Grievance policy and procedure

Transcription

1 Grievance policy and procedure Code: HR3.4 Issue number: 2 Lead Executive Director of Nursing, Therapies and Patient Involvement Author with contact details Associate Director of Workforce Development Responsible Committee/Sub Workforce and OD Sub Committee Committee Document approved by & date: Workforce and OD Sub Committee 13 th July 2009 With recognised trades unions / professional bodies (staff side) Document consultation: CNPC and LNC Patient and Public Involvement (outline any PPI input into PPI representation at Workforce and OD Sub Committee policy and associated impact on service users and carers) What type of document is this Policy and Procedure (delete as appropriate) Document applicable to (Identify by location and staff All employees /locums working for the Trust groups): If new document, reason for N/A development: Synopsis outlining document Sets framework for management of grievances aims: Implementation Date: July 2009 How will the implementation of Within HR and via reports to Workforce and Organisational this document be monitored Development Sub Committee and reviewed Review Date (default 2 years 1 ): July 2011 Document to be read In Other HR policies conjunction with: Financial resource implications of this document and how these None arise directly are going to be addressed: Is this document carried out wholly or in part by contractors, or organisations with which the Applies solely to directly employed CWP workforce Trust has a service level agreement, and if so state the relevant contractor 1 Check with Clinical Governance/Risk Manager to ensure that there is not an external requirement that determines review date Associate Director of Workforce Development Page 1 of Jan-15

2 Document Change History (changes from previous issues of policy (if appropriate) : Issue Number 1 Page Changes made with rationale and impact on practice Date Total Policy reviewed to ensure meets need of Trust and complies with new ACAS Code of Practice on disciplinary and grievance procedures June 2009 Associate Director of Workforce Development Page 2 of Jan-15

3 CONTENTS SECTION SECTION HEADING PAGE 1 Introduction 4 Content of policy 2.1 Policy purpose In implementing the policy, it is an expectation that: Policy scope Principles Status quo 6 3 Duties and responsibilities 6 4 Grievance procedure 7 APPENDICES Appendix 1 - Examples of the scope of application of the grievance policy and procedure Appendix 2 - Flowchart to show 3 stages of the grievance procedure Appendix 3 - Registration of a grievance Appendix 4 - Outcome(s) from stage 1 informal grievance meeting 15 Appendix 5 - Stage 2 invite letter 16 Appendix 6 - Specimen stage 2 outcome letter Appendix 7 - Grievance appeal meeting stage 3 Appendix 8 - Outcome from stage 3 grievance hearing Appendix 9 - Training needs analysis for the approved document Appendix 10 - Equality and diversity/human rights impact assessment Associate Director of Workforce Development Page 3 of Jan-15

4 1. Introduction Cheshire and Wirral Partnership NHS Foundation Trust (the Trust) encourages free and open communication between staff and management to best ensure that questions and problems arising during the course of employment can be raised and responded to / dealt with / resolved as quickly as is reasonably practicable. The core purpose of the Trust s Grievance Policy and Procedure therefore, is to provide a framework within which that should happen (with a number of exceptions see Section 2.3 below). The content of this document has been developed through a process of consultation between management and staff representatives within the Trust and applies generally to all employees within Cheshire and Wirral Partnership NHS Foundation Trust (including clinicians). An underlying premise of this procedure is that all parties will seek to resolve grievances at the earliest possible point after being raised. That requires that any employee / group of employees raising a grievance must be able to explain to management from the outset what their reasonable desired solution is. Grievances are concerns, problems or complaints that employees raise with their employers (the Trust). The Trust seeks to comply with the principles set out in the ACAS Statutory Code of Practice on Discipline and Grievance (the Code) and its own procedure set out below. Grievances or disputes raised by staff side body will be handled in line with the process outlined in the Partnership Agreement. 2. Content of policy 2.1 Policy purpose The purpose of the Trust s Grievance Policy and Procedure is to provide a framework within which: employees can raise with management their dissatisfaction with specific significant workplace issues and have those matters considered / addressed; any statutory responsibilities falling to management in respect of dealing with workplace grievances can be met; management can demonstrate it has dealt fairly and reasonably with individual workplace grievances brought to its attention; The internal arrangements for monitoring grievances and, as necessary, ensuring that lessons to be learned are clear; and The respective roles and responsibilities of everyone involved in a matter of grievance are clearly set out. 2.2 In implementing the policy, it is an expectation that: The over riding preference is to seek to resolve issues of grievance as closely as possible to its point of their origin, preferably by swift, informal action; Management expect any employee raising a grievance to do so with a clear view as to what a reasonable desired remedy to the problem is and that that is made clear to management at the outset; This policy / procedure is accompanied by detailed guidance to managers on how matters of grievance should be handled. 2.3 Policy scope This policy and procedure applies to all direct Trust employees and locums / temporary agency staff employed by other organisations but working with the Trust at the time of the issue of grievance arising. It also applies to grievances raised by one or more members of staff. Associate Director of Workforce Development Page 4 of Jan-15

