Grievance Procedure - Draft Policy
A grievance is defined as some action that the employer or a colleague has taken or proposes to take which affects him or her, and which the employee considers has been taken for some reason that is not connected with the way he or she is doing the job.
ORGANISATIONAL POLICY
- It is the policy of Bournemouth CVS to ensure that employees with a grievance relating to their employment can use a procedure which can help to resolve grievances as quickly and as fairly as possible.
Aim - In any organisation employees may have problems or concerns about their work, working environment or working relationships that they wish to raise and have addressed. This procedure is intended to provide a mechanism for these to be dealt with fairly and speedily, before they develop into major problems.
- This procedure is also intended to satisfy the minimum requirements of The Employment Act 2002 in relation to grievance procedures.
Informal discussion. - Many problems can be sorted out informally by discussing the issue with the person with whom an employee feels aggrieved, whether this be a colleague, supervisor or manager. This Grievance Procedure is not intended to prevent such informal discussion taking place between employees but it is recognized that this may not resolve the problem or may not be the most appropriate approach in all circumstances.
- Where it has not been possible or appropriate to resolve the problem as at paragraph 4 then the employee should raise the issue with their line manager. The line manager will then attempt to resolve the issue. This process will normally take no more than five working days but where, due to the circumstances in question, it is anticipated that a longer period will be required the line manager will advise the person raising the issue that this is the case and, if not satisfied with this, the employee may consider moving onto the formal stage of the procedure.
- Where the problem concerns the behaviour of the employee’s line manager then paragraph 5 will not be appropriate and the employee should invoke the formal procedure.
Formal Procedure - Where it has not been possible to resolve the grievance informally the employee should consider invoking the formal procedure. In order to invoke the formal procedure they should put their grievance in writing to the Chief Executive of Bournemouth CVS. The employee should set out the nature of and background to their grievance and, if possible, should indicate what action they would like taken to resolve the problem. The employee may consider asking a work colleague or union representative to help them with this letter. Neither side will be represented by a legal firm or individual until the procedures have been exhausted and legal proceedings have begun.
- The Chief Executive will arrange a meeting with the employee to discuss their grievance. This will normally be conducted within five working days. The employee should make every effort to attend this meeting. The employee has the right to be accompanied at this meeting by a work colleague or a trade union representative. Where any person involved in the meeting is unable to attend then a suitable time and date should be arranged within five further working days.
- The Chief Executive will consider the grievance and the action that should be taken. They will set out their response in writing to the employee. This will normally be done within five working days. At the same time the employee will be informed of their right to appeal against the decision.
Appeal - Where the employee is not satisfied with the decision of the Chief Executive they should appeal in writing to the Chair of Bournemouth CVS. The Chair will arrange to conduct an appeal hearing with the employee or will appoint another trustee to do so on their behalf. This meeting will normally be held within five working days. The employee should make every effort to attend this meeting. The employee has the right to be accompanied at the appeal hearing by a colleague or a trade union representative. Where any person involved in the meeting is unable to attend then a suitable time and date should be arranged within five further working days.
- The Chair, or other trustee conducting the hearing, will consider the grievance and the action that should be taken. They will set out their response in writing to the employee, and this will normally be done within five working days. This decision will be final.
Grievances against the Chief Executive of Bournemouth CVS - Where the grievance concerns the behaviour of the Chief Executive of Bournemouth CVS and it has not been possible to resolve the problem informally then it should be raised in writing with the Chair. The Chair will then appoint a trustee to conduct the meeting as at paragraph 8 on their behalf, and to respond as at paragraph 9.
- Should the employee wish to appeal against the decision they should again write to the Chair who will either conduct the appeal hearing themselves or appoint another trustee, not involved in the initial investigation and hearing, to do so on their behalf and to respond in writing. This decision will be final.
Adjournments to meetings - It may be necessary to adjourn a meeting under this procedure in order that advice can be taken or further enquiries made. When this occurs the meeting should normally be reconvened within five working days.
Records - Written records should be made at all stages of the procedure and these will be retained in accordance with the Data Protection Act.
Grievances from former employees - Where a person who has left employment with Bournemouth CVS wishes to raise a grievance a shorter version of the grievance procedure may be appropriate. If both the former employee and the organisation agree in writing to this, or if it is not possible to hold a meeting (e.g. if the former employee has moved abroad) then the following two-stage process can be applied.
(i) The former employee should set out the basis of their grievance in writing to the Chair of Bournemouth CVS.
(ii) The Chair will investigate as appropriate and set out their response in writing to the former employee. This decision will be final.
Employment Tribunals - Employees should note that in order to take certain issues relating to employment to an Employment Tribunal they are required to have first followed the minimum statutory procedure. Sources of further information regarding this are listed below.
Further Information - Further detailed information is available from a number of sources including the Department of Trade and Industry and ACAS web sites. Among other points these include information regarding the conduct of meetings, of representatives at meetings, and of the implications of grievance meetings on subsequent applications to an employment tribunal.
April 2005.
