Grievance Policy Policy: HR01 To facilitate resolution of employee grievances and enable them to be considered fairly and without delay and to provide a structured course of action to resolve an individual or collective concern which it has not been possible to resolve locally with the line manager. Do you need this document in a different format? Contact PALS 0800 0730741 or email dpn-tr.pals@nhs.net If you require further help in the interpretation of this policy please contact the HR Connect on 01392 663915. If this document has been printed please note that it may not be the most up-to-date version. For current guidance please refer to the Trust Website. Document Control Policy Ref No & Title: Version: HR01 Grievance Policy v6 Replaces / dated: Previous policy dated November 2011 Author(s) Names / Job Title responsible / email: Ratifying committee: Director / Sponsor: Primary Readers: Susan Beard Workforce Business Partner susanbeard@nhs.net Local Partnership Forum Darran Armitage, Deputy Director of Workforce. All Staff Covered By Agenda for Change Additional Readers Date ratified: 08 August 2017 Date issued: August 2017 Date for review: August 2018 Date archived: 1
Contents 1. Introduction... 3 2. Purpose... 3 3. Duties within the Organisation... 3 4. Definitions... 4 5. Scope... 4 6. Key Principles... 4 7. Confidentiality... 6 8. Representation... 6 9. Time Limits... 6 10. Grievance Procedure... 7 11. Appeal Stage... 9 12. Monitoring... 10 14. References... 11 15. Useful contact details and resources... 11 Appendix 1 - Level 1 - Grievance Form (Informal)... 12 Appendix 2 - Formal - Grievance Form... 14 Appendix 3 - Appeal Stage - Grievance Form... 16 Appendix 4 - Grievance Process Flowchart... 18 Appendix 5 - Example Letter 1 Invite To Formal Grievance Meeting... 20 Appendix 6 - Example Letter 2 Confirmation Of Outcome (Formal Stage)... 21 Appendix 7 - Example Letter 3 Invite To Appeal Hearing... 22 Appendix 8 - Example Letter 4 Outcome Of Appeal Hearing... 23 2
1. Introduction 1.1. This policy applies to all employees of the Trust. Nothing contained within the policy is intended to contravene or reduce any statutory or "protected" conditions of service. 1.2. Equality Statement: Devon Partnership Trust aims to ensure this policy document meets the diverse needs of our service, population and workforce, ensuring that none are placed at a disadvantage over others. It takes into account the provisions of the Equality Act 2010 and advances equal opportunities for all. 1.2.1. This document has been assessed to ensure that no one receives less favourable treatment on the protected characteristics of their age, disability, gender reassignment, marriage, same sex marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex (gender) or sexual orientation. In carrying out its functions, DPT must have due regard to the different needs of different protected equality groups in their area. 1.3. The Trust s Acceptable Behaviour Policy provides guidance for dealing with harassment and bullying matters. 1.4. The revised Acas Code of Practice for discipline and grievance came in to effect on 6 April 2009. This replaced the 2004 Statutory Grievance Procedures of the Employment Act 2002 (Dispute Resolution) Regulations. This code of practice outlines the framework for discussing and resolving problems at work and this procedure has been revised to reflect this guidance. 2. Purpose 2.1. The purpose of this Policy is to facilitate resolution of an employee s grievance and to have it considered fairly and without delay and to provide a structured course of action to resolve an individual or collective concern which it has not been possible to resolve locally with their line manager. 2.2. The policy is based on good practice to ensure a consistent and effective approach. The application of this policy will be fair, equitable, objective and will not discriminate directly in line with the Equality Act as staged in 1.2. 3. Duties within the Organisation 3.1. Devon Partnership Trust encourages open communication between all employees. Our aim is to maintain constructive working relationships and find mutually acceptable solutions to workplace problems and issues. 3.2. A grievance can be raised by an employee about any concerns, problems or complaints that they might have regarding their employment, apart from certain exceptions identified at paragraph 5.2 3.3. Day to day issues should normally be resolved through dialogue between employee and line manager. This formal procedure should only be started when the employee has not been able to resolve the issue(s) informally. 3.4. Reasonable adjustments will be considered throughout the policy at the request of the employee. 3.5. The Trust recognises the Equality Act and the duties to foster inclusion, eliminate discrimination and advance equality of opportunity. 3
