HRPOL15 Grievance Policy GROUP WIDE V8 by Provide Community

Grievance Policy & Procedure

Version: V8

Ratified by: People and Culture Steering Group

Date ratified: 18 February 2025

Job Title of author: Director, People Partnering

Reviewed by Committee or Expert Group Staff Partnership Forum

Equality Impact Assessed by: Director, People Partnering

1.1 General

It is our policy to ensure that all our employees have access to a procedure to help resolve any grievances relating to their employment quickly and fairly. This procedure applies to all employees and Workforce Solution workers. However, we reserve the right not to apply this procedure in respect of employees still in their probationary period (refer to the Probationary Policy) or first year of employment. It does not apply to agency workers or self-employed contractors.

1.2 Promptness

Any steps under this procedure should be taken reasonably promptly unless there is a good reason for delay. The time limits in this procedure may be extended if it is reasonable to do so.

1.3 Procedure Discontinued

We may vary this procedure as appropriate to a particular case. The procedure may also be discontinued if it becomes impracticable for any party to continue with it. In any case we will inform you in writing of the final outcome of your grievance.

1.4

Notification of Disability

If you require any reasonable adjustments because of a disability, you should notify us so that we can provide assistance.

1.5 Right to be Accompanied

All employees have the right to be accompanied at any formal meetings by a trade union representative or a work colleague.

1.6

Right to Refuse Companion

In some circumstances your choice of companion may not be allowed: for example, anyone who may have a conflict of interest, or whose presence may prejudice the meeting. We may also ask you to choose someone else if the meeting would have to be delayed for over five working days because your companion is unavailable.

2 RAISING AN INFORMAL GRIEVANCE

2.1 Employees will be required to outline their grievance, giving specific details, and confirm the outcome sought. If the grievance is against their manager, it may be raised with the manager’s line manager. The issue(s) raised should be dealt with as quickly as practicable. The appropriate manager will investigate the matter. This may involve meeting with the employee, on more than one occasion if necessary, and considering any supporting information provided.

2.2 Most grievances can be resolved quickly and informally through discussion, this may include facilitated conversations or through mediation. If both parties agree to engage in a facilitated discussion or mediation as a way of resolving their issues, the manager should contact the People Partnering Team as soon as possible so this can be arranged.

2.3 If an informal process does not resolve the problem, you should follow the formal procedure below.

3 RAISING A GRIEVANCE FORMALLY

3.1 To raise a formal grievance the employee should submit the grievance in writing to their manager or their manager’s line manager (if the grievance is against the immediate manager) within 14 calendar days (excluding bank holidays) of receiving the outcome of the Informal Stage.

3.2 The employee should clearly state the basis of any grievance(s), the outcome being sought, and the reasons for continuing to be aggrieved.

3.3 If a formal grievance is not received within the time limit it will be taken that the grievance is settled, unless a delay has been expressly agreed in advance with the Director of Operations or Head of Service.

3.4 In exceptional circumstances, a grievance may be lodged at the Formal Stage without reference to the Informal Stage if both the manager and the line manager’s manager are both the subject of the grievance.

3.5 The Formal Stage Grievance must be submitted to the relevant senior manager in writing who will make a decision and confirm in writing to the employee:

 if the grievance should be considered directly under the Formal Stage of this procedure; or

 whether it should be referred back to the Informal Stage.

An appropriate manager with the relevant authority will be nominated to try and resolve it at that stage; this would be without prejudice to the employee’s right to proceed to the Formal stage if dissatisfied with the Informal Stage outcome.

3.6 A grievance raised in accordance with the Dignity at Work Policy which has had no resolution at the Informal Stage of that policy will be raised at the Formal Stage of this procedure. In this situation, the Investigating Officer may be a manager from another Division/Directorate.

3.7 On receipt of a Formal Grievance, the designated manager will investigate the matter as the Investigating Officer.

 They will meet with the employee, within 14 calendar days (excluding bank holidays) of receipt of the Grievance to confirm the grievance details and outcome sought and agree an indicative timescale for the investigation.

