISSUE FORM
Name of employee …………………………………………………………….…………
Job Title ………………………………… Directorate …………………………………
Service Area ……………………… Line Manager ……………………………………
Details of issue / grievance / complaint:
Please provide details of any action already taken in relation to the issue
Please state the action you would wish to be taken to resolve your Grievance to
your satisfaction.
Signed …………………………………………………. Date ………………………
Date sent to Manager ……………………………….
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