4. Definitions 4.1. A Grievance is a concern, problem or complaint raised by an employee regarding their work, working conditions or relationships with work colleagues 4.1.1. This policy enables two types of concern to be addressed: 5. Scope Grievance: "a difference between an individual and the employer affecting duties, interpretation of conditions of service, working conditions, procedures or alleged unfair treatment". Collective Grievance: exists when a group of employees have a common difference regarding conditions of service, working conditions, procedures or alleged unfair treatment". 5.1. This policy should enable the fair and equitable facilitation of a resolution of an employee grievance(s) and enable them to be considered fairly and without delay providing a structured course of action to resolve an individual or collective concern which it has not been possible to resolve locally with the line manager. 5.2. This policy does not cover evaluation and grading of jobs; fraud, corruption and malpractice; selection for redundancy; conduct and capability issues; Flexible working requests; or bullying and harassment issues. These should be addressed through the specific policies associated with them, except where the grievance procedure may be applicable if it is considered that due process has not been followed. 5.3. The policy does not apply to those employed by other organisations, employed under another organisation s terms and conditions of employment, casual workers or volunteers. 5.4. The policy is not for use by a manager who has concerns and/or complaints about an employee they manage. These concerns should be dealt with through the application of the appropriate HR Policy and Procedure e.g., Disciplinary or Capability. 5.3 This policy does not cover employees concerns about healthcare issues and/or patient care this is covered by the Trust s Whistleblowing Policy HR21. Or where you have concerns around an issue that is patient safety refer to the Independent Guardian Service http://daisy.exe.nhs.uk/news/the-guardian-service-a-reminder.aspx 5.5. Former Employees - In general, this procedure will apply even when an employee has left the Trust, provided that they have lodged their Formal Grievance before their last day of service. 6. Key Principles 6.1. Employees who make use of the grievance procedure have a duty to give Management the opportunity to respond to the grievance at the earliest stage before moving to the next stage of the procedure. Any communication or access needs, of staff members involved, should be identified from the outset by Management. 6.2. The previous working practice will continue to operate according to the provisions in force prior to the grievance arising (i.e. status quo), until such time as agreement has been reached or the procedure for resolving the grievance has been fully exhausted, providing that there is no breach of the Trust s legal obligations or danger to staff, patients or members of the public, or where operational service changes have superseded the ability to maintain the current working practice. 4
6.3. Employees must be reassured that they will not suffer any detriment or victimisation for bringing a grievance or acting as a witness or representative for another employee. However, false or vexatious grievances will be taken seriously see 13.2. 6.4. The Trust will take false or vexatious grievances very seriously. The Disciplinary Procedure will be invoked where it is clear that an employee has made a false, vexatious or malicious claim against the Trust or another employee. 6.5. Where a grievance is raised against another employee, that employee will be advised of the grievance by their line manager. They will be advised of the issues in a sensitive manner and at the earliest opportunity so that they can respond informally to the grievance raised. They will be offered appropriate support suitable to their need (e.g. Employee Assistance Programme, Mediation occupational health, and reassured that the matter will be treated confidentially. All attempts should be made to resolve the grievance informally and fairly between the parties concerned and mediation should be offered where appropriate. The outcome of the grievance, in terms of whether it is upheld or not, must be relayed to the employee who is the subject of the grievance along with any relevant feedback and action points pertaining to that individual. Care must be taken not to breach confidentiality in relation to any other person involved in the grievance process. 