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STAFFORDSHIRE FIRE AND RESCUE SERVICE
GRIEVANCE PROCEDURE
DOCUMENT REPLACES: NEW
CONTENTS
Page No.
1
Purpose
1
2
Principles
1
3
Individual grievance procedure
2
Informal stage
2
Formal stage
3
Appeal stage
3
Time limits
3
4
Grievance procedure guidance
3
Informal stage
3
Formal stage
4
Appeal stage
5
5
Record keeping
5
Appendix 1 – Grievance Escalation Procedure
6
Appendix 2 – Representation
7
1.
PURPOSE
1.1
The aim of this Procedure is to create a framework and process to allow
employees to raise concerns, problems or complaints in an environment where
their issues will be taken seriously, dealt with fairly and, where appropriate,
suitably remedied.
1.2
It is the responsibility of both employer and employee to ensure that grievances
are heard fairly, consistently, speedily and at the appropriate level.
1.3
The procedure must be made available to all employees so that any grievances
they may have can be properly considered.
2.
PRINCIPLES
2.1
This procedure applies to all employees regardless of length of service.
2.2
It is not appropriate to use the grievance procedure to air views of general
dissatisfaction without being able to identify the specific actions or behaviour that
creates this feeling. Further, where separate procedures exist for dealing with
grievances on particular issues these should be used instead of the normal
grievance procedure, for example:
The outcome of disciplinary action. In this situation the appeals
procedure contained in the Disciplinary Procedure should be used.
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Job No: 853
Issue Date: 25 May 2010
Review Date: 25 May 2011
The outcome of decisions in relation to performance or capability under
the Performance and Capability Procedure. In this situation the appeals
procedure contained in the Performance and Capability procedure should
be used.
Complaints relating to harassment and/or bullying. In this situation the
procedure contained in the Harassment and Bullying Policy should be
used.
Appeals against the rejection of applications to work flexibly. In this
situation the appeals procedure set out in the statutory procedure should
be used (contact the HR Management Team for further details in this
respect).
Concerns of improper, unethical or acts which put people at risk which
are covered by the Confidential Reporting Code. In this situation, the
procedure contained in the Confidential Reporting Policy should be used.
2.3
This Procedure does not apply to grievances concerning two or more employees
(collective grievances) raised by a representative of a trade union or other
representative body. These will be dealt with as appropriate to the facts of the
case.
2.4
The Service via the HR Department provides a voluntary mediation service which
can prove useful in bringing individuals together to reach an understanding, draw a
line under past differences and learn to work together effectively in the future. At
all stages of the procedure, the HR representative providing advice may feel that
the use of the mediation service may be helpful. The service is voluntary and both
parties must agree to its use.
2.5
Mediation may prove helpful in avoiding a formal grievance in the first instance or
supporting the implementation of the decision made.
2.6
Grievances should be raised as soon as possible and, in any event, within 3
months of the decision or issue causing the grievance.
2.7
If an employee has difficulty at any stage of the grievance procedure because of a
disability or because English is not their first language, they should discuss the
situation with their manager as soon as possible.
3.
INDIVIDUAL GRIEVANCE PROCEDURE
3.1
Informal Stage
Employees should be informed that if they have a grievance relating to their
employment they should discuss it with their line manager (or another manager if
the grievance concerns the line manager). If the employee is not satisfied with the
outcome of that informal discussion they may proceed to the next stage, which is
the formal stage.
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Review Date: 25 May 2011
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3.2
Formal Stage
3.2.1
At this stage the grievance must be set out in writing, with a description
of the nature of the complaint, including relevant facts, dates and names
of individuals involved. The written grievance should also state it is a
formal grievance raised under the Grievance Procedure although any
written complaint should also be treated under the Grievance Procedure
if this is deemed appropriate.
3.2.2
The line manager should normally where possible hear the grievance
within seven days. Where the decision that gave rise to the grievance
was made at a higher level, the grievance will initially be heard at that
level.
3.2.3
At the grievance meeting the employee may be accompanied by a trade
union representative or a fellow employee.
3.2.4
The employee will be given a written decision with reasons, usually within
seven days, explaining the decision and any actions to be taken.
3.3
Appeal Stage
3.3.1
If the employee remains dissatisfied with the decision they may appeal
within seven days in writing. That written document should set out the
grounds of the appeal. The next level of management should hear this
appeal, normally within seven days. (Details in grievance escalation
procedure at
Appendix 1).
3.3.2
Following the appeal hearing, the employee will be given a written
explanation of the decision with reasons, usually within seven days of the
appeal meeting.
3.4
Time Limits
3.4.1
The time limits referred to above may be varied by mutual agreement.
4.
GRIEVANCE PROCEDURE – GUIDANCE
4.1
Informal Stage
4.1.1
Employees should aim to resolve most grievances quickly and informally
by discussing them with their line manager. Where the grievance is a
complaint against the line manager with whom the grievance would
normally be raised, the employee can approach that person’s manager or
another manager at the same or similar level of authority. If employees
are not satisfied with the outcome of this initial informal stage, they may
move to the next stage of a formal meeting.
