Individual Grievance Procedure
The grievance procedure is the procedure by which an employee has the opportunity to raise a grievance either informally and/or formally and to discuss this with their employer with a view to having it resolved.
General Principles
- Grievances should be raised as soon as possible, to allow issues to be resolved quickly.
- Employees should be given the opportunity to explain their grievance and how they think it should be resolved.
- If the employee’s grievance is against their line manager/supervisor they may raise the matter with another manager in the organisation, where possible. Otherwise the grievance should be raised with the Manager
- The employer will ensure that the timing and location of all meetings under this procedure are reasonable.
- As far as is reasonably practicable, appeal hearings will be conducted by a member of management more senior than the manager who took the decision which is being appealed. This does not apply where the most senior manager attended the hearing at which the decision being appealed was taken.
- Employees will be entitled (where reasonably requested) to be accompanied to any grievance or appeal hearing by a fellow worker or Trade Union Official (who may be either a full-time official employed by a union or a lay union official who has been reasonably certified in writing by his/her union as having experience of, or as having received training in, acting as a worker’s companion).
- Employers, employees and their companions should take reasonable steps to attend grievance and appeal meetings.
- Records shall be kept detailing the nature of the grievance raised, the employer’s response, any action taken, the reasons for it and other information relevant to the process. These records shall be kept confidential.
- There may be circumstances where the employer and employee feel it would be beneficial to involve a third party to help in resolving the issue, through for example a process of mediation. In this instance the grievance procedure may be temporarily set aside.
Dealing with a grievance informally
If an employee has a grievance or complaint, the employee wherever possible should be encouraged to discuss it in the first instance with their line manager/supervisor or the overall manager. A solution may be arrived at informally.
Formal grievance
If it is not possible to resolve a grievance informally, the employee should raise the matter formally in writing to the Line Manager/ Foreman. The written grievance should contain details of the nature of the grievance and how they feel it might be resolved.
Grievance hearing
The employee will be called to a meeting to discuss their grievance. This will normally be held within 5 working days from receipt of the complaint in writing. Employers should afford the employee the opportunity to explain their grievance and how they think it might be resolved. The employee will be entitled to be accompanied at this meeting. Following the meeting the employer (within 5 working days) will advise the employee in writing what, if any action they have decided to take along with a full explanation of how the decision was reached. The employee should be informed that they can appeal (and to whom the appeal should be made) if they feel that the grievance has not been satisfactorily resolved.
Appeal
If the employee wishes to appeal they should let senior management know in writing stating their reasons(s) for appeal. This should be done within 5 working days of the grievance hearing decision being communicated in writing to them. Within 5 working days of receipt of the appeal an appeal meeting will take place. The appeal will be conducted by a senior manager or by an independent appointment of his choice. The employee will be entitled to be accompanied at this meeting.
Following the meeting management will advise the employee in writing of the outcome of the appeal, no later than 5 working days from the appeal being heard. This decision is final.
Disciplinary Procedure
The Contract of Employment sets out the applicable grievance and disciplinary procedure and different organisations may opt for 2 or 3 written warning policy.
Written Warning : A written warning may be given immediately if it is felt that the matter is serious, if there has been no improvement in standards following a verbal warning or if a further incident of a similar kind occurs. Your line manager or other such person will invite you to a hearing to discuss the problem and may give you a written warning.
Final Written Warning
A final written warning may be given if an initial offence is very serious or if conduct, performance or attendance remains unsatisfactory following a verbal or written warning. It may also be given if an incident of unsatisfactory performance or conduct occurs following a previous verbal or written warning. Your line manager or Director will invite you to a hearing to discuss the problem and may give you a final written warning. The final written warning will state that any recurrence of the offence, or further misconduct of a similar nature within 12 months will result in dismissal. Final written warnings will be kept on your personnel file.
Dismissal
If, following a final written warning, performance, conduct or attendance does not improve significantly or further misconduct occurs, the employee may be dismissed. Dismissal will be authorised by senior management. The line manager or Director will invite the employee to a hearing to discuss the problem, informing the employee that the disciplinary meeting may lead to dismissal. In the event of dismissal the employer may decide to pay the employee in lieu of notice. The employee has the right to appeal against the decision but where the notice period would expire before the outcome of the appeal is known, the employee will be suspended without pay until the appeal process is completed. The employee is to receive a written statement of dismissal within 14 days of the dismissal hearing.
At all stages of the disciplinary procedure the employee will have the right to be accompanied by a Trade Union Representative or a work colleague. The right to appeal exists against all disciplinary warnings.
Gross Misconduct
Gross misconduct includes any action which threatens the employers business, its work or its reputation, the people or organisations connected with the employer or members of the public or which destroys the employers trust in the employee. Examples include theft, damage to property, fraud, incapacity to work through being under the influence of alcohol or illegal drugs or other substance abuse, physical assault or threatening behaviour, gross insubordination, negligence, harassment or any other discriminatory behaviour or conduct which endangers others. It would also cover breaches of confidentiality or professional conduct and inappropriate or misuse of office equipment, including computer, e-mail or internet access.
This list is not exhaustive and actions not listed above may also constitute gross misconduct. If an employee is accused of an act of gross misconduct the employee will be suspended on full pay for up to 10 working days whilst an investigation takes place. If, after investigation, the case against the employee is proved the employee may be dismissed without notice and without pay in lieu of notice.
Suspension
If it is considered that an employee’s presence may result in a witness in any disciplinary proceedings feeling intimidated, the employee may be suspended on full pay. The fact of such suspension will not be taken into account in any disciplinary proceedings.
Appeals
An employee is entitled to appeal against any disciplinary warning or decision to dismiss. The employer or senior management you must be notified in writing within five working days of receiving the written warning or other written notification of any decision. The Notice of Appeal must specify the grounds of appeal against or the issues being contested.