6.6. Consideration must be given to any assistance or steps that should be taken to support the employee who has had a grievance raised against them, particularly where a grievance is not upheld, recognising that the effect of the grievance can be significant. It is important to consider how to help the individuals affected by the process to work together after the grievance, this might be by way of an informal conversation between the individuals, formal mediation or using the services of Occupational Health where necessary. 6.7. If an employee raises multiple grievances relating to different issues, Management reserves the right to deal with the different matters at one grievance hearing to avoid duplication of the procedure and to aid a prompt resolution. 6.8. Where an employee raises a grievance during a disciplinary process the disciplinary process may be temporarily suspended in order to deal with the grievance. Where the grievance and disciplinary cases are related it may be appropriate to deal with both issues concurrently. 6.9. Managers should be alert to the possibility that an employee may trigger a formal grievance by including a complaint within a written correspondence, such as a resignation letter or an e-mail. Where this is the case, the line manager who receives the complaint must clarify with the employee whether it is their intention to raise a formal grievance or not. 6.10. Whilst it is not necessary, under the statutory procedures for an employee to raise their grievance on the standard Trust forms, use of these forms is helpful in firstly establishing that a grievance has been raised; and in enabling the employee to be clear over the nature of the grievance and the resolution sought. Employees are encouraged, therefore, to use the standard forms where possible. If the forms are not used then as a minimum, the nature of the grievance and the resolution sought should be put in writing and clear in whatever format is used. Any adjustments required for individuals will be considered. 6.11. Wherever possible membership of all panels should be representative of the gender, ethnicity, or other diversity aspect of the person(s) bringing the grievance. 6.12. Panels may include a specialist on the topic matter of the grievance, where possible, to insure the panel have relevant advice to enable them to make an informed decision (e.g. a disability related grievance may require the Equality and Diversity Lead to sit on the panel) 5
6.13. Both the employee and the manager may call witnesses to support the grievance. Employees are responsible for advising their witnesses of the date, time and venue for the hearing and should ensure they are prepared before the hearing. Witnesses will at all times be treated with respect and inappropriate questioning or badgering of witnesses will not be tolerated. 6.14. Grievances involving unacceptable behaviour/bullying/harassment will be taken seriously and may result in disciplinary action being taken against the perpetrator of the unacceptable behaviour. Please seek advice from your Workforce Business Partner on individual cases. 6.15. Staff support should be offered to all employees who raise a grievance. This can be accessed through Employee Assistance Programme - CiC who provide free, confidential information on a range of areas such as family life, debt and financial management, legal and tax advice and counselling support 24 hours a day, 7 days a week, 365 days a year 0800 085 1376. More information available at www.well-online.co.uk 6.16. The Employee Assistance Programme CiC service offers a Managerial support service from 8am 8pm to support managers with complex issues and can be contacted on 0800 845 3805. Workforce Business partners are also available for support and advice. 7. Confidentiality 7.1. If employees become involved in a grievance procedure they will be expected to maintain confidentiality at work. Breaches of confidentiality will be taken seriously, especially if it hinders resolution of a grievance and may result in disciplinary action. 7.2. If employees are uncertain who they can talk to about the case, they should seek advice from their line manager or Workforce Business Partner. 8. Representation 8.1. The employee, or group of employees are entitled to be represented by a Trade Union/Staff Association or Professional Organisation Representative or work colleague, not acting in a legal capacity, at the formal stages of the grievance process. 8.2. Non- Attendance 8.3. If an employee fails to attend a meeting through circumstances beyond their control, such as certified illness, an alternative time and date may be offered. Alternatively they may submit a written statement or nominate a representative to attend on their behalf. Where an employee is persistently unable or unwilling to attend the meeting without good cause, it will deemed to be been withdrawn or may in exceptional circumstances proceed in their absence and a decision based on the evidence available will be made. 8.4. Occupational Health opinion will be sought should an employee be absent due to ill-health to confirm fitness to attend. 9. Time Limits 9.1. The time limits included in this procedure should be observed in order to try and resolve the issue as quickly as possible. However, they may be varied by mutual agreement. 6
