Service Instruction 0867: Grievance Procedure
Service Instruction 0867
Grievance Procedure
Document Control
Description and Purpose
This document is intended to give guidance to all employees regarding the processes to use to resolve
employee relations matters. It includes sections on individual and collective grievances. Active date
Review date
Author
Editor
Publisher
12.01.16
10.05.19
Amanda Cross
Philomena Dwyer
Sue Coker
Permanent
Temporary
If temporary, review date must be 3 months or less.
Amendment History
Version
Date
Reasons for Change
Amended by
1.1
10.01.16
Minor amend from MFRS to MFRA page 3
Amanda Cross
1.2
10.05.18
General Data Protection Regulation update
Amanda Cross
Risk Assessment (if applicable)
Date Completed
Review Date
Assessed by
Document location
Verified by(H&S)
Equalities Impact Assessment
Date
Reviewed by
Document location
26.11.2015
E&DPortal/EIAs/POD/EIA284
Civil Contingencies Impact Assessment (if applicable)
Date
Assessed by
Document location
Related Documents
Doc. Type Ref. No.
Title
Document location
SI
SI 0854
Conduct
Portal
Policy
PODPOL09 Bullying and Harassment
Portal
Contact
Department
Email
Telephone ext.
Professional Standards xxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxx.xxx.xx 0151 296 4607
Target audience
All MFRS
X
Ops Crews
Fire Protection
Fire Prevention
Principal officers
Senior officers
Non uniformed
Relevant legislation (if any)
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Service Instruction 0867: Grievance Procedure
GRIEVANCE PROCEDURE
Purpose
Merseyside Fire and Rescue Authority is committed to being an Employer of Choice. This
means treating people fairly, openly with respect and with dignity. The purpose of the
grievance procedure is to ensure that employees who feel aggrieved about the way they
believe they have been treated, either by the Authority, Management or by colleagues, have a
means to raise those issues and are given every opportunity to have their grievances resolved
internally in a confidential and just matter.
Grievances are concerns, problems or complaints that employees raise with their employers.
These may include (but are not limited to) issues relating to:
Terms and conditions of employment
Health and safety
Working relationships
New working practices
The working environment
Bullying and Harassment
Discrimination
All parties have a personal responsibility to make every effort to resolve issues raised under
the grievance procedure expeditiously, in good faith, and where possible as close to the
source of the grievance. The procedure is not to apportion blame or to apply punishment but to
find appropriate and positive resolutions.
This procedure has been written to comply with the ACAS guidelines and the National
Conditions of Service (grey, green and red books).
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Service Instruction 0867: Grievance Procedure
Scope of the Procedure
The procedure covers all employees. Employees might raise concerns about matters that are
not within the control of the Authority, for example, in a member of the public’s home or on a
secondment. These issues should be treated in the same way as grievances within the
Authority and investigation and action will be undertaken as far as practicably possible. The
Authority will make it very clear to all parties that grievances will be taken seriously and action
will be taken to protect their employees.
Employees who leave during the course of a grievance should note that the grievance
procedure will continue to the end of the grievance procedure and a written response will be
provided to the ex-employee.
Grievances should be raised within 3 months of the source of the issue unless otherwise
agreed.
This procedure covers individual grievances and collective grievances (2 or more people or
Service wide implications). However, grievances arising from Collective Agreements relating to
issues which are the subject of negotiation and consultation with the Representative bodies will
be discussed via the Joint Secretaries processes.
This procedure should not be used for:
Complaints that an employee may have about any formal disciplinary action taken
against them, these should be dealt with as an appeal under the conduct procedure.
Issues dealing with a medical matter for example, an IQMP outcome.
Where it relates to an employee’s pay grade in which case the Job Evaluation process
should be followed.
Where the grievance relates to pay or terms and conditions which MFRA cannot
exercise discretion, for example, National pay increases.
Any matter which relates to collective disputes whether local or national.
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Service Instruction 0867: Grievance Procedure
Where an employee raises a grievance during a conduct process the disciplinary may be
temporarily suspended in order to deal with the process, however the Service is not obligated
to stop the conduct process and instigate the grievance process. Insofar as a grievance has
any bearing on the conduct proceedings, it can be raised as a relevant issue in the course of
those proceedings. It may be appropriate to deal with both cases concurrently.
