GRIEVANCE POLICY & PROCEDURE

Transcription

1 Directorate of Organisational Development & Workforce GRIEVANCE POLICY & PROCEDURE Reference: DCP084 Version: 2.2 This version issued: 27/03/15 Result of last review: Minor changes Date approved by owner (if applicable): 27/03/15 Date approved: 01/10/13 Approving body: Trust Executive Team Date for review: October, 2016 Owner: Neil Pease, Director of Organisational Development & Workforce Document type: Policy Number of pages: 8 (including front sheet) Author / Contact: Jane Heaton, Deputy Director of Organisational Development & Workforce Northern Lincolnshire and Goole NHS Foundation Trust actively seeks to promote equality of opportunity. The Trust seeks to ensure that no employee, service user, or member of the public is unlawfully discriminated against for any reason, including the protected characteristics as defined in the Equality Act These principles will be expected to be upheld by all who act on behalf of the Trust, with respect to all aspects of Equality.

2 Contents Section... Page 1.0 Purpose Area Duties Actions Principles Procedure Monitoring Compliance and Effectiveness Equality Act (2010) Associated Documents / References Definitions Consultation Dissemination Implementation Equality Act (2010)... 6 Appendices: Appendix A - Stage II Formal Grievance Meeting... 7 Appendix B - Stage III Final Appeal Grievance Meeting... 8 Printed copies valid only if separately controlled Page 2 of 8

3 1.0 Purpose Employees of Northern Lincolnshire and Goole NHS Foundation Trust who feel they have been unfairly treated have the right to express their grievance. The aim of this policy and procedure is to ensure that grievances are properly considered and are dealt with fairly and consistently. It is anticipated that the majority of grievances will be satisfactorily dealt with informally at manager level and that the best possible service to patients will be maintained throughout the process. 2.0 Area 2.1 This policy and procedure applies to all staff excluding the Chief Executive and members of the Trust Board, for whom separate arrangements apply. 2.2 It covers both individual and collective grievances regarding issues such as terms and conditions of service, health and safety, work relations, new working practices, working environment, organisational change and discrimination. If you have a concern regarding Bullying and Harassment please refer to the Bullying and Harassment Policy. If you have a concern which is not about you personally, please refer to the Speaking Out Policy or Local Counter Fraud Policy. If you are unsure which policy is appropriate, please contact Human Resources or your Trade Union representative. 3.0 Duties 3.1 Individuals should raise issues with their immediate manager in the first instance and make every effort to resolve the matter informally. 3.2 Managers should attempt to resolve the matter with the individual in the first instance. Where this is not achieved then the formal grievance process should be progressed in line with this document. 3.3 Trade Union Representatives should attempt to work with the individual s and the managers in order to resolve any grievances informally in the first instance. 3.4 Human Resources should provide advice on the application of this policy/procedure. 4.0 Actions 4.1 Principles The aim of this document is to ensure that all grievances are resolved fairly and consistently. This document has been formulated in line with, and following the principles of ACAS guidelines Grievances, as described by ACAS, are concerns, problems or complaints that employees raise with their employer which include terms and conditions of employment, health & safety, work relations, new working practices, working environment, organisation change and discrimination. Printed copies valid only if separately controlled Page 3 of 8

4 4.1.3 The grievance process will not be used as a barrier to implementing change, but if a grievance is subsequently upheld then any change will be reviewed in light of the outcome and if deemed appropriate and following discussion with Human Resources and Staff Side any change may be reversed All grievances should try and be resolved informally initially with their manager within a week of the act for the grievance taking place. The individual may wish to talk with a member of the Human Resources team and/or their Trade Union representative who is able to offer advice At all stages of the formal grievance process the individual may be accompanied by a Trade Union Representative or work colleague. Any formal grievance should be lodged in writing to the manager and HR within a two week period of being unable to settle this informally Managers cannot use this process to resolve differences with their staff and should seek to resolve issues through their usual management procedures Where it is considered that an individual or group is pursuing a false or vexatious grievance or the timescale exceeds that in 4.1.5, this should be reviewed by Human Resources and the individual s Trade Union representative (where applicable) before allowing it to proceed to the next stage. If it is found that the grievance is false or vexatious then the matter may be referred to the Disciplinary Policy/Procedure for progressing. 4.2 Procedure Informal (Stage 1): Staff should initially discuss any grievances they have with their manager in order to attempt to resolve this matter. Only when this has been done can an individual take out a formal grievance. The only exception to this rule is if the individual feels unable to proceed on an informal basis and has discussed and agreed this with Human Resources and the individual s Trade Union representative (where applicable). This also applies to collective grievances and the Trade Unions should discuss this in the first instance with the relevant manager and Human Resources to try and resolve the concerns The Trust wishes to promote the prompt resolution of disputes. In the event of a matter arising relating to grievance, and if the dispute cannot be resolved through normal line management channels, the parties in the first instance and only where it is appropriate to do so and both parties are in agreement, shall submit to formal workplace mediation by a trained workplace mediator. The mediation shall take place within 30 days of the date on which the parties gave notice of their desire to mediate the dispute. If mediation does not resolve the issues, the individuals concerned will retain their entitlement to pursue matters under the grievance and it will not affect their statutory rights Formal Grievance Meeting (Stage II): If the matter has not been resolved informally or through mediation, then a formal grievance should be submitted in writing to the manager and copied to Human Resources A grievance meeting will be arranged in line with Appendix A Printed copies valid only if separately controlled Page 4 of 8