9.2. A grievance that refers to a matter that occurred three months or more before the grievance was raised shall be considered to be time expired (subject to the exceptions below) and will not be dealt with under this procedure. 9.3. Consideration of a grievance regarding a matter that occurred more than three months prior (which would be time expired) may be considered if there is evidence to prove that the time lapsed is solely due to an attempt to resolve the issue informally 9.4. The timescales determined within this policy should be adhered to. However, should there be unavoidable delays or if by mutual agreement the timescales are extended, then the employee must be provided with a written explanation and should be advised of the anticipated timescales. 9.5. The Trust will seek mutually convenient dates for hearings with representatives in accordance with the timescales in this procedure. 9.6. Good Professional Relationship/Practices 9.7. It is the responsibility of all employees to take all reasonable steps to develop and maintain good working relationships with colleagues and to promote and demonstrate the Values and Behaviours expected of all Trust Employees. 9.8. Employees should try to resolve any difficulties at the earliest opportunity without having to use a formal process. This should be done in such a way as to have the minimum impact on the service, other work colleagues and to preserve working relationships. 10. Grievance Procedure Stage 1 Informal Stage 2 - Formal 10.1. Stage 1 Informal 10.1.1. Employees should, in the first instance, try to resolve the matter informally with their line manager though informal discussions. 10.1.2. Where the grievance is against an individual informal resolution should be sought and in some cases the Acceptable Behaviour Policy HR20 should be followed. If the grievance is against their line manager, the grievance should be raised with their line manager s manager or another suitable manager. 10.1.3. Under the Informal Stage the employee and the manager should consider support such as mediation or a facilitated meeting to discuss the concerns in order to provide a satisfactory resolution. Full details of the support available can be found on the Trust s Intranet site, in the Acceptable Behaviour Policy HR20 or from the Trust s Workforce Business Partners. 10.1.4. The manager must reply verbally to the concerns of the employee as soon as possible and in any case within 7 calendar days of receipt of the grievance. This should be followed up in writing as a record of the outcome. Any adjustments required for individuals will be considered. 10.1.5. Where the grievance cannot be resolved informally or where, having considered advice from Human Resources, the issues are considered too serious or complex for informal resolution, the formal stage of the procedure may be invoked. 7
10.2. Stage 2 Formal 10.2.1. The employee should set out their grievance and the basis for it, including the resolution they are seeking using the Formal Grievance Form (Appendix 1) and submit this to their Line Manager (or their Line Manager s Manager if this is not appropriate). Any documents relating to the complaint should also be submitted at this stage. 10.2.2. Generally, the Trust will not conduct an investigation into grievance issues unless the issues are particularly complex or the Manager and Workforce Business Partner feel it is necessary. It is the employee s responsibility to provide information for the panel to consider. 10.2.3. The manager should confirm receipt of the formal complaint form and acknowledge in writing as soon as reasonable possible, ideally within 14 calendar days. If there is a potential for the complaint to constitute a protected disclosure under the Whistleblowing Policy, the manager should seek advice from their Workforce Business Partner. See Whistleblowing Policy 10.2.4. The parties involved may subsequently decide to resolve the complaint by means other than this policy, e.g. mediation. This decision must be confirmed in writing and will not preclude the employee from raising their complaint under this policy at a later date. 10.2.5. Where a grievance is particularly complex, the Manager may arrange for an independent person to gather all the details and facts of the grievance on their behalf, if this is the case then the timescale may need to be delayed by mutual agreement. 