5 Generally, any workplace issue arising as a result of their employment with the Trust may be raised with management under this policy, unless it is properly covered by some other explicit policy. Examples of matters which do not fall to be dealt with under the grievance procedure are: Personal pay and banding matters; Allegations of harassment and discrimination; Issues arising directly from the Trust meeting its statutory obligations as an employer; Issues arising directly from the Trust directly meeting the requirements of central government, for example in reporting; Matters that are the subject to the current application of the disciplinary procedure; Matters relating to the safeguarding of vulnerable service users; Matters falling within the remit of - or being investigated by - external organisations; Experience shows that there are some frequently raised questions with regard to the scope of the application of a grievance resolution procedure. Examples are set out at Appendix Principles A grievance must be capable of resolution by reasonable Trust management action; Management is responsible for ensuring that concerns in the work-place are addressed but in respect of complex issues, may only be able to do so where concerns raised have been thoroughly examined and reasonable action considered: that may take time; Management will always seek to actively promote resolution of a grievance at an informal level. Where the employee s requested remedy has been met at the informal level, no escalation of the same grievance to the formal stages of procedure will be allowed; The possibility of an informal resolution to all workplace concerns raised will always be considered prior to allowing access to the formal stages of the procedure; Management expects that, having raised a grievance, an employee will co-operate fully with management in seeking a reasonable solution / remedy; Management will investigate all allegations that an employee who has invoked the grievance procedure has been subsequently victimised as a result in any way; In the event of management deciding that the reasonable resolution to a particular grievance requires immediate escalation of the issue to the Trust Board Appeals Sub Committee - without going through the intervening stages - that view will be discussed with the employee / the employee s (trade union/professional body) support person with the aim of reaching agreement; An employee has the right to be accompanied by a recognised trade union / professional body representative or workplace colleague throughout all formal stages of the grievance procedure; An employee will have the right of appeal against the decision of any formal grievance hearing process; In the interests of natural justice (justice delayed being justice denied), management will seek to complete all stages of a formal grievance process as quickly as is reasonably practicable and actively seek to avoid undue delay; All employees of the Trust are required to co-operate fully in enabling managers to resolve issues of grievance. Failure to do so may result in the grievance procedure being terminated by management after discussion with the employee / their staff side representative; Records held as a result of the application of any part of the Trust s grievance policy / procedures will be treated as confidential and be held in accordance with the Trust s records keeping policies, shaped in accordance with the provisions of Data Protection Act 1998; Performance standards are built in to the disciplinary procedure and the Associate Director of Workforce Development is responsible for ensuring that monitoring takes place, that actual performance is reported from time to time to the Workforce and Organisation Development Sub Committee (or any successor committee) and that any recommendations for improving performance are made. Associate Director of Workforce Development Page 5 of Jan-15

