Individuals have the right to be accompanied by a trade union representative or work colleague throughout the appeal procedure.

Transcription

1 Employee Relations Procedure EMPLOYEE RELATIONS APPEALS PROCEDURE 1 INTRODUCTION In accordance with the ACAS Code Practice, an individual has the right appeal against a decision taken within the, Grievance, Supporting Performance Improvement, Redundancy and Absence Procedure. The appeal procedure provides the individual with an opportunity to put forward their case for appeal and the University to address any unfairness in the original process The appeal hearing is not a re-hearing the original hearing but to consider areas where the individual believes there was insufficient consideration or to consider new evidence. Individuals have the right to be accompanied by a trade union representative or work colleague throughout the appeal procedure. A flowchart the overarching appeal procedure is available in Appendix 1. 2 OBJECTIVES OF PROCEDURE The objectives this procedure are to: Provide an opportunity to address any unfairness in the original process. Provide individuals with the opportunity to challenge the original decision by focusing on specific factors which they believe have received insufficient consideration, or for consideration new evidence that has subsequently become available. 3 PROCEDURE An individual s written outcome letter will include the process to follow should they decide to submit an appeal against the decision. 3.1 Submission an Appeal The individual must submit their appeal to the Director People and OD in writing using the appropriate form within 10 days them receiving the outcome letter. Ideally, the individual should include any evidence/information that they wish to be considered at the appeal hearing at the time submission, but must submit it at least 2 working days in advance the hearing. 3.2 Notification Appeal The individual will be provided with at least 5 working days notice the appeal hearing and will notified in writing : the date, time and location the appeal hearing along the impartial chairing the appeal hearing A copy all available evidence that will be considered during the appeal hearing their right to be accompanied by a trade union representative or work colleague their right to call any witnesses the possible outcomes, appeal upheld, appeal partially upheld or appeal not upheld Employee Relations Procedure Page 1

2 Employee Relations Procedure 3.3 The Appeal The individual should note that an appeal hearing is not intended to repeat the full detailed investigation the original hearing, but to focus on specific factors which they believe have received insufficient consideration, or for consideration new evidence that has subsequently become available. All appeals will be chaired by a who is impartial, has not been involved in the case at any stage and, where possible, will be more senior than the who made the original decision. A representative from the will be present at the appeal hearing to ensure procedures are adhered to and advise s on equitable employment practice and consistency approach. The individual will be given full opportunity to state the grounds their appeal, which may include calling witnesses. The will have the opportunity to respond to each the points raised and to make representation to the appeal committee. When all the evidence has been heard, the appeal hearing will be adjourned to allow the / appeal committee to consider the decision. Potential outcome the appeal hearing will be: Appeal Upheld Appeal Partially Upheld Appeal Not Upheld The outcome the appeal will be issued to the individual, in writing, normally within 10 working days the decision being made. The appeal decision is final and there is no further opportunity for appeal - the internal process has been exhausted. If the appeal is against dismissal and is upheld, the individual will be re-instated and all back pay, to the date dismissal, reimbursed and contractual rights reinstated. Once the internal procedure has been exhausted, and an employee wishes to make a claim to an employment tribunal, they must first notify ACAS and complete an Early Conciliation Notification Form. ACAS fers conciliation to both parties with the aim settling the matter without the need for a legal claim to be lodged. Further information is available from the ACAS website. Procedure Author Employee Relations & Performance Adviser Parent Policy Statement - Employee Relations, People & OD Version 1 Approved June 2018 Procedure Owner Executive Director Human Resources Public Access or Staff Only Access Public Changes and Reason for Changes Reviewed in accordance with relevant timescales and change to policy template Employee Relations Procedure Page 2

3 Employee Relations Procedure Appendix 1: Overarching Procedure Formal Appeal Submitted Individual to submit appeal on appropriate form within 10 Days Acknowledge Receipt Appeal Arrange Appeal Invite individual to appeal hearing Give 5 working days notice & advise the right to be accompanied is an independent Hold Appeal Adjourn meeting to enable further investigation if appropriate Consider outcome and action Confirm outcome in writing Within 10 working days Appeal Upheld Appeal Partially Upheld Appeal Not Upheld Resolution/Action implemented Decision is Final Employee Relations Procedure Page 3