10.2.6. Where an investigation is carried out if any of the parties involved are Students the Workforce Development Lead will need to be contacted to ensure that appropriate support is available. 10.3. Grievance Meeting (FORMAL) 10.3.1. The manager should arrange a formal hearing to consider the employees grievance within 14 calendar days from receipt of the grievance. Any reasonable adjustments required need to be explored and accommodated where possible This timescale can be extended by mutual agreement to allow additional time for information to be gathered, although it is important that there is no unreasonable delay. 10.3.2. Any additional information and documents should be submitted by no later than 14 calendar days before the formal Grievance Meeting. Anything submitted outside of these timescales may result in the panel determining that the information is not admissible or where it is accepted may result in the meeting being delayed to enable the manager and the panel to consider and possibly investigate the evidence provided at this late stage. 10.3.3. Should a management statement of case be necessary then this should be provided to the employee and their representative 7 calendar days before the hearing. It is recognised that with some grievance matters, a management statement of case may not be necessary, however, any documents that may be referred to during the hearing must be exchanged in advance of the hearing to enable all parties time to consider them. 8
10.3.4. The manager hearing the grievance should respond to the employee in writing advising the outcome of the Formal Grievance Meeting within 7 calendar days of the hearing. Any adjustments required for individuals will be considered. 10.3.5. It is important that the meeting allows for free flowing discussion and dialogue in an attempt to find an amicable solution to the complaint. The employee should be invited to re-state their complaint and how they would like it reasonably resolved. 10.3.6. The Manager will listen to all points raised, consider any additional information gathered and then adjourn the meeting to make a decision. If the decision is reached, the manager will confirm this at the meeting. If a decision cannot be made at the end of the meeting, the employee should be informed of the reason why and when a response may be expected. 10.3.7. The decisions should be confirmed in writing, within five days, setting out the key factors considered, the reason for the decision and what action was agreed to resolve the grievance. This letter will also detail the employees right of appeal and where to send the appeal should they complaint not be fully resolved. 10.3.8. The manager should ensure that suitable feedback is given to the person/s to whom the complaint was against and that this is undertaken within a reasonable timeframe. 10.3.9. Should the employee accept the outcome of the Formal Grievance Meeting then the matter ends at this point. 11. Appeal Stage 11.1. If an employee wishes to appeal against the decision, they must do so in writing, stating the grounds for their appeal, within 14 days of receiving the written response. 11.2. The appeal should be sent to the Deputy Director of Workforce and Organisational Development 11.3. The appeal hearing should take place within 21 calendar days of receipt of the written Appeal. A minimum of 14 calendar days notice of the appeal hearing will be given (Appendix 3). 11.4. The employee is responsible for stating their case for appeal clearly and should do so by using the Appeal Stage Grievance Form and providing any relevant documentary evidence at this stage. 11.5. The grievance should be heard by a panel comprising of a non-executive Director of the Board, an Executive Director of the Board and a HR representative. Panel members should not previously have been involved in any stage of the grievance. The manager who previously considered the grievance at the Formal Grievance Meeting will be required to attend to present their case. 11.6. The management response to the grievance will be forwarded to all parties at least 7 calendar days before the date of the Appeal Hearing. 11.7. The manager hearing the appeal should respond to the employee in writing advising the outcome of the appeal hearing within 7 calendar days of the hearing. Any adjustments required for individuals will be considered. 9