6 2.5 Status quo In normal circumstances, the raising of a grievance has the effect of meaning that whatever practice / circumstances existed prior to its submission continue until either a resolution is agreed or the grievance procedure has been exhausted (i.e. status quo). Status quo may not apply where management determines that: There has been an administrative error in the application of the employee s personal terms and conditions of employment; It is considered that the maintenance of the status quo is likely to be detrimental to the health, safety and welfare of service users, carers, members of staff or anyone else; The business of the Trust would be unduly affected by allowing a delay There would be a significant impact on other members of the workforce (for example, in implementing team or service wide structure changes); The employee has failed to co-operate with management in resolving the issue of grievance (for example, failing to attend a grievance hearing); Where doing so would be / might result in a breach of legislation. 3. Duties and responsibilities Individual employees will: Initially raise informally any concerns they have about matters relating to their employment with their immediate line manager; Make clear to their line manager what their preferred (and reasonable) remedy would be; Co-operate with management in order to try and resolve their grievance at the earliest possible point; Make attendance a personal priority at a formal hearing called to consider a grievance they have raised. Managers will: Treat all grievances seriously and in accordance with this policy; Having established an employee s preferred remedy, make all reasonable attempts to resolve grievances informally and swiftly; Look to apply the provisions of this policy and associated guidance in an effective, fair and consistent way; Aim to adhere to the timescales within this policy as far as is reasonably practicable. Where this is not going to be possible, the manager must make clear to the employee when a resolution can be reasonably expected possibly arranging for another manager to conclude the matter; Seek the advice of the Operations HR service as necessary at the informal stage; Discuss with the Operations HR service any intention to invoke the formal stages of the grievance procedure; Maintain copies of documentation and a written chronology of events in respect of all grievances. Senior managers will: Ensure that managers within their Division or function apply the agreed policies and protocols for dealing with grievances in a fair and consistent way; Ensure line managers are trained in the application of the Trust s grievance and disputes policy procedure and associated procedures and practices. Staff Side representatives will: Contribute to the development of procedures and protocols and generally work in partnership with Human Resources in looking to ensure that the Trust s grievance policy is applied reasonably and fairly; Advise individual members of their respective unions / professional associations regarding the raising of grievances and, where the employee wishes it, to accompany them at Associate Director of Workforce Development Page 6 of Jan-15

7 informal meetings and formal grievance hearings; Be consulted during the course of any review of this procedure and accorded the opportunity to comment on reviews of its application undertaken from time to time by the Associate Director (Workforce Development). Human Resources will: In consultation with recognised trade unions / professional bodies and with the agreement of Operations Board, develop appropriate good practice policies and protocols for the effective management of grievances; Produce, issue and keep under review written guidance for line managers in implementing the policy and associated procedures; Attend all formal grievance meetings; Ensure that both managers and accredited Trade Union representatives have access to appropriate training to enable them to implement this policy effectively; Monitor formal grievances across the Trust and provide management information so that appropriate action can be taken where necessary and develop ideas for consideration at policy review periods. Also maintain a case oversight role on the progress of all formal grievance cases; Train, support and advise line managers on the application of the grievance policy and associated procedures and practices, both generally and in connection with individual employees (including at formal hearings arranged as a result of the application of this policy); Maintain a watching brief on developments in employment law in respect of grievance matters and the results of the application of this policy - ensuring lessons arising are captured, brought to the attention of senior managers and reflected in the advice given to line managers; Track professional good practice changes in thinking on the management of grievances and generating initiatives for the consideration of Operations Board. 4. Grievance procedure The grievance procedure is a staged process that consists of 2 distinct elements: 1. Informal process (Stage 1); followed by 2. Formal process (Stages 2 and 3). See Appendix 2 for a summary flowchart of the process. Only in exceptional circumstances should the formal part of the procedure be initiated before the informal process has been concluded and no resolution has been found at that stage. STAGE 1 - INFORMAL STAGE Employee(s) who have a concern / complaint arising from, or directly relating to their employment with the Trust are encouraged to raise and seek to resolve matters with their immediate line manager as part of their normal working relationship. If the concern / complaint is about the immediate line manager, employees should raise the issue with the manager of their immediate line manager. In raising a work place issue, the employee should be clear as to the reasonable remedy they would wish to see agreed as a response. The Trust expects that both managers and employees will make every effort to resolve issues quickly at this informal stage, to the mutual satisfaction of both parties. The dates of meetings held under the informal procedure - and the outcome reached - should be recorded. Associate Director of Workforce Development Page 7 of Jan-15

