Staff Handbook Section 15 - Grievance Procedure
Index to Section 15
Overlapping Grievance and Disciplinary Cases
1. A grievance is defined as: ‘a complaint by an employee about action which his employer has taken or is contemplating taking in relation to him’. The grievance procedure provides a means by which such a grievance can be aired and resolved.
2. Nothing in this procedure is intended to prevent you from raising any matter informally. Informal discussion can frequently solve problems without the need for a written record but if you wish your grievance to be recorded and investigated formally, please make this clear at the outset.
3. If you have a grievance relating to any matter regarding your employment (except personal harassment, for which there is a separate procedure outlined in the following section), and it is not possible to resolve your grievance informally you must raise the matter formally either with your Head of Department or to another manager who is not the subject of the grievance, such as another Head of Department, the director of College Services or the Bursar. This should be done in writing and should set out the nature and extent of your grievance.
4. Upon receipt of your letter the College will arrange a formal meeting to be held, without unreasonable delay, at which you will have the opportunity to explain your grievance and how you think it should be resolved. Consideration will be given to adjourning the meeting for any investigation that may be necessary to be carried out.
5. The meeting will normally be chaired by the Bursar or, if appropriate, another College Officer. The College will always try to arrange the hearing at a reasonable time, and you must take reasonable steps to attend the hearing. If the time and/or date set for the hearing is not convenient, you must ask for the time and/or date to be rearranged.
6. You have a statutory right to be accompanied by a companion at a grievance meeting which deals with a complaint about a duty owed to you by the College. For example where you believe that the College is not honouring your contract or is in breach of legislation. You companion may be a fellow member of staff or a suitably qualified trades union official or representative of your choice. To exercise this right, you must make a reasonable request.
7. Your companion may address the meeting to put and sum up your case, respond on your behalf to any views expressed at the meeting and confer with you during the meeting, but may not answer questions on your behalf, address the hearing if you do not wish it or prevent you from explaining your case.
8. After the meeting the College will write to you informing you of any decisions made as a result of the meeting and if appropriate, what action will be taken to resolve your grievance.
9. If you are not satisfied with the outcome, you will have the right to appeal against the outcome. If you wish to appeal, you should write to the College setting out your grounds for appeal. Appeals will be heard by another College Officer or a senior member of the Governing Body, who has not previously been involved with the case. You will be informed as to the time and place of the appeal hearing in advance and you have the right to be accompanied at the hearing. The appeal is the final stage of the College’s Grievance Procedure.
OVERLAPPING GRIEVANCE AND DISCIPLINARY CASES
10. Where a member of staff 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.
11. Where an employee wishes to raise a grievance once employment has ended, the College may use the Modified Grievance Procedure.&The Modified Grievance Procedure will only apply where both the College and the employee wish to proceed in accordance with it.
12. The Modified Grievance Procedure will consist of a written statement of the grievance by the employee and a response in writing from the College.
13. Where an employee wishes to use the Modified Grievance Procedure, he should notify the Bursar in writing that he wishes the Modified Grievance Procedure to be followed.
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