Fair Treatment at Work Letters Pack M o d e l L e t t e r s Introduction This pack brings together model letters for use when managing Fair Treatment complaints. These model letters contain optional paragraphs and text. Please take care to delete unwanted text and ensure that the finished letter makes sense. Letters should have the appropriate contact details etc. added. Use headed paper and keep file copies. For detailed guidance on how to use each letter please see Fair Treatment at Work Procedure and the “How to…” guides for each situation FT Let 1 Notification of Informal meeting – Person raising complaint FT Let 2 Notification of Informal meeting – Person being complained about FT Let 4 Outcome of Informal meeting – Person raising complaint, Person being complained about present FT Let 5 Outcome of Informal meeting - Person being complained about FT Let 6 Advice on Formal process - Person raising complaint FT Let 7 Advice on Formal process – Person being complained about. FT Let 8 Invitation to Stage A – Person raising complaint & Person being complained about* FT Let 9 Outcome of Stage A Meeting – Person raising complaint and Person being complained about FT Let 10 Confirmation of acceptance of outcome. FT Let 11 Invitation to Stage B meeting – Person raising complaint & Person being complained about* FT Let 12 Outcome of Stage B – Person raising complaint and Person being complained about FT Let 13 Notification of Appeal Appeal Sub Committee – Request Form * Letter should only be issued if the person being complained about has been invited to attend the same Hearing. Produced by Fife Council Human Resources Section Date: 20 April 2011: Issue Number 2.4 Fife Council April 2011 DI77 1 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 1 Date: Dear <<Name>> Fair Treatment at Work Thank you for raising your work concern with me. Fife Council takes all complaints very seriously and, in order to discuss your concern in full and to try and resolve the issue, I would like you to attend a meeting with myself on «day» «date» at «time». The meeting will be held in «venue». Include as applicable - Also present at this meeting will be «other_parties» / I will make alternative arrangements to meet with «other_parties» following the meeting with yourself. A key aim of this meeting is to resolve the concern informally and as early as possible, to reduce the negative impact it can have on both you and on others. The meeting will also try to identify any action(s) that should be taken to resolve the issue and avoid it arising again. Please contact me immediately to confirm your attendance, and to confirm your agreement to the use of mediation. In case you have any doubts about your role in this process, please refer to the HR Guide –“Making a Fair Treatment at Work Complaint : Rights & Responsibilities” If, however, following this meeting you are not satisfied with the outcome you have the right to progress your concern to the formal stage of the Fair Treatment at Work process. If you have any questions regarding the above, or the meeting itself, please do not hesitate to contact me. Yours sincerely «LineManager» Enc. An HR Guide " Making a Fair Treatment at Work Complaint: Rights & Responsibilities” cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 2 Date: Dear <<Name>> Fair Treatment at Work I am writing to confirm our recent discussion, in which I explained that a concern has been raised delete as appropriate - making certain allegations about your behaviour at work / about your interaction with a work colleague. Fife Council takes all complaints very seriously and, in order to resolve this concern, I would like you to attend a meeting with myself on «day» «date» at «time». The meeting will be held in «venue». Include as applicable: Also present at this meeting will be «name_complainer», / Having met with «name_complainer» to get further details of the complaint I would now like to meet with you to hear your version of events. A key aim of this meeting is to resolve the concern informally and as early as possible, to reduce the negative impact it can have on both you and on others. The meeting will also try to identify any action that should be taken to resolve the issue and avoid it arising again. Please contact me immediately to confirm your attendance, and to confirm your agreement to the use of mediation. In case you have any doubts about your role in this process, please refer to the HR Guide “How to Raise a Fair Treatment at Work Concern or Issue (Informal)" (copy enclosed). If, however, following this meeting an acceptable solution is not reached then the employee concerned has the right to progress their concern to the formal stage of the Fair Treatment at Work process. If this is the case, you will be notified accordingly. If you have any questions regarding the above, or the meeting itself, please do not hesitate to contact me. Yours sincerely «LineManager» Enc. HR Guide “Being Complained About – Fair Treatment at Work Rights and Responsibilities” Fife Council April 2011 DI77 cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 4 Date: Dear <<Name>> Fair Treatment at Work I write to confirm the outcome of our meeting, held on «day» «date». Present at this meeting were «all_attendees_including_jobtitle». At this