Where there is a counterclaim/allegation it will be dealt with, as will all related issues, as part of
the one resolution procedure. After discussion consideration will be made as to whether this
counter claim is vexatious or malicious and it may be dealt with via the conduct procedure if
there are reasonable grounds and a reasonable belief for doing so.
Making the complaint
Formal complaints must be set out in writing. This forms the basis of the subsequent hearing
and any investigations, so it is important that it explains clearly the nature of the grievance and
indicates the outcome that employee is seeking. If the grievance is unclear, the employee may
be asked to clarify the complaint before any meeting takes place.
The complaint should be headed “Grievance" and sent to the line manager and copied to
Professional Standards for recording purposes. If the complaint relates to the way in which a
line manager is treating an employee, the complaint may be sent to the “grandparent”
Manager, i.e. their Line Manager’s Manager or Professional Standards who will appoint an
appropriate person to deal with it.
Attempts may be made to resolve the matter informally, depending on the nature of the
complaint. However, if the employee is not satisfied with the outcome, they may request the
matter proceeding to a full grievance hearing.
Following the receipt of the written grievance, Professional Standards will identify whether
similar grievances have been raised before and if so, how these have been resolved, and any
follow up actions taken. This ensures that every best effort is made by the Authority to apply
consistent decisions/ resolutions where circumstances or issues are raised are of a similar
nature.
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Service Instruction 0867: Grievance Procedure
Stages in the grievance
Informal stage
In the first instance, where appropriate, every effort should be made to resolve the matter on
an informal basis before resorting to the formal stages of the Grievance Procedure. Most
issues can be resolved in this way.
Grievances often arise through misunderstandings and issues can be resolved swiftly and
without escalation with open and constructive discussion with the Manager (or other
appropriate person if raising it with the Manager causes local difficulty, for example a Trade
Union Representative).
Managers have a personal responsibility to manage effectively and appropriately. They have
should be allowed to exercise their right to manage and where a grievance concerns the Line
Manager the employee should be aware that part of a Managers role is to:
Set targets and objectives for employees and monitor their performance
Set standards at work and to address conduct and capability matters to ensure employees
understand what is expected of them
Issue instructions to employees and to ensure they are observed
To review how work is carried out and alter working methods to ensure there is the best
use of resources
If an employee has a concern regarding any of these circumstances it is recommended that
they seek clarification and understanding with their line Manager to resolve problems before
they develop into difficulties for all concerned.
During the discussion with the employee it may be appropriate to take a note of the meeting
and a copy will be provided to the employee. If employees are not satisfied with the outcome
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Service Instruction 0867: Grievance Procedure
of this initial stage, and after informal discussions, the matter is not resolved, they may move to
the next stage of a formal hearing.
It may be appropriate for the matter to be dealt with by way of mediation depending on the
nature of the grievance. This involves the appointment of a third party mediator who will
facilitate a structured dialogue between the parties to the grievance to allow them to resolve
the problem/issues that have given rise to the grievance. Mediation will only be used where all
parties involved, including the mediator agree. Please see the Mediation policy for further
information.
Some issues, however, are considered to be so sensitive, for example, bullying cases due to a
protected characteristic, victimisation and/or harassment cases that is may be appropriate to
progress directly to the formal stage
.
Formal Stage
This must be in writing providing sufficient information to allow the grievance to be fully
investigated. It should include why attempts to resolve it informally have been unsuccessful,
providing evidence where appropriate.
If in exceptional circumstances if there is a difficulty in raising the grievance in writing, for
instance due to disability or language issues, then appropriate support will be offered to the
employee.
The notification should also indicate what form of redress the employee is seeking. If the
employee is not able to provide this information the grievance may not be progressed or there
may be delays in the process. Both parties are expected to work towards seeking mutually
acceptable resolutions where possible and understanding the aggrieved employee’s
expectation is a critical part of this process.
The grievance will be thoroughly investigated and the employee will be given the opportunity to
put forward their case at any hearing where they have the right to be accompanied by a
companion.
