GRIEVANCE POLICY AND PROCEDURE Prepared by:
Barry Lane
Responsible Area: Approval Information:
Human Resources/Organisational Development Date Approved: 31 October 2007 COMMITTEE:Trust Board Approved By:
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Reference to Standards for Better Health Domain Core/Development standard Performance indicators
October 2010
Example : Department of Health 2004 Standards for Better Health First domain Safety Fourth domain Patient focused Seventh domain Public Health Department of Health 2004 Example: Core Standard C4 C13B C24 1. 2. 3.
(Key measure(s) to demonstrate policy, protocol or guideline is working (minimum 1, maximum 3)
KIRKLEES PRIMARY CARE TRUST
Grievance Policy and Procedure
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1.
INTRODUCTION The Primary Care Trust (PCT) is committed to good employee/management relations and encourages employees, trade union representatives and management to resolve grievances fairly, quickly and as near to the point of origin as possible. This procedure replaces previous grievance procedures and applies to all employees and officers within the PCT. It has been developed in line with the ACAS Code of Practice on Disciplinary and Grievance Procedures and in line with the statutory grievance procedure. The Primary Care Trust acknowledges and appreciates the efforts currently and jointly made to resolve issues of concern informally and fully encourages and supports the continuation of this commitment. However, if grievances cannot be resolved on an informal basis, then employees have a right to lodge their grievances through the formal machinery as detailed below. The formal resolution process can deal with the following types of matters:a) application of conditions of service (including pay queries) b) working conditions c) working procedures/practice It may be appropriate, by mutual agreement to advance through stages of the procedure for a speedy resolution. In particular if a grievance is directed at a manager who has tried to deal with this informally then that particular stage should be bypassed. As a general principle the status quo will remain until all procedural means of solution are exhausted. The exception will be issues which involve a breach of statutory obligations, Standing Financial Instructions or matters of probity.
2.
PROCEDURE/STAGES First Stage Following the failure of informal attempts by the line manager to resolve a grievance, employees who remain aggrieved about any aspect of their employment should formally lodge their grievance in writing to their department manager outlining the details of their grievance. This stage constitutes Step 1 of the Statutory Grievance Procedure. The manager will arrange a meeting of all relevant parties to try to resolve the grievance. This meeting constitutes Step 2 of the Statutory Grievance Procedure. Where possible the meeting should be arranged within 15 working days (3 weeks) of the date of receipt of the written grievance. The
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manager should be accompanied at the meeting by a Human Resource Manager or delegated deputy and employees should be advised of their right to be accompanied by a trade union representative or friend not acting in a legal capacity. At the hearing the employee/s or their representative will be given the opportunity to explain their grievance and invited to explain what they feel the resolution should be. Where applicable the manager who made informal attempts to resolve the issues will respond to the case explaining any previous actions taken to attempt to resolve this issue. The manager will also be invited to explain what they feel the resolution should be. Both parties, the manager hearing the grievance and the HR manager will have the opportunity to ask any questions of the employee and the manager. Either party may choose to bring witnesses to support their case. It is the responsibility of the party who requires the witness to ensure they are informed of the meeting and are able to attend. Where either party wishes written information or evidence to be considered this should, where possible be submitted a minimum of 2 days prior to the meeting to allow all parties the opportunity to read and consider the information prior to the hearing. Where this is not possible written information may be accepted at the meeting at the discretion of the manager hearing the grievance. In such cases arrangements should be made for all parties to have sufficient time to read and consider the information presented. This may require an adjournment. The manager hearing the grievance may adjourn the meeting at any time to request further information or investigation. Following receipt of all the information the manager may choose to adjourn to consider the evidence prior to making a decision. Where possible the manager should inform the parties of the decision on the day of the meeting but where this is not possible the decision should be notified to them in writing within 5 working days of the meeting. The letter should outline how the employee can appeal to the next level if they remain aggrieved. If employees still feel aggrieved then they may refer the matter to their director under the next stage of the procedure in writing, outlining the grievance within 5 working days of receipt of the decision.