11.8. The decision may be given verbally to all parties at the end of the Appeal meeting where possible but may be confirmed in writing to the employee within five days. An appeal is not a re-hearing of all the facts but to determine if the original decision was reasonable given the circumstances. The grievance process ends with the decision of the Appeal Hearing Panel and will be final with no further level of internal appeal. 12. Monitoring 12.1. Operational managers are responsible for monitoring compliance with this policy. Regular management information is provided with reports to operational managers and Workforce Business Partners attend monthly performance meetings to present Grievance data, review progress and identify action plans to remedy issues. In addition, Grievance information is regularly provided to the Local Partnership Forum, Trust Management Board and Trust Board which provides a corporate overview and enables assurance of local action plan as necessary. Grievance data is also included for analysis. 13. Additional Information 13.1. Employee Responsibilities 13.1.1. Employees have a contractual responsibility to carry out the requirements of their job satisfactorily, to ensure tht their conduct is appropriate and that they have good professional working relationships with their colleagues. 13.1.2. Employees should bring to the attention of management any concerns/problems/complaints that arise in the course of their work so that they can be resolved fairly and promptly. 13.1.3. Employees involved in the investigation and resolution of complaints must participate appropriately and with due regard to the Acceptable Behaviour Policy. 13.2. Vexatious/Malicious Complaints - False or vexatious complaints will be taken very seriously and will be managed under the Disciplinary Policy where it is clear that an employee has made an allegation(s) of this type against DPT or another employee. 13.3. Overlapping Issues - Where an employee raises a grievance whilst being managed under another policy e.g., Disciplinary, capability, Absence Management, the manager should refer to the applicable policy and take appropriate action. Invoking the Grievance Policy does not necessarily mean that other processes are put on hold. 13.4. Mediation - Mediation is a voluntary process, where a trained mediator can help people in dispute to attempt to reach an agreement. Please refer to HR Connect, the Mediator Coordinator or Workforce Business Partner. 13.5. Confidentiality - Any parties affected by or involved in the application of this policy will be expected to maintain an appropriate level of confidentiality. Breaches of confidentiality will be taken seriously, especially if they hinder the application of the policy or the resolution of an issue. Failure to maintain confidentially may result in action being taken under the Disciplinary Policy. 13.5.1. Disclosure of information may also be a breach of the Data Protection Act and may lead to action being taken under the provisions of this legislation in additional to action being taken under the Disciplinary Policy. 13.6. Support for Employees 10
13.6.1. Employees are encouraged to seek support from their staffside representatives professional associations in the first instance. 13.6.2. Employees are also able to seek support from the Employee Assistance Programme (CIC) information via the Intranet http://daisy.exe.nhs.uk/working-here/your-healthand-wellbeing.aspx 14. References ACAS Statutory Code of Practice 2015 http://www.acas.org.uk/index.aspx?articleid=2179 HR20 - Acceptable Behaviour Policy HR06 Disciplinary policy Equality Act 2010 15. Useful contact details and resources Mediators Contact Nick Sarra in complete confidence, on 0781 5815202 or 01392 674925 Staff support can be accessed through Employee Assistance Programme CiC who provide free, confidential information on a range of areas such as family life, debt and financial management, legal and tax advice and counselling support 24 hours a day, 7 days a week, 365 days a year 0800 085 1376. More information available at www.wellonline.co.uk HR20 Acceptable Behaviour Signed on Behalf of Devon Partnership NHS Trust Signed on Behalf of Staff Side Date for Review August 2019 11
Appendix 1 - Level 1 - Grievance Form (Informal) To be completed by the individual(s) who have a formal grievance that they have not been able to resolve at the Informal Stage. Name: Job Title: Dept/Directorate: Base: Assignment Number: Name of Line Manager: Tel No: Union Representative (if applicable): Today s date: Please outline any reasonable adjustments required e.g. accessibility to rooms, documents in larger text etc. Grievance Details: Please indicate which of the following refers to the concerns below Individual Grievance Collective Grievance Dispute Please detail below the basis for the grievance, including details of any specific dates and times. Please detail below what you are seeking as a resolution to your grievance. 12