meeting, the key issues raised were: Option 1 - Having understood the issues and checked the facts, my decision in response to your concern is that the following actions should be taken: (document actions, with reasons) Option 2 - Having understood the issues and checked the facts, I have found no evidence that your work concern is substantiated or considered competent under the conditions of the policy. The reasons for this are as follows: Option 3 - During this meeting, both you and «Person being complained about» agreed to the process of mediation. This was successful, and as a result you both negotiated and arrived at a mutually acceptable resolution. This outcome was noted as follows: As a result, I am happy to confirm that your concern(s) have now been resolved informally, and no further action is required at this time. These actions will be reviewed after three months on <<Date & Time>> If, however, you have any further issues please do not hesitate to contact me. Fife Council April 2011 DI77 Option 4 - During this meeting, both you and «Person being complained about» agreed to the process of mediation. Unfortunately, this did not result in a successful outcome and a mutually acceptable resolution was not reached. The key points of this discussion were as follows: You may now wish to progress your concern through the formal process. To request a formal Stage A hearing you must complete a 'Fair Treatment at Work' form, including your reasons. This document can be found on FISH, from your HR Support Team or HR Link Officer. You must then submit this form to «name» within 10 working days of your receipt of this letter. Option 5 - During this meeting, mediation was not used as both parties had not voluntarily elected to use this process. However, you both successfully managed to resolve your issues to a mutually agreeable resolution. This outcome was noted as follows: As a result, I am happy to confirm that your concern has now been resolved informally, and no further action is required at this time. These actions will be reviewed after three months on <<Date & Time>> If, however, you have any further issues please do not hesitate to contact me. Option 6 - During this meeting, mediation was not used as both parties had not voluntarily elected to use this process, and the meeting was unsuccessful in resolving your issues. This outcome was noted as follows: You may now wish to progress your concern through the formal process. To request a formal Stage A hearing you must complete a 'Fair Treatment at Work' form, including your reasons. This document can be found on FISH, from HR Direct or HR Link Officer. You must then submit this form to «name» within 10 working days of your receipt of this letter. I would like to reassure you of my continuing support, and please do not hesitate to contact me if you have any queries regarding the above. Yours sincerely «LineManager» cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 5 Date: Dear <<Name>> Fair Treatment at Work I write to confirm the outcome of our meeting, held on «day» «date». Present at this meeting were «all_attendees_including_jobtitle». At this meeting, the key issues raised were: Option 1 - During this meeting, both you and «Person raising complaint» agreed to the process of mediation. This was successful, and as a result you both negotiated and arrived at a mutually acceptable resolution. This outcome was noted as follows: As a result, I am happy to confirm that the concern made regarding your behaviour at work has now been resolved informally, and no further action is required at this time. This though will be reviewed after three months on <<Date & Time>> Option 2 - During this meeting, both you and «Person raising complaint» agreed to the process of mediation. Unfortunately, this did not result in a successful outcome and a mutually acceptable resolution was not reached. The key points of this discussion were as follows: As a result, «Person raising complaint» may now elect to progress their concern through the formal process. They have 10 working days to submit this request and, if this is their chosen course of action, you will be notified accordingly. Option 3 - During this meeting, mediation was not used as both parties had not voluntarily elected to use this process. However, you both successfully Fife Council April 2011 DI77 managed to resolve your issues to a mutually agreeable resolution. This outcome was noted as follows: As a result, I am happy to confirm that the concern made regarding your behaviour at work has now been resolved informally, and no further action is required at this time. The outcome though will be reviewed after three months on <<Date & Time>> Option 4 - During this meeting, mediation was not used as both parties had not voluntarily elected to use this process, and the meeting was unsuccessful in resolving the issues. This outcome was noted as follows: As a result, «Person raising complaint» may now elect to progress their concern through the formal process. They have 10 working days to submit this request and, if this is their chosen course of action, you will be notified accordingly. Please do not hesitate to contact me if you have any queries regarding the above. Yours sincerely «LineManager» cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 