8 The following procedure must be adopted: 1. Employee(s) register(s) the grievance with their immediate line manager, either verbally or in writing, including indicating their preferred remedy; 2. The line manager meets with the employee(s) at the earliest opportunity and, in any case, within 5 working days of being notified of the grievance, in order to ensure they have a full understanding of the grievance and the employee s preferred solution. If a decision can be made at that point, the employee should be so advised; 3. If the manager cannot give a decision at the end of the first meeting (above), a further meeting should be arranged at which a decision can be given. That meeting should take place within a further 5 working days: if that is not going to be possible, the manager must inform the employee when a response will be made; 4. In the event of it not proving possible to resolve the grievance at this 1 st stage, the manager will write to the employee summarising their understanding of the grievance, the employee s preferred remedy and the remedy which the manager has been able to commit to / introduce. That letter should be sent to the employee within 5 working days of the date of the last joint meeting to discuss the grievance. Included in that letter should be the details of how the employee may move the grievance on to the formal stage (stage 2), should they wish to do so. The letter will include the name / location of the manager to whom the stage 2 request should be made (in writing): this will normally be the line manager of the stage 1 manager. STAGE 2 FIRST FORMAL STAGE Where stage 1 of the grievance has not been successful, the following procedure should be adopted: 1. Within 5 working days of receiving the stage 1 decision, the employee whose grievance was not resolved at that earlier stage should submit their grievance and their preferred remedy in writing to the manager of the stage 2 process (see above), stating that they wish the matter to be addressed as a formal grievance. They enclose with the letter a completed Registration of Grievance form (see appendix 3) and should also make clear in the letter: Brief details of what was covered in the informal stage including where, when and who was present at the meeting; The reasons why they are not satisfied with the outcome or response from the informal discussion. 2. The stage 2 manager should acknowledge receipt of the grievance in writing and arrange to meet with the employee to discuss the grievance within 5 working days. If no swift resolution is achieved at that discussion, the Stage 2 manager should: Consider whether an investigation is required into the matters being grieved about and, if so, commission it; If no investigation is required, contact HR to seek the support of an HR adviser and to discuss setting up a formal hearing within 15 working days (to be chaired by a senior manager (band 8c or above) and invite both parties to attend that hearing; 3. If no investigation is required, the Stage 2 manager should: Require both parties to submit written statements of case, to be with the human resources adviser a minimum of 5 working days prior to the hearing date; and Complete the appropriate fields in the Registration of Grievance form and forward a copy to Human Resources. Associate Director of Workforce Development Page 8 of Jan-15

9 4. If an investigation is required, the stage 2 manager should ensure that the investigating officer completes their enquiries swiftly and produced a report including recommendations for dealing with the grievance. The investigating officer should seek to complete the investigation within 15 working days. If this is not possible the time scale should be notified to the relevant parties. The investigating officer will be required to submit their findings / conclusions to a hearing. Upon completion of the investigation, the stage 2 manager should therefore: Complete the appropriate fields in the Registration of Grievance form and forward a copy to Human Resources; In conjunction with the HR adviser, trigger the arrangements for having a formal grievance hearing (with a senior [band 8c and above) manager as Hearing Officer); Circulate the investigating officer s report to both parties and the Hearing Officer; Invite the investigating officer and both parties to attend a hearing set within a further 15 working days; Require both parties to submit written statements of any case in addition to that of the investigating officer s findings, to be with the human resources adviser a minimum of 5 working days prior to the hearing date; 5. The stage 2 Hearing Officer (supported by an HR Manager) will reach a decision at the conclusion of the hearing and advise the parties orally, confirming the decision in writing within 5 working days of the date of the hearing; 6. The stage 2 Hearing Officer s letter should give the complainant full details of the decision and explain how the employee may appeal if they wish to do so. The letter will include details of how to submit any appeal (to the Associate Director of Workforce Development). STAGE 3 FINAL APPEAL STAGE Where the aggrieved employee remains dissatisfied with the result of the Stage 2 hearing, the following procedure should be adopted: 1. The employee submits an appeal in writing to the Associate Director of Workforce Development within 10 working days of their receipt of the stage 2 outcome letter. In that letter, the employee must make clear the basis of their appeal and highlight the difference between their preferred reasonable remedy (as expressed at stage 2) and the decision reached by the stage 2 Hearing Officer. 2. The Associate Director of Workforce Development will arrange an Appeals Sub Committee hearing, comprising stage 3 of the grievance procedure. That will be convened as quickly as is reasonably practicable (but in no case sooner than 10 working days after receipt of the letter of appeal) and will comprise: A Sub Committee of 3 members (2 non Executive Directors and 1 Executive Director with an HR Adviser; Unless the Associate Director of Workforce Development agrees that new information has come to light, the circulation - 10 working days in advance of the hearing - of the same papers used at the stage 2 grievance procedure; The stage 2 Hearing Officer representing management; 3. Unless agreed by the Associate Director of Workforce Development, no additional papers or information shall be admitted at the stage 3 appeal hearing; 4. At the hearing, the employee with the grievance will be given the opportunity to explain what outcome they are looking for and why decisions at earlier stages of the procedure were inadequate; Associate Director of Workforce Development Page 9 of Jan-15