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Second Stage The employee should refer the grievance to the director. This stage constitutes Step 3 (Appeal) of the Statutory Grievance Procedure. The Director will arrange a meeting of all relevant parties Where possible the meeting should be arranged within 15 working days (3 weeks) of the date of receipt of the written grievance. The Director should be accompanied at the meeting by a Human Resource Manager or delegated deputy and employees should be advised of their right to be accompanied by a trade union representative or friend not acting in a legal capacity. At the hearing the employee/s or their representative will be given the opportunity to explain their grievance and invited to explain what they feel the resolution should be. Where applicable the manager concerned will respond to the case explaining any previous actions taken to attempt to resolve this issue. Both parties, the Director hearing the grievance and the HR manager will have the opportunity to ask any questions of the employee and the manager. Either party may choose to bring witnesses to support their case. It is the responsibility of the party who requires the witness to ensure they are informed of the meeting and are able to attend. Where either party wishes to submit written information or evidence for consideration this should, where possible be submitted a minimum of 2 days prior to the meeting to allow all parties the opportunity to read and consider the information prior to the hearing. Where this is not possible written information may be accepted at the meeting at the discretion of the Director hearing the grievance. In such cases arrangements should be made for all parties to have sufficient time to read and consider the information presented. This may require an adjournment. The Director hearing the grievance may adjourn the meeting at any time to request further information or investigation. Following receipt of all the information the manager may choose to adjourn to consider the evidence prior to making a decision. Where possible the Director should inform the parties of the decision on the day of the meeting but where this is not possible the decision should be notified to them in writing within 5 working days of the meeting. The letter should outline how the employee can appeal to the next level if they remain aggrieved. If employees still feel aggrieved then they may refer the matter to the final stage of the procedure by putting their grievance in writing to the Director of Human Resources within 5 working days of receipt of the decision.
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Final Stage The Director of Human Resources or a nominated deputy will act as secretary to the final stage appeal panel and make all the necessary arrangements. A letter will be sent to all parties confirming the arrangements for the meeting and requesting a statement of case and any supporting evidence at least 5 working days prior to the meeting. Where possible a minimum of 10 days notice should be given of the date of the meeting. On receipt of both statements of case the secretary to the panel will arrange for these to be sent out to both parties and all panel members. The panel will comprise an Executive Director as Chair, the Director of Human Resources or a nominated deputy and a local trade union representative. The local trade union representative must be an accredited representative of an organisation that is not involved in the grievance. Where no local representatives are available then an accredited representative of a local NHS organisation or a full time officer will be requested to be the panel member. Executive directors who have been involved in the grievance will not be appointed to the panel. The panel will attempt to arrange a meeting to resolve the grievance within 20 working days (4 weeks). Both the PCT and aggrieved employee have the right to request flexibility of this timescale to either extend or reduce the above timescale in certain circumstances for example where the ongoing grievance is causing employee relations for other staff, or where services are being disrupted. All cases should therefore be considered on merit and in cases of doubt discuss this with HR and the employee/representative involved with the grievance. A Human Resource Manager may be requested to attend to take minutes of the meeting. The panel may seek the advice of a clinical professional advisor in considering a grievance that concerns professional issues. The panel will make a decision following the hearing of the appeal. The decision will be binding on the full PCT Board and it will be conveyed to the employee(s) as soon as practicable after the panel has made its decision. The panel will make every effort to reach a unanimous view. If, however, after full consideration and debate this appears unlikely a majority decision can be accepted. This is the final decision making stage. NOTE The timescale of 15 and 20 working days has been allowed in the interest of fairness to afford the opportunity for thorough preparation combined with the availability of key employee/management representation to do justice to the grievance. It is noted that under certain circumstances it may be necessary to extend the timescales outlined.
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3.
COLLECTIVE GRIEVANCES Where a group of employees have a collective grievance the procedure outlined for individual grievances will be followed with the exception that the Final Stage will be augmented by agreement as follows:In the event of failure to agree and with the consent of both parties the assistance of ACAS will be sought. ACAS will operate in a conciliatory role and if unable to resolve the collective grievance then by mutual agreement an Independent Panel made up of ACAS officials may arbitrate. ACAS intervention in a conciliatory role at any stage (Collective Grievance) can be requested by the mutual agreement of each party to the dispute. Both parties to the dispute will accept the recommendations made. The decision of arbitration will be binding unless it conflicts with a directive of the Secretary of State for Health or nationally agreed pay and terms of employment. In meetings involving collective grievances notification should be given of all the parties involved in the grievance. Depending on the numbers of individuals concerned 1 or 2 employees should be selected to present the case for the group. Where the group are represented by different trade unions/staff associations a representative from each will be able to attend but it is recommended that one representative is selected to lead the presentation of the case. Each representative should however be given the opportunity to add anything they feel is relevant to the case during the meetings. If the grievance reaches the final stage and there are no local representatives available whose trade union is not involved in the case then efforts should be made to replace the trade union member of the panel with an alternative impartial panel member, e.g. Non-Executive Director or Professional Executive Committee member. Where possible this should be done by mutual agreement.
4.
NOTES/SUPPORTING INFORMATION At all meetings the aggrieved employee/s will be required to attend the meeting unless it is a collective grievance when paragraph 3 will apply. A human resource manager will be a fully participating member of the grievance panel at the first and second stages and will maintain consistency in use of the procedure and advise on good employment practices. The Director of Human Resources or a nominated deputy will undertake this role at the final stage. If stages in the procedure can not be followed rigidly for any reason such as: next line manager implicated in grievance, then by-passing should be mutually agreed by both parties.
