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 ……………………………….