6 Date: Dear <<Name>> Fair Treatment at Work I write following receipt of your completed 'Fair Treatment at Work' form, and to confirm that the formal part of the process will now be instigated. This follows our recent meeting, held on «day» «date», in which a satisfactory outcome was not reached. «other_parties» were also present at this meeting. Delete if not appropriate Fife Council takes such complaints very seriously, and the purpose of this letter is to outline the Stage A formal investigation, which I have commissioned in response to your concern. I have requested that a thorough investigation into this issue is undertaken by <<name>> <<job title>>. They will arrange to interview you and the Person being complained about (the person or people against whom your allegations are raised) delete if not required, and where necessary obtain information from key witnesses. The fair and objective review of your work concern depends, amongst other things, on the confidentiality of those involved. All participants are therefore required to preserve the confidentiality of these matters within the boundaries of the investigation. You will be invited to suggest any witnesses who you believe can add value to the investigation, and at each stage of the investigation you are invited to nominate a colleague or trade union representative to accompany you. In case you have any doubts about your role in this process, please refer to the How to guide –“ Responsibilities and Rights of a Person raising a complaint” It is intended that the investigation and Stage A meeting should be completed within 4 weeks, after which I will make a decision and inform you accordingly. The outcome may involve: Fife Council April 2011 DI77 a) b) c) d) e) taking no action obtaining an apology training / development for certain employees preparing a plan of action for change with review periods referring the matter for action under the Disciplinary Procedure NB - This is not a definitive list, and the outcome will be tailored to reflect the particular circumstances of the case. You must also be aware that, because Fife Council takes such work concerns very seriously, investigations of this nature can take up a lot of management time. For this reason, any groundless concerns raised or any with malicious intent will result in the termination of the process, and action may be taken under the Disciplinary Procedure. I appreciate that this may be a difficult time for you. If you feel that you need additional support during the Fair Treatment at Work process, please do not hesitate to contact the employee counselling service on 0800 970 3980. I would like to reassure you of Fife Council's commitment to resolving your work concern. You will shortly be contacted by <<Name>>, Investigating Officer, to arrange a mutually convenient date and time for your interview. If you have any queries during the investigation please feel free to raise them directly. Yours sincerely «LineManager» cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 7 Date: Dear <<Name>> Fair Treatment at Work I write following our recent meeting, held on «day» «date», at which «other_parties» were also present. As you will be aware, this was held to discuss certain allegations about your behaviour at work. Unfortunately, a satisfactory outcome was not reached from this meeting and a 'Fair Treatment at Work' form has since been submitted (copy attached for your information), thus instigating the formal part of the process. Fife Council takes all such complaints very seriously, and the purpose of this letter is to outline the Stage A formal investigation, which I have commissioned in response to the concern raised. I have requested that <<Name>>, Investigating Officer, undertake a thorough investigation into this issue. He/she will interview you and the Person raising the complaint and where necessary obtain information from key witnesses. The fair and objective review of a work concern depends, amongst other things, on the confidentiality of those involved. All participants are therefore required to preserve the confidentiality of these matters within the boundaries of the investigation. You will be invited to suggest any witnesses who you believe can add value to the investigation, and at each stage of the investigation you are invited to nominate a colleague or trade union representative to accompany you. In case you have any doubts about your role in this process, please refer to the HR Guide –“Being Complained About: Fair Treatment at Work Rights and Responsibilities ". It is intended that the investigation and the stage A meeting should be completed within 4 weeks, after which I will make a decision and inform you accordingly. The outcome may involve: Fife Council April 2011 DI77 a) b) c) d) e) taking no action obtaining an apology training / development for certain employees preparing a plan of action for change with review periods referring the matter for action under the Disciplinary Procedure NB - This is not a definitive list, and the outcome will be tailored to reflect the particular circumstances of the case. I appreciate that this may be a difficult time for you. If you feel that you need additional support during the Fair Treatment at Work process, please do not hesitate to contact the employee counselling service on 0800 970 3980. The Investigating Officer will contact you shortly to arrange a mutually convenient date and time for your interview. If you have any queries about the process before you have received this call, please do not hesitate to contact me. Yours sincerely «LineManager» Enc. 