 This may involve meeting with the employee on more than one occasion and considering any supporting information provided to ensure a thorough investigation and resolution to the matter.

 They may meet with the employee lodging the grievance and the employee the grievance is against, where applicable, and they may also need to meet appropriate witnesses identified by either party.

 The People Partnering Team will support the Investigating Officer as appropriate. Investigating Officers should have received appropriate training in investigation skills or equivalent.

3.8 If applicable, the Investigating Officer will write to the employee the grievance is against outlining:

 the nature of the grievance,

 the outcome sought, and

 advise of any meetings set up to investigate and resolve the matter.

3.9 After due consideration, the Investigating Officer may uphold or dismiss the grievance.

3.10 Where possible, they will meet with the employee raising the grievance and the employee the grievance is against, either separately or together, to inform them of their decision and if applicable, outline any proposed action(s)/recommendations that should be taken. If recommendations have been made, a review period should be agreed along with details of who and how the recommendations will be reviewed.

3.11 Following an outcome meeting, the Investigating Officer will confirm their decision in writing, to the employee raising the grievance within 7 calendar days (excluding bank holidays). The letter will also confirm the employee’s right to appeal, if they are dissatisfied with the outcome.

3.12 The Investigating Officer will also confirm in writing, their decision to the employee the grievance is against within 7 calendar days (excluding bank holidays) of any meeting.

3.13 The outcome of the grievance investigation may be as follows:

 Grievance upheld in full or partially

The Investigating Officer will confirm that the grievance is wholly / partially substantiated. Recommendations may be made by the Investigating Officer to resolve the cause of the grievance, and mediation may be included to facilitate an effective working relationship in the workplace.

 Grievance dismissed

The Investigating Officer will confirm that there is insufficient evidence to substantiate the grievance.

 Grievance dismissed (with suggested course of action)

This may be for line management actions. Mediation may be recommended to ensure there is an effective working relationship in the workplace.

3.14 The use of mediation can be beneficial in resolving grievances following the outcomes being given, due to the potential ongoing conflict that can remain. If recommended as part of a grievance outcome, then a pre-mediation session would be offered and both parties would need to consent.

Both parties to the grievance would be given the opportunity to be accompanied at a pre-mediation session by a union representative or workplace colleague, in order to agree objectives of the mediation. Subsequent sessions would be held confidentially with the mediator and the parties to the grievance.

4 GRIEVANCE APPEAL - FINAL STAGE

4.1 Appeals can be made in relation to the following circumstances:

 the grievance was not upheld where the evidence does not support this outcome

 the correct policy or process was not followed

 new evidence has come to light that would change the outcome

 the outcome is inconsistent with how others have been treated

4.2 To raise an appeal this should be submitted in writing to the appropriate Senior Manager within 14 calendar days (excluding bank holidays) of the date of the letter confirming the outcome of the Formal Stage.

The employee should clearly state the reason for continuing with the grievance and the outcome being sought.

4.3 If an Appeal is not received within the 14 calendar days (excluding bank holidays) time limit it will be taken that the grievance is settled, unless a delay has been expressly agreed in advance with an appropriate Senior Manager.

The only exception to this is where an employee has accepted the Formal Stage outcome but the proposed actions from this have not been implemented within the agreed timescale. If this occurs, the employee may request that a Grievance Appeal hearing is convened.

4.4 The Appeal Panel for the meeting will normally consist of the Director of Operations/Head of Service for the directorate and a representative from the People Partnering Team. Management may include a third panel member if the case is considered particularly complex.

4.5 The Chair of the Appeal Panel will:

 Make arrangements for a hearing to be convened to consider the grievance within 28 calendar days (excluding bank holidays) of receipt of the Grievance Appeal.

Where an appeal cannot be considered within this time period, an explanation must be provided and a new timescale agreed.