4 Appendix 2: Authority to Take Action Absence Management Procedure Employee Relations Procedure Pressional Services Staff Academic Staff Leadership Forum/ULT Vice Chancellor s Executive Group Sanction Appeal Appeal Appeal Appeal Appeal Stage 1 Stage 2 Stage 3 Stage 4 Dismissal/Summary Dismissal or or Dean or Dean or Employee Relations Procedure Page 4 Notes: for Pressional Services and Academic Staff will consist 1 member University Leadership Team who will act as and 2 members the Leadership Forum. will consist 1 member the Vice Chancellor s Executive Group and 2 members. will consist 3 lay members. The Director People & OD, or Head HR Services/Head HR (Reward, Performance & Employee Relations) will be in attendance at the and.

5 Employee Relations Procedure Appendix 2: Authority to Take Action Procedure Pressional Services Staff Academic Staff Leadership Forum/ULT Vice Chancellor s Executive Group Penalty Appeal Appeal Appeal Appeal Appeal First Written Warning Final Warning Written Alternative Sanction Dismissal/Summary Dismissal or or or or Dean or Dean or or or or Employee Relations Procedure Page 5 Notes: The for Pressional Services and Academic Staff will consist 1 member the University Leadership Team who will act as and 2 members the Leadership Forum. The will consist 1 member the Vice Chancellor s Executive Group and 2 members. will consist 3 lay members. The Director People & OD, or Head HR Services/Head HR (Reward, Performance & Employee Relations) will be in attendance at and.

6 Employee Relations Procedure Appendix 2: Authority to Take Action Grievance Resolution Procedure Academic and Pressional Services Staff Leadership Forum/ULT Direct Reports to Stage 1 - Informal ( ) ( ) Stage 2 Formal () ( ) Stage 3 - Appeal Grievance Appeal Panel Grievance Appeal Panel (3 lay members ) (3 lay members ) (c) Grievances will normally be heard by the. This is subject to exceptions as noted at paragraphs collective grievance or where the is involved in the grievance resolution procedure. (a) Grievance panels will comprise : A who is both the aggrieved individual and the who heard the formal grievance, a member University Leadership Team is the chair. A representative from People & OD will be in attendance to ensure procedure is adhered to. (b) will consist 3 lay members and with Director P&OD or nominee in attendance. Employee Relations Procedure Page 6

7 Appendix 2: Authority to Take Action - Supporting Performance Improvement Procedure First Warning Final Warning Sanction Written Written Alternative Sanction Dismissal/Summary Dismissal Pressional Services Staff Performance Appeal or or Employee Relations Procedure Academic Staff Leadership Forum/ULT Vice Chancellor s Executive Group Performance Appeal Performance Appeal Performance Appeal Dean or Dean or Performance Notes: for Pressional Services and Academic Staff will consist 1 member the University Leadership Team who will act as and 2 members the Leadership Forum. (LF) will consist 1 member the Vice Chancellor s Executive Group and 2 members. will consist 3 lay members. The Director People & OD, or Head HR Services/Head HR (Reward, Performance & Employee Relations) will be in attendance at the and. Employee Relations Procedure Page 7 Appeal

8 Employee Relations Procedure Appendix 2: Authority to Take Action Redundancy Procedure Appeal against Selection Criteria Appeal against dismissal Pressional Services Academic Staff Leadership Forum/ULT Vice Chancellor s Executive Group Notes: for Pressional Services and Academic Staff will consist 1 member the University Leadership Team who will act as and 2 members the Leadership Forum. (LF) will consist 1 member the Vice Chancellor s Executive Group and 2 members. will consist 3 lay members. The Director People & OD, or Head HR Services/Head HR (Reward, Performance & Employee Relations) will be in attendance at the and. Employee Relations Procedure Page 8