Signed by individual raising grievance: Dated: To be completed by the Line Manager:- Name: Job Title: Dept/Directorate: Base: Tel No: Date Grievance Received: Mediation tried where applicable? Yes No Outcome of the grievance (attach to this form any notes made during any investigations) Signed by manager/supervisor: Dated: 13
Appendix 2 - Formal - Grievance Form To be completed by the individual(s) who have a formal grievance that they have not been able to resolve at the Formal Level 1. Name: Job Title: Dept/Directorate: Base: Assignment Number: Name of Line Manager: Tel No: Union Representative (if applicable): Today s date: Please outline any reasonable adjustments required e.g. accessibility to rooms, documents in larger text etc. Grievance Details: Please indicate which of the following refers to the concerns below Individual Grievance Collective Grievance Dispute Please detail below the basis for the grievance, including details of any specific dates and times. Please detail below what you are seeking as a resolution to your grievance. 14
Signed by individual raising grievance: Dated: To be completed by the Line Manager:- Name: Job Title: Dept/Directorate: Base: Tel No: Date Grievance Received: Outcome of the grievance (attach to this form any notes made during any investigations) Signed by manager/supervisor: Dated: 15
Appendix 3 - Appeal Stage - Grievance Form To be completed by the individual(s) who wish to appeal against the outcome of the Formal Stage. Name: Job Title: Dept/Directorate: Base: Assignment Number: Name of Line Manager: Tel No: Union Representative (if applicable): Today s date: Please outline any reasonable adjustments required e.g. accessibility to rooms, documents in larger text etc. Please detail below why an Appeal is being requested, in respect of the grievance heard at the formal stage ensure details given at the Formal Stage are attached to this form. Please detail below what you are seeking as a resolution to your grievance at Appeal 16
Signed by individual raising grievance: Dated: To be completed by the Manager hearing the Appeal:- Name: Job Title: Dept/Directorate: Base: Tel No: Date Grievance Received: Today s Date: Outcome of the grievance Appeal Stage (attach to this form any notes made during any investigations) Signed by manager/supervisor: Dated: 17
Appendix 4 - Grievance Process Flowchart Informal Stage Informal Grievance raised with Line Manager Mediation offered where appropriate. Manager and employee should make every effort to resolve grievance Manager informs employee of decision within 7 calendar days of receiving grievance Resolved Not resolved End of Process Employee may raise a formal Level 1 grievance (within the time limit detailed in paragraph 11). Formal Employee sets out grievance in writing, using standard form, to either their Line Manager or their Line Manager s Manager Mgr. may instruct an independent person to investigate the grievance, if necessary Formal Grievance Meeting held within 14 calendar days (if possible) of receiving Level 1 Grievance Decision of Mgr. given to employee, in writing, within 7 calendar days of meeting Employee outcome accepts Employee not satisfied with outcome. Employee submits Grievance Appeal Form End of process HR must be informed 18
Appeal Stage Within 14 calendar days of outcome of Formal Stage employee submits the Appeal Stage standard form. HR must be informed Grievance meeting held within 21calendar days (if possible) from date of the letter of receiving Appeal Form Decision given to employee in writing within 7 calendar days of meeting End of process 19
Appendix 5 - Example Letter 1 Invite To Formal Grievance Meeting Trust Headquarters Wonford House Hospital Dryden Road, Exeter Devon, EX2 5AF Telephone: ** Fax: ** {Date} Dear ** Formal Grievance Meeting I write to confirm that in accordance with the Trust s grievance policy, a Formal Grievance Meeting has been arranged to consider your grievance dated ***. The hearing will take place on (**date**), at (**time**) in (**place**). You are entitled, if you wish, to be accompanied by an accredited representative of a Trade Union/Staff Association/Professional Organisation or a work colleague. Your grievance will be heard by **** (and ****). Full documentary evidence relating to your grievance should have been submitted. Any additional information and documents submitted ahead of the formal hearing may result in the panel determining that the information is not admissible or where it is accepted may result in the hearing being delayed to enable the manager and the panel to consider and possibly investigate the evidence provided at this late stage. ** Insert only if management case/investigation is applicable The management statement of case that responds to your grievance will be