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Issue Date: 25 May 2010
Review Date: 25 May 2011
4.2
Formal Stage
4.2.1
If a grievance cannot be settled informally, it should then be raised
formally in writing with the appropriate level of management. Normally,
this will be the line manager. Again, where the grievance is a complaint
against the line manager with whom the grievance would normally be
raised, the employee can approach that person’s manager or another
manager at the same or similar level of authority.
4.2.2
Employees should be encouraged to seek help with setting out their
grievance (for example from a trade union representative). Employees
should seek assistance to formulate a written grievance if they are
unable to do so themselves because of a disability, or because English is
not their first language.
4.2.3
On receiving a formal grievance, the manager should invite the employee
to a meeting which should be held in good time (normally within 7 days or
receipt of the written grievance) and inform them that they have the right
to be accompanied by a representative (which could be either their union
representative or a fellow employee). They should propose a time and
place for the meeting with the employee. If an employee’s representative
cannot attend on a proposed date, the employee can suggest another
date so long as it is reasonable and is not more than seven days after the
date originally proposed by the manager. Any extension beyond this
timeframe will only be considered in exceptional circumstances. The
manager will normally be supported by a member of the HR department
at the meeting.
4.2.4
The employee will be given a full opportunity to explain their grievance
and say how they think it should be resolved. If a point is reached in the
meeting where it is not clear how to deal with the grievance or further
investigations are necessary the meeting should be adjourned to get
advice or make further investigations.
4.2.5
Where the manager who would normally deal with the grievance cannot
be available, another manager should be appointed to hear the
grievance.
4.2.6 Following
the grievance meeting, further investigations may be
necessary. All information communicated in connection with such
investigations should be treated as confidential. Where possible and
appropriate, employees requested to attend any investigatory meeting
will be given advance warning and time to undertake any necessary
preparations. There is no right to be accompanied at any such
investigatory meeting, although this may be allowed at the discretion of
the Authority. Employees are required to co-operate fully and promptly in
any investigation. This will include informing the investigating officer of
the names of any relevant witnesses and disclosing any material
documents.
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Job No: 853
Issue Date: 25 May 2010
Review Date: 25 May 2011
4.2.7
The manager should respond in writing to the employees’ grievance in
good time (usually within 7 days of the grievance hearing, although such
time period may be extended depending on the investigations deemed
appropriate) explaining the reason for their decision and any actions to
be taken. The outcome letter should let the employee know that they can
appeal if they are not satisfied with the outcome. Any appeal must be
made within 7 days of receipt of the written grievance outcome.
4.3
Appeal Stage
4.3.1
Any appeal should be in writing and should state why the employee still
feels dissatisfied.
4.3.2
The manager should arrange for an appeal meeting to be conducted in
good time (usually within 7 days of receipt of the written appeal).
4.3.3
The appeal will, wherever possible, be heard by a manager at a more
senior level who has the authority to review and change the original
decision. This level of authority may depend on the nature of the issue.
4.3.4
The employee should be given a written decision and explanation on
their appeal as soon as possible, and in good time.
5.
KEEPING RECORDS
5.1
It is important, and in the interests of both parties, to keep written records during
the grievance process. Records should include: -
The nature of the grievance raised.
A copy of the written grievance.
The manager’s response.
Action taken.
Reasons for action taken.
Whether there was an appeal and, if so, the outcome; and
Subsequent developments.
5.2
Copies of meeting records should be given to the employee including any formal
minutes that may have been taken. In certain circumstances (for example to
protect a witness) some information may be withheld.
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Job No: 853
Issue Date: 25 May 2010
Review Date: 25 May 2011
APPENDIX 1
GRIEVANCE ESCALATION PROCEDURE
The appropriate level of manager to deal with a grievance informally is the employee’s
direct line manager (unless the grievance concerns the line manager in which case the HR
management team will arrange for a manager at a similar level but from another part of the
organisation to chair the meeting.)
Wherever possible the officer/manager hearing the grievance will always be senior to the
person raising the grievance. In the case of appeals the HR management team will
appoint an officer/manager to hear the appeal.
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Issue Date: 25 May 2010
Review Date: 25 May 2011
APPENDIX 2
REPRESENTATION
1.
Employees who raise a grievance have a statutory right to be accompanied by a
fellow worker or trade union official of their choice at all formal stages of the
procedure.
2.
In addition, employees may be provided with the opportunity to be accompanied at
the investigation stage, although this is not an entitlement and should not frustrate
the process.
3.
Fellow workers or trade union officials do not have to accept a request to
accompany an employee, and they should not be pressurised to do so.
4.
If an employee’s choice of companion is unreasonable, the employee may be
asked to choose someone else. This could arise, for example, if the choice of
companion may have a conflict of interest.
5.
An employee or lay trade union official who has agreed to accompany a colleague
employed by the same employer is entitled to take a reasonable amount of paid
time off to fulfil that responsibility. This should cover the hearing and allow time for
the representative to familiarise themselves with the case and confer with the
employee before and after the hearing. A request for reasonable paid time off by
a trade union official to accompany an employee employed by another fire
authority in the same region shall be given due consideration by the respective
employers.
6.
Employers should cater for an employee’s disability at a meeting/hearing; they
should also cater for a representative’s disability, for example providing for
wheelchair access if necessary.
7.
Before the meeting/hearing takes place, the employee will tell the manager who
they have chosen as a representative.
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Review Date: 25 May 2011
Document Outline