'Fair Treatment at Work' form cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 8 Date: Dear <<Name>> Fair Treatment at Work As you are aware, an investigation has recently taken place into the matter raised in the 'Fair Treatment at Work' form. Include if applicable - The Investigating Officer has now concluded his/her investigation and prepared a report of his/her findings (copy enclosed), which I have fully reviewed. I am now writing to invite you to attend a formal Stage A meeting, which I will chair, on «day» «date» at «time». The meeting will be held in «venue». Also present at this meeting will be «other_parties» Delete if not appropriate. The purpose of this meeting is to review the facts of the case and discuss the options that have arisen from the investigation / review. I will then make an informed decision, and will confirm any actions that are necessary as a result of these findings. Should there be any particular points in the report that you would wish clarification on at the meeting, it would be helpful to be made aware of these by <<date>>. The Fair Treatment at Work procedure specifies that, if you wish, you may be accompanied or represented by a colleague or trade union representative who has not been involved in the issue under investigation. In addition, «name», the Investigating Officer, may also attend to clarify points in his/her report. Once the meeting has taken place, I will confirm my decision in writing to you within 10 working days. Please contact me immediately to confirm your attendance, and refer to the HR Guide –“Making a Fair Treatment at Work Complaint: Rights & Responsibilities”/ Being Complained About: Fair Treatment at Work Rights and Responsibilities" (Delete as appropriate), which was issued previously. Fife Council April 2011 DI77 Person raising complaint only - If, following this decision, you continue to be dissatisfied with the outcome you have the right to progress your concern to Stage B of the process. If you have any questions regarding the above, or the meeting itself, please do not hesitate to contact me. Yours sincerely «Manager» Enc. Formal Investigation Report (if applicable) cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 9 Date: Dear <<Name>> Fair Treatment at Work I am writing to confirm my decision following the recent Stage A meeting, held on «day» «date». Present at this meeting were «all_attendees_including_jobtitle». At this meeting, the key issues discussed were: Option 1 - I have given careful consideration to all of the issues presented to me, and my decision is that the complaint is upheld. This decision has been taken within the Fair Treatment at Work framework. As a result, the following details the actions that should be taken: (document actions, with reasons) These actions will be reviewed after three months on <<Date & Time>> Option 2 - I have given careful consideration to all of the issues presented to me, and my decision is that the complaint is dismissed due to lack of evidence. This decision has been taken within the Fair Treatment at Work framework. The reasons for this are as follows: Person raising complaint only - If you do not believe that your complaint has been adequately resolved at this stage, you can ask for a further review of the case. You must complete in full, including the reason for your request, the attached 'Stage B Formal Review - Request Form' (copy enclosed) and Fife Council April 2011 DI77 send it to «name & Job Title» within 10 working days of your receipt of this letter. I would like to reassure you of Fife Council's continuing support for all participants in the investigation. Please contact your Line Manager if you have any further queries. Yours sincerely «Manager» Enc. 'Stage B Formal Review - Request Form' - Person raising complaint only cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 10 Date: Dear <<Name>> Fair Treatment at Work As you will be aware, over the past few weeks the matter raised in the 'Fair Treatment at Work' form has been investigated and reviewed under the formal stage of the process. I am writing to confirm that the outcome has now been resolved to a satisfactory conclusion, and will not be pursued any further under the Fair Treatment at Work process. Thank you for your continued co-operation during this time, and in reaching an acceptable resolution for all. If you have any further queries or issues, please do not hesitate to contact me to discuss. Yours sincerely «LineManager» cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 11 Date: Dear <<Name>> Fair Treatment at Work As you are aware, over the past few weeks the matter raised in the 'Fair Treatment at Work' form has been investigated and a decision made under Stage A of the Fair Treatment at Work process. It has since been requested that this decision be reviewed at the next stage of the process, Stage B. I am writing, therefore, to invite you to attend a formal Stage B meeting, which I will chair, on «day» «date» at «time». The meeting will be held in «venue». Include if applicable - Also present at this meeting will be «other_parties». The purpose of this meeting is to review the facts of the case and discuss the options that have arisen from the investigation / review, and to review the outcome of the Stage A resolution. I will then make an informed decision, and will confirm any actions that are necessary as a result of these findings. The Fair Treatment at Work procedure specifies who you may be accompanied by or represented by at the meeting. If you wish, you may be accompanied or represented by a colleague or trade union representative who has not been involved in the issue under investigation. In addition, «name», Investigating Officer, and any witnesses to the case may also attend to clarify any points. Once the hearing has taken place, I will confirm my decision in writing to you within 10 working days. Please contact me immediately to confirm your attendance, and refer to the HR Guide –“Making a Fair Treatment at Work Complaint: Rights & Responsibilities” which was previously issued. Person raising complaint only - If, following this decision, you continue to be dissatisfied with the outcome you have the right to progress your concern on to the formal Appeal stage in the process. Fife Council April 2011 DI77 If you have any questions regarding the above, or the meeting itself, please do not hesitate to contact me. Yours sincerely «Manager» cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 12 Date: Dear <<Name>> Fair Treatment at Work I am writing to confirm my decision following the recent Stage B meeting, held on «day» «date». Present at this meeting were «all_attendees_including_jobtitle». At this meeting, the key issues discussed were: Option 1 - I have given careful consideration to all the issues presented to me, and my decision is that the complaint is upheld. This decision has been taken within the Fair Treatment at Work framework. As a result, the actions that should be taken are as follows: (document actions, with reasons) These will be reviewed after three months at a meeting to be held on <<Date & Time>>. Option 2 - I have given careful consideration to all the issues presented to me, and my decision is that the complaint is dismissed due to lack of evidence. This decision has been taken within the Fair Treatment at Work framework. The reasons for this are as follows: Person raising complaint only - If you do not believe that your complaint has been adequately resolved at this stage, you have the right to request that your concern be further reviewed by the Appeals Sub-Committee. You must complete in full, including the reason for your request, the attached 'Appeals Sub-Committee - Request Form' (copy enclosed) and send it to The Head of Fife Council April 2011 DI77 Performance & Organisational Support within 10 working days of your receipt of this letter. The Appeals Procedure should also be referred to for guidance. I would like to reassure you of Fife Council's continuing support for all participants in the investigation. Please contact your Line Manager if you have any further queries. Yours sincerely «Manager» Enc. 'Appeals Sub-Committee - Request Form' - Person raising complaint only cc <<Name>>, Investigating Officer Fife Council April 2011 DI77 PRIVATE AND CONFIDENTIAL <<Name>> <<Address>> Direct Line: E-mail: Our Ref: FT Let 13 Date: Dear <<Name>> Fair Treatment at Work - Appeal Notification As you are aware, over the past few weeks the matter raised in the 'Fair Treatment at Work' form has been investigated and reviewed at both Stage A and Stage B of the Fair Treatment at Work process. It has since been requested that this decision be further reviewed by the Appeals Sub-Committee. I am writing, therefore, to confirm that you will be contacted to attend a formal hearing by the administrator for the Appeals Sub-Committee (this will be the earliest date upon which all parties are available). The purpose of this hearing is to review the facts of the case and discuss the options that have arisen from the investigation / review, and to review the outcome of both the Stage A and Stage B resolutions. The Appeals SubCommittee will then make an informed decision and will stipulate any necessary actions required as a result of these findings. You may be accompanied at the hearing by a colleague or trade union representative, if you wish. In addition, «name», Investigating Officer, and any witnesses to the case may also attend to clarify any points. Once the hearing has taken place, the decision of the panel will be confirmed in writing to you within 10 working days. Please contact me immediately to confirm your attendance. You may wish to refer to the Appeals Policy and Procedure. The decision of the Appeal Sub-Committee is final and the Fair Treatment at Work process ends at this stage, unless it is agreed that the concern be referred to National Level where it may be considered by the relevant National Joint Council. Fife Council April 2011 DI77 If you have any questions regarding the above, or the hearing itself, please do not hesitate to contact me. Yours sincerely «Manager» Enc: Appeals Policy and Procedure cc <<Name>>, Investigating Officer Administrator for the Appeals Sub-Committee Fife Council April 2011 DI77