 Give the employee at least 14 calendar days (excluding bank holidays) written notice of the appeal hearing. If, for an unavoidable reason, the employee is

unable to attend on the date set for the hearing an alternative date may be set on one occasion only. After this, unless the Chair of the Panel considers there is good cause for further delay, the grievance will be dismissed.

 Send a letter to the employee confirming arrangements for the hearing.

4.6 The employee raising the grievance appeal has a responsibility to obtain the agreement of witnesses attending on their behalf before passing their names to the Chair of the Panel. It is the Chair of the Panel’s discretion as to whether the witness(es) will be allowed to attend.

4.7 The outcome of the appeal may include overturning or confirming the original decision or apply a different resolution, including facilitated discussion/mediation if appropriate.

4.8 The decision at the Appeal Stage will be confirmed in writing within 7 Calendar days (excluding bank holidays) of the hearing to both the employee lodging the grievance and the employee the grievance is against.

This decision is final and exhausts the Grievance Procedure.

5 RELATIONSHIPS WITH OTHER PROCEDURES

5.1 If the grievance is raised during the course of a disciplinary process advice should be sought from the People Partnering Team. Usually, if the grievance is related to the case / allegations then it should be looked into as part of that disciplinary process and be considered by the disciplinary panel.

5.2 If the grievance is about another unrelated matter, then the grievance procedure should be invoked and run concurrently (this would not impact on any outcome of the disciplinary process as that would be dealt with on its own merit).

5.3 Where an employee is subject to a probationary period and the grievance concerns the application of the probation procedure this will be dealt with as part of any discussion or meeting under the probationary procedure. Other grievances can be raised using the grievance procedure but no extension of any notice of termination of employment under the probation procedure will be granted.

5.4 Where separate procedures exist for dealing with concerns on particular issues, these should be used instead of the grievance procedure.

6 MONITORING

6.1 This policy will be reviewed at least every 3 years in line with the Policy for the Management of Procedural Documents and more frequently in line with any legislative changes.

6.2 Review will be undertaken by a CIPD registered member of the People Partnering Team and monitoring will be conducted in respect of grievance outcomes. The need for improvement or clarification may be identified as lessons learnt, through using the process and where appropriate amendments will be made.

EQUALITY IMPACT ASSESSMENT

TEMPLATE: Stage One: ‘Screening’

Name of project/policy/strategy (hereafter referred to as “initiative”):

Grievance Policy & Procedure

Provide a brief summary (bullet points) of the aims of the initiative and main activities:

Outlines the policy and procedure for handling grievances across the Provide Group.

Project/Policy Manager: Director, People Partnering Date: October 2024

This stage establishes whether a proposed initiative will have an impact from an equality perspective on any particular group of people or community – i.e. on the grounds of race (incl. religion/faith), gender (incl. sexual orientation), age, disability, or whether it is “equality neutral” (i.e. have no effect either positive or negative). In the case of gender, consider whether men and women are affected differently.

Q1. Who will benefit from this initiative? Is there likely to be a positive impact on specific groups/communities (whether or not they are the intended beneficiaries), and if so, how? Or is it clear at this stage that it will be equality “neutral”? i.e. will have no particular effect on any group.

Neutral

Q2. Is there likely to be an adverse impact on one or more minority/under-represented or community groups as a result of this initiative? If so, who may be affected and why? Or is it clear at this stage that it will be equality “neutral”?

Neutral, people data is not highlighting that colleagues from minority/underrepresented groups are raising more grievance of grievances are being raised against them.

Q3. Is the impact of the initiative – whether positive or negative - significant enough to warrant a more detailed assessment (Stage 2 – see guidance)? If not, will there be monitoring and review to assess the impact over a period time? Briefly (bullet points) give reasons for your answer and any steps you are taking to address particular issues, including any consultation with staff or external groups/agencies.

Impact is positive, no further detailed assessment required.