5 The outcome of the meeting will be confirmed to all parties in writing usually within 7 working days of the meeting If the employee(s) is not satisfied with the outcome they may appeal that decision in writing to Human Resources. A board level appeal meeting will be convened in line with Appendix B Formal Appeal Meeting Final Stage (Stage III): The final formal appeal meeting will be held with members of the Trust Board and will be arranged and conducted in line with Appendix B The outcome of the meeting will be confirmed to all parties in writing usually within 7 working days of the meeting. This will be the final opportunity within internal procedures for an employee(s) Note: In the event of new evidence which was not available for the first formal meeting then that meeting will be reconvened to consider the implications of effects of the new evidence. 5.0 Monitoring Compliance and Effectiveness 5.1 The Director of OD & Workforce will be responsible for reviewing the policy on a 3 yearly basis in conjunction with staff side colleagues and other key stakeholders to ensure the policy remains fit for purpose; identify where changes are required in order to comply with any relevant nationally agreed legislation and monitor its overall efficiency. 5.2 Key HR performance indicators will be monitored and reported to the Trust Board and Organisation on a quarterly basis. 6.0 Equality Act (2010) In accordance with the Equality Act (2010), the Trust has considered how this policy would affect all staff and it is believed no member of staff would be disadvantaged under the Equality Act in the implementation of this policy. However, if it is identified that a reasonable adjustment is required this will be taken as appropriate. 7.0 Associated Documents / References 7.1 NLAG Speaking Out Policy. 7.2 Local Counter Fraud Policy. 7.3 Bullying and Harassment Policy. 7.4 ACAS guidelines Discipline and Grievance at Work. 7.5 ACAS Code of Practice 1 Discipline and Grievance Procedures. 7.6 Disciplinary Policy/Procedure. Printed copies valid only if separately controlled Page 5 of 8

6 8.0 Definitions None. 9.0 Consultation This policy has been subject to consultation with key stakeholders including staff side and management representatives Dissemination To all employees through Directorate meetings, the Trust s intranet and training and development events including line managers training Implementation From the date of ratification by the Executive Team Equality Act (2010) 12.1 In accordance with the Equality Act (2010), the Trust will make reasonable adjustments to the workplace so that an employee with a disability, as covered under the Act, should not be at any substantial disadvantage. The Trust will endeavour to develop an environment within which individuals feel able to disclose any disability or condition which may have a long term and substantial effect on their ability to carry out their normal day to day activities The Trust will wherever practical make adjustments as deemed reasonable in light of an employee s specific circumstances and the Trust s available resources paying particular attention to the Disability Discrimination requirements and the Equality Act (2010). The electronic master copy of this document is held by Document Control, Directorate of Performance Assurance, NL&G NHS Foundation Trust. Printed copies valid only if separately controlled Page 6 of 8

7 Stage II Formal Grievance Meeting Appendix A A grievance meeting will be organised within 10 working days of the formal written notice being received by the manager It is the responsibility of the aggrieved employee(s) to make arrangements for any witnesses they may wish to attend the meeting and they should then inform HR of the names of the witnesses All parties will be given at least 5 working days before the meeting date has been arranged except where this is waived by mutual consent All documentation presented to the meeting must be shared between all parties at least two working days before the meeting The outcome of the meeting will be confirmed in writing within 7 working days of the meeting taking place Protocol for the grievance meeting: The chairperson will confirm to the parties the nature of the grievance, as notified by the individual concerned The chairperson will ask the aggrieved employee(s) to present the case in support of their grievance and to introduce any witnesses they may have called The panel hearing the grievance may question either the employee and/or witnesses The manager/individual against whom the grievance has been raised may question the employee(s) and/or any witnesses The chairperson will ask the manager/individual to respond to the grievance and introduce any witnesses in support of their response The panel hearing the grievance may question either the manager/individual and/or witnesses The employee(s) may question the manager and/or witnesses The chairperson will ask the employee(s) to summarise the case The chairperson will ask the manager/individual to summarise the case The chairperson will close the meeting and the panel will then consider all the evidence presented and confirm in writing to all the outcome of the meeting in writing within 7 working days of the meeting. The outcome will confirm there is a right of appeal which must be submitted in writing within 20 working days of the date of the letter, stating the reason for their appeal Printed copies valid only if separately controlled Page 7 of 8

8 Stage III Final Appeal Grievance Meeting Appendix B A grievance appeal meeting will be organised in a timely manner It is the responsibility of the aggrieved employee(s) to make arrangements for any witnesses they may wish to attend the meeting and they should then inform HR of the names of the witnesses All parties will be given at least 5 working days before the meeting date has been arranged except where this is waived by mutual consent All documentation presented to the meeting must be shared between all parties at least 2 working days before the meeting. In the event of new evidence which was not available for the first formal meeting then that meeting will be reconvened to consider the implications of effects of the new evidence The outcome of the meeting will be confirmed in writing within 7 working days of the meeting taking place Protocol for the grievance appeal meeting: The chairperson will confirm to the parties the nature of the grievance, as notified by the individual concerned The chairperson will ask the aggrieved employee(s) to present the case in support of their grievance and to introduce any witnesses they may have called The panel hearing the grievance may question either the employee and/or witnesses The manager/individual against whom the grievance has been raised may question the employee(s) and/or any witnesses The chairperson will ask the manager/individual to respond to the grievance and introduce any witnesses in support of their response The panel hearing the grievance may question either the manager/individual and/or witnesses The employee(s) may question the manager and/or witnesses The chairperson will ask the employee(s) to summarise the case The chairperson will ask the manager/individual to summarise the case The chairperson will close the meeting and the panel will then consider all the evidence presented and confirm in writing to all the outcome of the meeting in writing within 7 working days of the meeting. There will be no further internal processes available Printed copies valid only if separately controlled Page 8 of 8