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Grievance Procedure
This
grievance procedure applies to all employees of the REC.
In any
working environment, there may be occasions when employees
raise problems, issues or complaints relating their
employment with their line manager. Generally, such
problems are minor and can be resolved informally
without recourse to any other person.
Formal procedures
enable an employee to raise grievances and have them
considered and dealt with in a fair, consistent and timely
manner.
1.0 General principles
1.1 Employees have a right to raise a grievance
relating to their employment with the REC with the following
exceptions:
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matters relating to the grade and/or designation of
their posts.
-
matters relating to tax and/or national insurance.
-
the
operation of the pension scheme.
-
disciplinary matters.
-
early retirement, ill health retirement, and
selection for redundancy.
-
recruitment and selection matters.
-
the
non-confirmation of appointment of a probationary
period.
-
any
other matters for which separate arrangements are in
operation.
1.2 If,
as a result of the investigation of a grievance, it is found
that a disciplinary offence may have been committed by
another employee, appropriate action will be taken in
accordance with the REC’s disciplinary procedure.
1.3 Any
disciplinary or capability process involving an employee,
begun prior to a grievance being lodged by that employee,
should be completed before his/her grievance is dealt with.
Relevant matters arising from such a grievance may be put
forward as evidence in such a disciplinary process by the
employee if he/she so wishes. This would be without
prejudice to an employee’s right to have the original
grievance dealt with under this procedure in due course.
2.0 Procedural matters
2.1
No consideration will be given to any grievance unless it is
raised through this procedure.
2.2 The
procedure aims to ensure that grievances are resolved
effectively and as close as possible to the point at which
they arise.
2.3 Every
effort will be made to deal with grievances as speedily as
possible, but it should be recognised that some cases may
take time to investigate. Specified time limits may be
extended with the agreement of both parties.
2.4 It
is anticipated that, in the majority of cases, grievances
shall be investigated and resolved by the designated
individuals outlined in the procedure. In exceptional
circumstances and in view of the circumstances of the case,
it remains the right of the REC to appoint an external,
independent investigator where appropriate.
2.5
If
an employee leaves the service of the REC, the processing of
the grievance shall cease.
2.6 Generally,
all stages of the grievance procedure should be observed in
sequential order.
3.0 Stage One: Informal
3.1
Any problem, issue or complaint should first be discussed
with the employee’s immediate line manager. (In most cases,
the employee’s immediate line manager will be the
director.) In the case of the director, for the purpose of
the grievance procedure, the immediate line manager will be
deemed to by the chair of the Board.
3.2 The
aggrieved employee may be accompanied by a work colleague or
trade union representative at any stage of the procedure.
3.3 Only
where a complaint involves the unreasonable behaviour of the
immediate line manager, for example, harassment or bullying,
should it be received by the chair of the Board.
3.4 The
manager should reply orally to the grievance as soon as
possible.
3.5 If
the employee is dissatisfied with the reply to his or her
complaint or if no reply is received within ten working
days, a formal grievance may be lodged at Stage Two.
4.0 Stage Two: Formal
4.1
To initiate Stage Two, the employee should set out the main
points of the grievance in writing to his/her immediate line
manager within ten working days of getting the oral
response.
4.2 The
grievance will normally be investigated by the immediate
line manager with whom the complaint was first raised. The
manager must arrange to meet the employee (who may be
accompanied by a trade union representative or a friend) as
part of the investigation process.
4.3 It
is the intention of the procedure at this stage to maintain
a degree of informality, to facilitate discussion and
encourage all parties to look actively for an appropriate
solution.
4.4 The
aggrieved employee should receive a reply in writing within
ten working days of the meeting with the manager.
4.5 If
the aggrieved employee has not received a reply in writing
within ten days or is dissatisfied with the reply received
and wishes to pursue the matter, he or she may refer the
matter to the chair of the Board (Stage Three) within a
further ten working days. (The director only shall refer
the matter to the vice-chair of the Board at Stage Three.)
5.0 Stage Three – Formal
5.1
To initiate Stage Three, the employee should set out why
she/he remains aggrieved and outline the redress she/he is
seeking in writing.
5.2 The
vice-chair of the Board accompanied by two other members of
the Board shall form a grievance panel and shall arrange to
meet with all parties to resolve the matter within twenty
working days. Each party shall have an opportunity to call
witnesses and present written documentation at the grievance
meeting.
5.3 The
vice-chair of the Board shall provide all parties to the
grievance meeting with at least five working days notice of
its date, time and location. All parties shall be required
to submit any written documentation and the names of
witnesses at least two working days prior to the meeting.
5.4 The
objective of the meeting is to seek to resolve the
grievance. The conduct of the meeting will depend upon the
nature of the grievance but the employee shall begin by
outlining the substance of the grievance, why she/he
considers that the response to date is not acceptable and
what further action she/he is seeking to redress the matter.
5.5 The
vice-chair of the Board (or his or her representative who
shall be drawn from the Board) shall be the chair of the
grievance panel.
5.6 If
the grievance panel considers further evidence or
information is required, it may adjourn the meeting to
obtain such evidence.
5.7 At
the end of the meeting, the chair (who is also the
vice-chair of the Board) will summarise the key points of
any agreement reached or, if it has not been possible to
reach agreement, set out his or her observations and
conclusions about what has been discussed and what action,
if any, she or he proposes to take or instruct others to
take. The outcome of the meeting will be confirmed in
writing to all parties within five working days.
5.8 Stage
Three represents the final stage of the grievance process
and the decision of the panel is final and binding on all
concerned.
5.9 Where
a grievance is registered at Stage Three by the director,
the chair of the Board shall observe the arrangements
detailed above, excepting that the grievance panel shall be
chaired by the chair of the Board.
6.0
Review
This
document was approved by Race Equality West Midlands Forum
on 7 February 2002, amended October 2007 and reviewed on an
annual basis by the Chief Executive with the next date of
review scheduled for January 2009.
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