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Service Instruction 0867: Grievance Procedure
Conducting the grievance procedure
The Service recognises that a formal grievance procedure can be a stressful and upsetting
experience for all parties involved. Everyone involved in the process is entitled to be treated
calmly and with respect. These rights extend to external and internal trade union
representatives, elected representatives and any other employee representatives who act on
behalf of employees and witnesses. The Service will not tolerate abusive or insulting
behaviour from anyone taking part in or conducting grievance procedures and will treat any
such behaviour as misconduct under the conduct procedure.
At no time will any person pursuing or participating in a grievance be challenged on related
matters by management as a result of the grievance, unless there is evidence that their action
is malicious or intended to harm another employee. In these circumstances consideration will
be given to invoking the conduct procedures.
The grievance hearing
The hearing will be held as soon as is reasonably practicable and, subject to any need to carry
out prior investigations, from the receipt of the written complaint. It will be conducted by an
appropriate manager and if required an HR representative. At this formal meeting the
employee has the right to be accompanied by a companion which may be a colleague or trade
union representative. At the meeting, the employee will be asked to explain the nature of the
complaint and what action the employee feels should be taken to resolve the matter. Where
appropriate, the meeting may be adjourned to allow further investigations to take place.
Employees should ensure their attendance at the meeting at the specified time. If any party is
unable to attend because of circumstances beyond their control, they should inform the
Hearing Manager as soon as possible. If the employee fails to attend without explanation, or if
it appears that they have not made sufficient attempts to attend, the hearing may take place in
their absence.
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Service Instruction 0867: Grievance Procedure
Following the meeting, the employee will be informed in writing of the outcome within seven
working days and told of any action that the Service proposes to take as a result of the
grievance. The employee may discuss this outcome informally with either their manager or
Representative body.
If they are dissatisfied with the outcome, they may make a formal appeal.
Appeal
The appeal should be made in writing to Professional Standards. It should clearly state the
grounds of the appeal, i.e. the basis on which it is believed that the result of the grievance was
wrong or that the action taken as a result was inappropriate. This should be done within seven
days of the written notification of the outcome of the grievance. An appeal meeting will be
arranged to take place within “good time” and the employee will be notified of the date of the
meeting within 7 working days.
The Appeal hearing will be conducted by a Manager appointed by Professional Standards who
has not previously been involved in the case and is in a more senior role who has the authority
to review and change the original decision. The Appeal Manager will consider the grounds put
forward and assess whether or not the conclusion reached in the original grievance hearing
was appropriate.
The appeal is not intended to be a rerun of the original grievance hearing, but rather a
consideration of the specific areas detailed in the appeal. The Appeal Manager conducting the
appeal may therefore confine discussion to those specific areas detailed in the appeal rather
than reconsider the whole matter afresh. The grounds of the appeal must be specific to assist
the Appeal Manager or it will be returned to the individual.
Following the appeal meeting, the employee will be informed of the outcome within ten days.
The outcome of this meeting will be final.
Cases of an exceptionally serious nature only, (such as allegations of bullying, harassment,
racism or other unlawful discrimination which implies major problems in relation to culture or
management style that remain unresolved), may be referred by the Appeal Manager for further
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Service Instruction 0867: Grievance Procedure
consideration to the Joint Secretaries, (or their nominee) The local joint secretaries will decide
whether a grievance heard at the appeals stage, but where the complainant remains
dissatisfied, is one of a serious nature and may allow further appeals to be considered . The
decision will be final at this stage. There is no further right of appeal.
The right to be accompanied
Employees have the right to be accompanied by a companion at formal meetings. This may be
a fellow worker or a Local or Regional Trade union representative at any grievance meeting or
subsequent appeal. A trade union official need not be an employee of the Service, but if
he/she is not a fellow worker or an employee of his/her union, MFRS may insist on him/her
being certified by the union as being experienced or trained in accompanying employees at
grievance hearings. This is usually achieved by the production of certification card.
The choice of companion is a matter for the employee, however companions are not obligated
to accompany colleagues. Companions will be given appropriate paid time off to allow them to
accompany colleagues at a grievance hearing or appeal hearing.
At any hearing or appeal hearing, the chosen companion will be allowed to address the
meeting, respond on the employee’s behalf to any view expressed in the hearing, and sum up
the case on the employee’s behalf. However, both the hearing and appeal hearing are
essentially meetings between the employer and the employee, so any questions put directly to
the employee should be dealt with by the employee and not the companion.