10 5. The stage 3 panel will consider both written representations, giving a verbal decision at its close. That will be confirmed in writing within 10 working days of the date of the hearing; 6. The decision of the stage 3 hearing is final. ASSOCIATED MATTERS The point of a grievance is to allow employees to have matters of significant concern to them considered by management and action taken. Consequently, it is expected that employees and any accompanying colleagues / trade union representatives will co-operate fully with management in seeking the earliest possible remedying of issues raised; At the formal stages of the procedure, unless exceptional circumstances are agreed by management to apply, no formal hearing will be postponed at the request of an employee more than once emphasis being on bringing matters to a resolution. A request to postpone a second time will normally lead to the management concluding that the employee s complaint has, in effect, been withdrawn and the employee will be so advised in writing; Where a grievance has been raised by an employee who leaves the employment of the Trust prior to its resolution, the employee will be asked if they wish the matter to be concluded after their departure. Where a grievance is raised by an employee after they have left the employment of the Trust they will be invited to a meeting in order to seek to resolve the matter. This will be the end of the process. Where it is determined at stage 2 that further investigation into the grievance is required and an Investigating Officer (IO) is appointed, that investigation will be completed and IO s report completed within 15 working days of the IO s interview with the employee. The normal arrangements for the conduct of investigations (as set out within the Trust s disciplinary policy / procedure) will be applied. POSSIBLE OUTCOMES AT ALL STAGES Where a grievance is upheld, possible outcomes at any stage of the procedure may include (but are not limited to): A written apology; An agreement to amend a process or practice; Agreement to a change of behaviour / further monitor progress; Review of a management decision made previously; Referral to another policy / procedure. Associate Director of Workforce Development Page 10 of Jan-15

11 Appendix 1 Examples of the scope of application of the grievance policy and procedure Example 1: An employee raises a grievance about the behaviour of their line manager whilst suspended from work for an act of alleged gross misconduct In these circumstances, if the facts of the grievance are related to the suspension, the employee s concerns will be heard as part of the disciplinary process, not through a separate application of procedure. If the grievance is not connected to the suspension / allegations in any way, dealing with the issues of grievance will be deferred until the employee returns to work. If the employee is dismissed and therefore does not return to the workplace the employee will be given the opportunity to pursue their grievance as an ex employee. Example 2: An employee raises a grievance as a direct result of disciplinary action being taken against him/her In these circumstances the grievance would be dealt with as part of the disciplinary process, not through the Grievance Procedure. Example 3: An employee raises a grievance at the same time as misconduct is alleged against him/her, the two issues are not related in any way and the employee remains at work In these circumstances the two issues will be dealt with simultaneously and be treated separately following the two different procedures. Example 4: An employee raises a grievance that results in the investigation of another employee or manager under the disciplinary procedure Normally in these circumstances the employee raising the grievance will be expected to be a witness in the disciplinary investigation / any disciplinary hearing, in order that his/her complaint may be progressed. Example 5: An employee raises a grievance about the behaviour of another employee which, following investigation, it determined to be vexatious or malicious In these circumstances the employee raising the grievance may find himself/herself subject to disciplinary action. Associate Director of Workforce Development Page 11 of Jan-15

