Procedure. Sharon Ault. Sue Peckham

Transcription

1 PD 603 Type of Document: Grievance Procedure Procedure Version: 1.0 Registered Owner: Author: Sharon Ault Sue Peckham Effective Date: June 2012 Review Date: June 2014 Replaces document (if applicable) Linked Documents: PS 141 Grievance Policy PD 108 Fairness at Work Procedure Functional owner Signed: Date: June 2012 Name: Margaret Monckton Post: ACO Resources Authorised (Head of Dept/FEG) Signed: Date: June 2012 Name: Sharon Ault Post: Head of Human Resources and Organisational Development v1.0 June 2012 Page 1 of 6

2 Table of Contents SECTION 1 VERSION CONTROL...2 SECTION 2 BACKGROUND...2 SECTION 3 AIMS / OBJECTIVES...2 SECTION 4 DETAILS Informal Resolution Mediation Formal Procedure Investigation Appeal Timescales...5 SECTION 5 LEGISLATIVE COMPLIANCE...5 Appendix A - Grievance Template...6 SECTION 1 VERSION CONTROL Version No. Date Post Holder/Author Post 1.0 June 2012 Sharon Ault Head of Human Resources and Organisational Development Reason for Issue New procedure and policy SECTION 2 BACKGROUND The force is committed to creating a working environment in which individuals can express concerns or grievances without fear of recrimination. It is recognised that from time to time individuals may experience difficulties/have concerns in relation to their role, working conditions or work colleagues, which may cause upset. SECTION 3 AIMS / OBJECTIVES The aim of the grievance policy is to provide a framework for addressing work-related issues or complaints with a fair, consistent and proportionate approach. The procedure must be read and in conjunction with PS 141 Grievance Policy. A management guidance document is also available to support managers. SECTION 4 DETAILS 4.1 Informal Resolution Individuals should aim to settle most work related issues informally with their line manager. A constructive informal discussion between the individual and line manager should be the initial step in the grievance process. Many problems can be raised and settled during the course of everyday working relationships. An individual may be accompanied during this informal meeting. v1.0 June 2012 Page 2 of 6

3 All work-related concerns should be discussed in the first instance with the immediate first line manager. If it is not appropriate to discuss with the immediate first line manager, then the issue should be raised directly with that line managers, line manager. It is in both the individuals and the organisations interest to look to resolve these issues before they develop into a major problem. The informal stage is the first step in the grievance process, individuals and the line manager have the right to bypass the informal stage and go immediately to the formal stage if it is deemed appropriate. 4.2 Mediation Mediation is a voluntary step in the grievance procedure and will only take place with agreement of both parties to support resolution. Mediation can, if used correctly, create an environment in which the individuals involved can jointly discuss the issues and find a mutually agreeable solution. After a grievance has been raised, the line manager may ask all parties involved if they would like to have mediation to resolve the issue/s. All parties must agree to the mediation. Details of the mediation scheme is available from the HR Department. Should the mediation process be agreed after the formal grievance has commenced, the grievance will be adjourned until mediation is complete. In the event that no mutually acceptable solution is reached through mediation, the procedure will be reconvened at the point of adjournment. Timescales will be suspended with the adjournment. 4.3 Formal Procedure The complainant should submit a written grievance within 3 months of the alleged incident, to their line manager stating the nature of the complaint and include: 1. Full details of the issues 2. When the issue occurred 3. Who was involved 4. Whether there were any witnesses to the issue 5. Any other relevant information or documentation 6. What a satisfactory resolution would be Appendix A may be used as a template If the complainant s grievance is concerning their line manager, the individual should submit a written grievance to their second line manager or other appropriate manager. The manager in receipt of the grievance will acknowledge receipt of the formal grievance in writing within 5 working days. The line manager will log the grievance and advise the HR partner. The line manager will arrange a meeting to discuss the complaint with the complainant within 10 working days of receipt of the grievance. v1.0 June 2012 Page 3 of 6

4 If, during the meeting with the individual, the line manager determines that an investigation official should be appointed to investigate the grievance in greater detail, the meeting should be stopped. The individual should be advised that an investigation official will be appointed and that they will contact them shortly. The line manager should discuss with the HR Department the appointment of an investigating official who is available and able to carry out the investigation. The line manager may determine that there is not any necessity for an investigation and that the grievance can be completed with the one meeting. If the individual does not agree they have a right to appeal (section 6). The line manager will write to confirm the outcome of the grievance within 5 working days of the meeting. 4.4 Investigation In cases where an investigating official has been appointed, they will write to the complainant to invite them to an investigation meeting. The investigating official will write to any individual/s that they determine maybe able to provide clarity on the issues, to invite them to an investigation meeting. The investigating official gathers the relevant facts and compiles an investigation report and collates a file containing all the evidence collected during the investigation including notes of interviews. The investigating official will write to the complainant to invite them to a meeting to advise the outcome of their grievance. The investigating official will confirm the outcome of the grievance in writing to the complainant. The complainant is advised of their right of appeal against the findings of their grievance. There may be occasions during an investigation where a grievance investigation may lead to the necessity to instigate a misconduct investigation. The individual will be advised if a misconduct investigation is commenced. 4.5 Appeal If the complainant wishes to appeal against the outcome of their grievance, they should do so in writing, within 5 working days of receipt of the notification of the grievance outcome letter, to the manager nominated as the grievance appeal official stating the grounds of their appeal. The grievance appeal official will write to acknowledge receipt of the appeal. The grievance appeal official will arrange a meeting within 10 working days to hear the appeal. The grievance appeal official will determine whether further investigation is required or confirm at the meeting their decision on the appeal. v1.0 June 2012 Page 4 of 6

5 The grievance appeal official will write to confirm the outcome of the appeal within 5 working days of the appeal meeting. 4.6 Timescales The timescales will be adhered to unless events outside of the control of Nottinghamshire Police prevent them from being achieved. SECTION 5 LEGISLATIVE COMPLIANCE This document has been drafted to comply with the general and specific duties in the Equality Act 2010; Data Protection Act; Freedom of Information Act; European Convention of Human Rights; Employment Act 2002; Employment Relations Act 1999, The Acas Code of Practice issued under section 199 of the Trade Union and Labour Relations (Consolidation) Act 1992 and other legislation relevant to policing. v1.0 June 2012 Page 5 of 6

6 APPENDIX A - GRIEVANCE TEMPLATE Name: Department: Job Title: Rank/Grade: Date: Address for correspondence: (home or work or alternative address): Grievance 1 : Please provide a clear and concise description of your grievance including facts, dates, reference any breach of policy, process or UK legislation, who is involved and any witness 2 ) Resolution: Please provide details of the resolution you are seeking. (Please ensure that this is practical and reasonable) 1 This can be continue on a separate paper 2 This will ensure that the manager has the correct information v1.0 June 2012 Page 6 of 6