Where the chosen companion is unavailable on the day scheduled for the meeting or appeal,
the meeting will be rescheduled, provided the employee proposes an alternative dates within
five working days of the scheduled date.
Withdrawal of grievances
Where a grievance is withdrawn prior to the grievance meeting, the Line Manager will ensure
that the person concerned confirms this in writing. Where a grievance is withdrawn, the Line
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Service Instruction 0867: Grievance Procedure
Manager should ensure that there are no unresolved issues that require further action. The
Line Manager will advise all involved parties, if previously notified, of the withdrawal.
Collective grievances
If more than two employees have identical grievances and all employees wish them to be
addressed in the same grievance process, the colleagues can raise a grievance via the
collective grievance procedure. Employees who are not in a trade union or representative body
may elect a spokesperson to act on their behalf. Where employees are in a Trade union or
Representative body it is recommended that the employees seek advice from the Trade Union
or collective body in advance as representations may have already been raised on the issue at
hand.
All colleagues raising the collective grievance must agree to do this. The participating
colleagues will be entitled to only one grievance hearing and (if applicable) one appeal
hearing.
The participating colleagues will be notified individually of the outcome at each stage of the
process. If the colleagues do not all voluntarily agree to this arrangement or if the grievances
are not identical, the Service will arrange to hear the grievances using the procedure for
individual grievances detailed above.
If the colleagues are all members of the same trade union or representative body, their
representative can present the grievance on the employees’ behalf. If the colleagues wish to
be represented by their trade union representatives on an individual basis, the organisation will
arrange to hear those grievances under the organisation's normal grievance procedure. If
employees are not in a representative body they can agree to nominate one of the group to act
on behalf of the group.
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Service Instruction 0867: Grievance Procedure
Making the complaint
Where practically possible all grievances should be heard at the informal stage to allow
problems and concerns to be raised and settled as a matter of course. This allows for most
issues to be resolved during the course of everyday working relations in a quick and low key
manner.
If it is not possible to resolve a grievance informally, or where a grievance is serious or an
employee has attempted to raise a problem informally without success, the employee should
raise it formally with management in writing.
The grievance should be headed "Formal collective grievance" and sent to the line manager
and copied to Professional Standards. It can be submitted on one document, but it must:
Identify each employee who wishes to raise the grievance;
Identify the nominated trade union or companion to represent the aggrieved colleagues;
State that all aggrieved colleagues have all consented to use the collective grievance
procedure; and
Confirm that the colleagues understand that the grievance will give each employee the right
to only one collective grievance meeting, one identical outcome and (if applicable) one
appeal meeting and one identical appeal outcome.
If the group wish to submit individual grievance letters, each of the letters must contain the
information set out above and they must all be sent to the same manager and copied to
professional standards.
The process will then follow that outlined above.
Where an issue relates to a local or nationally agreed decision which has progressed through
agreed Consultation or Negotiation protocols, employees may raise their complaint via their
Trade union or Representative body who can discuss the issue as part of the structured
employee relations process via the local or National Joint Secretaries. This will comply with
the National and local Schemes of Conditions of Service.
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Service Instruction 0867: Grievance Procedure
Equality and Diversity Monitoring
To identify trends and to maintain compliance with current legislation, and in keeping with good
practice, all cases will be monitored in terms of equality and diversity.
Recording of Grievance Matters
At the conclusion of the formal stages of the grievances all papers will be sent to the
Professional Standards team and securely filed. No papers are allowed to be retained by
Managers, officers, employees or witnesses to the case.
All grievance and mediation documentation, other papers or accounts connected with a
grievance will at all times be treated in confidence. It must be accepted that in the process of
resolving grievances, disclosure, may be made to suitably qualified personnel on a need to
know basis to ensure appropriate solutions, monitoring for training, development and policy
issues are implemented.
Where any person involved in this procedure willfully fails to maintain reasonable
confidentiality, or seeks to unduly influence any party to the grievance, such action may be
interpreted as harassment, particularly if victimization results as a consequence and will be
subject to the conduct procedure.
Failure to maintain confidentiality by any parties involved may be considered as Gross
Misconduct and may result in formal action under the conduct procedure.
The Authority treats personal data collected in accordance with its data protection policy and
related service instructions. Information about how data is used and the basis for processing
data is provided in the Authority’s employee privacy notice
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