12 Appendix 2 Flowchart to show 3 stages of the grievance procedure Employee raises grievance with immediate line manager verbally STAGE 1 Line manager meets with employee within 5 working days to discuss grievance Line Manager investigates / decides upon action / response (within 5 days) Line Manager to write to employee within 5 days of last meeting to confirm actions/response Matter resolved? Follow formal procedure STAGE 2 NO YES END OF PROCESS Stage 2 Manager meets with employee within 5 working days of receipt of grievance determines next step. If unavoidable, stage 2 hearing set up within 15 working days In cases where an investigation is required timescales are set out in the procedure Matter resolved at stage 2 hearing? YES NO END OF PROCESS Move to stage 3 hearing END OF PROCESS Associate Director of Workforce Development Page 12 of Jan-15

13 Appendix 3 Registration of a grievance Name: Department: Band: Base: Home Address: To: Date: I/We wish to register a grievance against: Details of grievance: Stage of Grievance : Stage 2 (first formal) Stage 3 (final appeal) I/We seek the following resolution of the grievance: I / We will be represented by: of (Trade Union): Date received by Manager: Associate Director of Workforce Development Page 13 of Jan-15

14 Comments of Manager: Signed: Date: Please send a copy of this form to: Head of Human Resources, Redesmere, Countess of Chester Health Park, Liverpool Road, Chester, CH2 1BQ This is for monitoring purposes. Associate Director of Workforce Development Page 14 of Jan-15

15 Appendix 4 Outcome(s) from stage 1 informal grievance meeting Dear NAME, RE: GRIEVANCE OUTCOME STAGE 1 I refer to the meeting that was held in accordance with the Stage 1 of the Trust s Grievance Policy and Procedure, on DATE at TIME in LOCATION to discuss your grievance, which you raised verbally with myself on DATE. At the meeting we discussed BRIEF DETAILS OF GRIEVANCE AND DISCUSSION. Having carefully considered the evidence presented at the meeting, I have decided that DECISION (UPHELD/REJECTED) AND REASONS AND ANY ACTIONS TO DATE (IF APPLICABLE). I hope that you are satisfied with my decision and feel that this matter is now resolved. However, as outlined in the Trust s Grievance Policy and Procedure, if you are not satisfied with my decision, you have the right to proceed to Stage 2 (first formal stage). Should you wish to do this, you are required to complete a Registration of Grievance Form and write to NAME OF STAGE 2 MANAGER, ADDRESS, within 10 working days of receipt of this letter, stating that you they wish the matter to be addressed as a formal grievance. Your letter should also include: Brief details of what has been was covered in the informal stage including where, when and who was present at the meeting. The reasons why you not satisfied with the outcome or response from the informal discussions If a response is not received from you within this period I will assume that you are in agreement with the resolution. Please contact me on TELEPHONE NUMBER if you have any queries. Yours sincerely NAME JOB TITLE Union Representative HR Manager/Advisor file Associate Director of Workforce Development Page 15 of Jan-15

16 Appendix 5 Stage 2 invite letter Dear NAME Re: GRIEVANCE MEETING STAGE 2 I write to confirm, that in accordance with the Trust Grievance Policy and Procedure, a grievance meeting has been arranged for DATE at TIME in LOCATION. At this meeting, we will discuss your grievance that BRIEF DETAILS OF GRIEVANCE. The matter will be heard by myself, supported by HR REPRESENTATIVE (JOB TITLE). Also present will be STAGE 1 MANAGER who undertook the informal investigation into your grievance. In addition, the INVESTIGATING OFFICER who investigated the grievance at Stage 2 will be present, with support from HR REPRESENTATIVE (JOB TITLE). A copy of the Grievance Policy and Procedure is enclosed for your information. You are entitled to be accompanied by a Trade Union Representative or work place colleague. If you have any special requirements that we need to consider for the meeting please advise me in advance e.g. disability access. Please confirm your attendance on TELEPHONE NUMBER as soon as possible; also stating the name of your nominated representative, should you want to exercise this right. If you are unable to attend please confirm the reasons why to me as soon as possible, to enable an alternative meeting to be arranged. Yours sincerely, STAGE 2 MANAGER JOB TITLE Enc. Union Representative HR Manager/Advisor file Associate Director of Workforce Development Page 16 of Jan-15