presented by *** and *** (if applicable). In accordance with Trust Procedure, the management case will be sent to you 7 calendar days before the hearing. Should you wish to call any witnesses to support your grievance then please ensure that you advise them of the date, time and venue for the hearing and that you prepare them before the hearing. This venue is fully accessible with disabled facilities. Please advise whether you have any communication needs and/ or whether you require any reasonable adjustments. Please contact me/my PA/Secretary (delete as appropriate) on [**telephone number**] to confirm your attendance and to advise if you intend to call any witnesses. Yours sincerely Cc Appropriate Staff Side Representative & Workforce Business Partner 20
Appendix 6 - Example Letter 2 Confirmation Of Outcome (Formal Stage) Trust Headquarters Wonford House Hospital Dryden Road, Exeter Devon, EX2 5AF Telephone: ** Fax: ** {Date} Dear ** Outcome(s) from Formal Grievance Meeting I refer to the Formal Grievance Meeting hearing that was held in accordance with the Trust s grievance policy, on [**date**], at [**time**] in [**place**], to discuss your grievance dated *** You were present at this meeting and were accompanied by **. The management investigation and statement of case was presented by ** (if applicable). Having carefully considered the evidence presented at the hearing, I have decided that ****** If you are not satisfied with my decision, you have the right to appeal against the decision by completing the appropriate Grievance Appeal Form** and submitting this to the Deputy Director of Workforce and Organisational Development, within 14 calendar days from the date of receipt of the letter confirming the outcome of the Formal Grievance Meeting 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 Cc Appropriate Staff Side Representative & Workforce Business Partner 21
Appendix 7 - Example Letter 3 Invite To Appeal Hearing Trust Headquarters Wonford House Hospital Dryden Road, Exeter Devon, EX2 5AF Telephone: ** Fax: ** {Date} Dear ** Invitation to Attend a Grievance Appeal Hearing I write to confirm that in accordance with the Trust s grievance policy, a Grievance Appeal Hearing has been arranged for (**date**), at (**time**) in (**place**). This hearing will consider the grievance you presented at the Formal Grievance Meeting (**date**). Your grievance will be heard by **** and **** Full documentary evidence relating to your Appeal should have been submitted with your Appeal notification. Any additional information and documents submitted ahead of the appeal hearing may result in the panel determining that the information is not admissible or where it is accepted may result in the hearing being delayed to enable the manager and the panel to consider and possibly investigate the evidence provided at this late stage. You are entitled, if you wish, to be accompanied by an accredited representative of a Trade Union/Staff Association/Professional Organisation or a work colleague. The management statement of case that responds to your grievance will be presented by *** and *** and will be forwarded to you at least 7 calendar days before the hearing. You will also be notified of any witnesses the management case intends to call by this date. Should you wish to recall any witnesses from the Formal Hearing to support your grievance then please ensure that you advise them of the date, time and venue for the hearing and ensure that you prepare them before the hearing. This venue is fully accessible with disabled facilities. Please advise whether you have any communication needs and/ or whether you require any reasonable adjustments. Please contact me/my PA/Secretary (delete as appropriate) on [**telephone number**] to confirm your attendance and to advise if you intend to recall any witnesses. Yours sincerely Cc Appropriate Staff Side Representative & Workforce Business Partner 22
Appendix 8 - Example Letter 4 Outcome Of Appeal Hearing Trust Headquarters Wonford House Hospital Dryden Road, Exeter Devon, EX2 5AF Telephone: ** Fax: ** {Date} Dear ** Outcome(s) from Grievance Appeal Hearing I refer to the grievance hearing that was held in accordance with the Trust s grievance policy on [**date**], at [**time**] in [**place**], to discuss your appeal dated [**date**]. I chaired the meeting to hear your Appeal, accompanied and advised by **. You attended the meeting and were accompanied by **. The management case was presented by ** and **. Having carefully considered your appeal, I have decided that ******* You have now exercised your right of appeal under the Trust s Grievance policy and this decision is final. Yours sincerely Cc Appropriate Staff Side Representative & Workforce Business Partner 23