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Any employees who are requested to attend as appellants or witnesses will be entitled to paid time off to attend or time in lieu where the meeting is at a time when they would not normally be working. 5.
PROCEDURE AT GRIEVANCE HEARINGS At the hearing the following procedure will be observed:-
(i)
Introductions and explanation of the procedure by the chair of the meeting.
(ii)
The employee or representative shall state their case and call any witnesses.
(iii)
The members of the panel and management representative shall be entitled to question the employee(s), his/her witnesses on any matters referred to as part of the presentation of their case by members of the panel or the management representative.
(iv)
The employee or representative may re-examine his/her witnesses on any matters raised by questions asked by members of the panel or management representative.
(v)
The management representatives shall state his/her case and call any witnesses.
(vi)
The members of the panel and the employee or representatives shall be entitled to question any witnesses called and the management representative.
(vii)
The management representative may re-examine his/her witnesses on any matters raised by questions from by members of the panel, the employee or representative.
(viii)
The employee or representative shall be entitled to reply to the management case.
(ix)
The management representatives, the employees and their representatives will be required to be present throughout the whole of the meeting. Witnesses will be asked to withdraw once they have given their evidence.
(x)
Nothing in the foregoing procedure shall prevent members of the panel from inviting the representative of either party to elucidate or amplify any statement they have made.
(xi)
Prior to adjournment the panel chair will ask both parties to sum up their case. The manager will sum up first followed by the employee/s.
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At this stage no new information or evidence should be introduced that has not been referred to previously. (xii)
The panel may, at their discretion, adjourn an appeal in order that further evidence may be produced by either party to the dispute.
(xiii)
The management representative, the employee(s) and representative shall withdraw.
(xiv)
The panel, with human resources manager appointed as secretary to the panel, shall deliberate in private only recalling both parties to clear points of uncertainty on evidence already given. If recall is necessary both parties shall return in order for both to hear the point regarding clarification.
(xv)
The panel decision will be binding on the Trust Board, and it will be conveyed to the employee as soon as practicable after the panel has made its decision. This represents the final stage of the procedure.
6.
GRIEVANCES AFTER RESIGNATION Where a grievance has been submitted during an employees notice period, after the resignation or after leaving the organisation the manager should seek the urgent advice of an Assistant Director of Human Resources. Efforts should be made to contact the employee/former employee to arrange a grievance hearing. In some circumstances the grievance can be considered in writing if the individual has left (Modified Grievance Procedure) but must be by mutual agreement with the individual. Where possible a meeting to discuss the issues in full is advisable.
7.
NON-ATTENDANCE AT MEETINGS Except in group grievance where paragraph 3 applies all individuals submitting a grievance are required to attend the meetings arranged. The manager arranging the meeting will attempt to find a mutually convenient time for both the individual and their representative within the timescale. If the individual or their representative is unable to attend the meeting after it has been arranged for legitimate reasons the manager will seek to arrange another suitable date. If the employee or their representative fails to attend this second meeting the manager may chose to reject the appeal and make no further attempts to rearrange the meetings.
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8.
RESPONSIBILITIES Responsibilities of the Director
The director should uphold the principles of staff involvement and empowerment within their directorate.
The director should ensure that any grievances from staff (either informal or formal) are addressed fully and in a timely manner.
Responsibilities of Line Managers
Line managers at all levels are responsible for responding to formal grievances as specified within the procedure.
Line managers are responsible for ensuring all aspects of any grievance lodged is fully considered.
All line managers are responsible for establishing the 1st and 2nd stage hearings and for confirming the outcome of the decision in writing to their staff. (Advice from HR staff will also be available for this).
Line managers are responsible for informing and seeking the support of a human resource manager prior to formal grievance hearings.
Responsibilities of Employees
The employee is responsible for attending any formal meetings established and providing all information appropriate to the case in a timely manner prior to the hearing as requested.
Responsibilities of the Human Resources Directorate
The human resources directorate is responsible for ensuring the consistent application of this policy within the PCT.
The human resources directorate is responsible for the provision of advice and guidance to line managers at all stages of this procedure.
Human resource managers will be required to attend all stages of the hearings to provide advice and guidance and to take notes of the proceedings.
A human resource manager will also provide support to the panel at the final stage of a grievance.
The human resource manager will provide support and assistance to line managers with the production of any letters as part of this procedure.
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Responsibilities of Trade Union Representatives
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
The trade union representative is responsible for advising members on the policy and procedure as requested.

The trade union representative is responsible for the presentation of the employees case if requested to do so by their members, including the provision and submission of any papers within the time limits requested.
REVIEW OF POLICY This policy will be reviewed within 3 years of implementation within the PCT.
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