17 Appendix 6 Specimen stage 2 outcome letter Dear NAME RE: GRIEVANCE OUTCOME - STAGE 2 I refer to the meeting that was held in accordance with the Stage 2 of the Trust s Grievance Policy and Procedure, on DATE at TIME in LOCATION to discuss your grievance, dated DATE OF LETTER. The hearing was chaired by myself, supported by HR REPRESENTATIVE (JOB TITLE). STAGE 1 MANAGER was also present. Your were accompanied by UNION REPRESENTATIVE. At the meeting we discussed BRIEF DETAILS OF GRIEVANCE AND DISCUSSION. Having carefully considered the evidence presented at the meeting, I have decided that DECISION (UPHELD/REJECTED) AND REASONS AND ANY ACTIONS (IF APPLICABLE). I hope that you are satisfied with my decision and feel that this matter is now resolved. However, you have the right to appeal against this decision and if you wish to exercise this right, you should indicate your intention by writing to the APPEAL MANAGER, ADDRESS within ten working days of receipt of this letter. Yours sincerely, STAGE 2 MANAGER JOB TITLE Trade Union Representative / Colleague HR representative File Associate Director of Workforce Development Page 17 of Jan-15

18 Appendix 7 Grievance appeal meeting stage 3 Dear NAME RE: GRIEVANCE APPEAL MEETING STAGE 3 I write to confirm that in accordance with the Trust s grievance policy, a stage 3 grievance appeal has been arranged for DATE at TIME in LOCATION. This appeal hearing will consider the grievance you presented at the Stage 2 hearing on DATE. Your grievance will be heard by NAME (JOB TITLE) and NAME (JOB TITLE) with support form HR REPRESENTATIVE (JOB TITLE). You are entitled, if you wish, to be accompanied by a Trade Union representative or work based colleague. The management statement of case that responds to your grievance will be presented by STAGE 2 MANAGER and HR REPRESENTATIVE (JOB TITLE) and will be forwarded to you at least five working days before the hearing. Please contact me on TELEPHONE NUMBER to confirm your attendance. Yours sincerely, APPEAL MANAGER JOB TITLE Trade Union Representative / Colleague HR representative File Associate Director of Workforce Development Page 18 of Jan-15

19 Appendix 8 Outcome from stage 3 grievance hearing Dear NAME I refer to the grievance hearing that was held in accordance with the Trust s grievance policy on DATE, at TIME in LOCATION to discuss your appeal dated DATE, At this meeting (OUTLINE OF MANAGEMENT CASE, AGGRIEVED EMPLOYEES CASE AND DISCUSSIONS). In response to your appeal, I have decided that DECISION and REASONS. You have now exercised your right of appeal under the Trust s Grievance Policy and Procedure and this decision is final. Yours sincerely APPEAL MANAGER JOB TITLE Trade Union Representative / Colleague HR representative File Associate Director of Workforce Development Page 19 of Jan-15

20 Appendix 9 Training needs analysis for the approved document Please tick as appropriate There is no specific training requirements- awareness for relevant staff required, disseminated via appropriate channels (Do not continue to complete this form-no formal training needs analysis required) There is specific training requirements for staff groups (Please complete the remainder of the form-formal training needs analysis required- link with learning and development department. Staff Group Career Grade Doctor Training Grade Doctors Locum medical staff Inpatient Registered Nurse Inpatient Nonregistered Nurse / Care Assistant Community Registered Nurse Community Non Registered Nurses / Care Assistants Psychologists / Pharmacists Therapists if appropriate Frequency Suggested Delivery Method (traditional/ face to face / e- learning/handout) Is this included in Trust wide essential learning programme for this staff group ( if yes) Clinical bank staff regular worker Clinical bank staff infrequent worker Non-clinical patient contact Non-clinical non patient contact Associate Director of Workforce Development Page 20 of Jan-15

21 Please give any additional information impacting on identified staff group training needs (if applicable) Please give the source that has informed the training requirement outlined within the policy i.e. National Confidential Inquiry/NICE guidance etc ADDITIONAL INFORMATION FOR CONSIDERATION: NAME DATE. Associate Director of Workforce Development Page 21 of Jan-15

22 Appendix 10 Equality and diversity/human rights impact assessment Does the policy include anything that Eliminates discrimination and/or Promotes equal opportunities (Answer yes, no or N/A for each category listed) IS IT RELEVANT? Is there evidence to believe that groups could be treated differentif so, which groups within each category(e.g. under 16 year olds in age category) HOW RELEVANT IS IT? How much evidence do you have 1. None or a little 2. Some 3. Substantial Is there public concern that the policy is discriminatory 2 (Answer yes, no or N/A for each category listed) Race NO NO N/A N/A Gender NO NO N/A N/A Disability NO NO N/A N/A Age NO NO N/A N/A Sexual orientation NO NO N/A N/A Religion or beliefs NO NO N/A N/A Now evaluate your answers by using the criteria provided and underline which describes your policy Relevance Rationale Monitoring 3 High relevance If there is substantial evidence that indicates that groups could be treated differently because of the policy You need to start monitoring the impact of this policy within a year of it being introduced Medium relevance Low relevance If there is some evidence that indicates that groups could be treated differently because of the policy If there is little/no evidence that indicates that groups could be treated differently because of the policy You need to start monitoring the impact of this policy within 2 years of it being introduced: Impact monitored at least every 3 years 2 Could be gauged from surveys, audit data, complaints etc, 3 Policy Reviews Group working with Equality & Diversity/Human Rights Group must monitor the impact of policies through the following channels: results from the national service user survey, the national mental health and ethnicity census, complaints data, PALS feedback, individual systems within clinical services through which ward and community staff liaise with service users and carers i.e. ward meetings, modern matron meetings 4 This assent will be reviewed by the Equality and Diversity/Human Rights group Associate Director of Workforce Development Page 22 of Jan-15

23 Human Rights When developing any policies, policy writers should ask themselves does the policy engage/restrict anyone s Human Rights? What is the Convention of Human Rights? Where can I get more information about this? What should I do if I suspect my policy affects anyone s Human Rights? There are 16 basic rights in the Human Rights Act, all taken from the European Convention on Human Rights. There are 3 types of rights detailed as follows: Absolute- cannot opt out of Right to life these rights under any Prohibition of torture circumstance- cannot be Prohibition of slavery and forced balanced against any public labour interest No punishment without law Right to free elections Right to marry Limited- these rights are subject to predetermined exceptions Qualified- these rights can be challenged in order to protect the rights of other people Abolition of the death penalty Right to liberty and security Right to a fair trial Respect for private and family life Right to Freedom of thought, conscience and religion Freedom of expression Freedom of assembly and association Prohibition of discrimination Protection of property Right to education More details can be found at the Department of Constitutional Affairs (DCA) Publications DCA (Oct 2006) Human rights: human lives a handbook for public authorities, crown copyright DCA (Oct 2006) Making sense of human rights a short introduction, crown copyright DCA (Oct 2006) A Guide to the Human Rights Act 1998, crown copyright You should forward for discussion at the Trust wide Equality and Diversity and Human Rights Group within the Trust- contact Director of Operations, executive lead for Equality & Diversity and Human Rights Please tick one of the following The above has been considered and to the best of my knowledge my policy does not affect any of the human rights listed The above has been considered and my policy does affect a human right article(s) but this has been discussed and qualified at Trust Equality and Diversity and Human Rights Group Associate Director of Workforce Development Page 23 of Jan-15