Grievance Procedure for Senior Post-holders
GRIEVANCE PROCEDURE FOR SENIOR POST-HOLDERS
BACKGROUND
Following consultation, in accordance with the Instruments and Articles of Government, with Senior Post Holders during May 2007, the following grievance procedures for Senior Post Holders were approved by the Corporation on 21 June 2007 and came into effect from 22 June 2007 (minute 846 Rii). The procedures are based on the AOC model issued as Employment Briefing 7/07.
1 SCOPE AND PURPOSE
1.1 This procedure applies to the Principal and all senior post holders as defined in the Corporation’s Articles of Government. References to section numbers are to the numbered sections of this document.
1.2 The purpose of this procedure is to:
· Enable senior post-holders who consider that they have a grievance or complaint arising from their employment to have it dealt with at the appropriate level as expediently as possible.
· To promote fairness and consistency in the process by which grievances or complaints arising from a senior post holders employment is considered.
1.3 This procedure will not apply to any grievances concerning complaints or disputes which are covered by separate procedures or arrangements of the Corporation.
2 GENERAL PRINCIPLES
2.1 These rules and procedures will be reviewed regularly and applied in accordance with the Corporation’s Articles of Government and taking into account developments in employment legislation and good practice and current guidance provided by the Advisory, Conciliation and Arbitration Service.
2.2 It is anticipated that the majority of senior post-holders’ grievances can be resolved directly with the person or persons concerned. This procedure sets out the process for grievances to be considered where this is not possible or the grievance is unresolved.
2.3 The Corporation is committed to resolving each stage of the procedure as soon as reasonably possible, taking into account the need to investigate any grievance fairly and adequately and any constraints imposed by staff availability.
2.4 A senior post-holder (and any other member of staff asked to attend) has the right to be accompanied at any grievance hearing at any stage of the formal procedure by a representative of a trade union or a workplace colleague.
2.5 In circumstances where a grievance hearing has been arranged but the trade union representative or workplace colleague is unable to attend the proposed hearing, the hearing may be postponed if the senior post-holder (or member of staff affected) can offer an alternative date and time which is reasonable and falls within 5 working days after the day on which the original hearing was proposed.
2.6 A workplace colleague chosen to accompany a senior post-holder (or any other member of staff attending) at a grievance hearing will be permitted to take paid time off during working hours to attend the hearing.
2.7 At least 5 working days in advance, a senior post-holder (and any other member of staff attending) must alert the person or committee who is considering his or her grievance to the identity of any person which the senior post-holder (and other member of staff) proposes to accompany him or her at a grievance hearing.
2.8 Matters investigated as part of a grievance may, in appropriate circumstances, lead to and be used as part of disciplinary proceedings under the Corporation’s disciplinary procedure.
2.9 The fact that a senior post-holder has invoked the grievance procedure will not (in the absence of exceptional circumstances) preclude the Corporation from instituting, continuing with or concluding disciplinary proceedings, whether they involve the senior post-holder or other members of staff.
2.10 All reasonable steps will be taken to maintain confidentiality and written records of any grievance proceedings shall be kept and maintained by the Corporation in accordance with the Data Protection Act 1998.
3 PROCEDURE
Informal Procedure
3.1 A senior post-holder who has a grievance should first raise it informally with the Principal or, if the grievance is against the Principal or the Principal has a grievance, it should be raised with the Chair of the Corporation, or in his or her absence the Vice-Chair of the Corporation.
3.2 The grievance should be raised orally at this informal stage.
3.3 The person considering the grievance will take such steps he or she considers necessary to resolve the grievance as quickly as possible, on an informal basis.
3.4 If the matter is very serious or in other circumstances where the senior post-holder does not wish to raise the matter informally, the senior post-holder may proceed straight to the formal stage of the procedure.
Formal Procedure
3.5 If the grievance cannot be resolved under the informal procedure, or in the event that paragraph 3.4 applies, a senior post-holder must prepare a written statement of his or her grievance.
3.6 The written statement should be sent to the Clerk to the Corporation for the grievance to be considered at this stage by the Chair of the Corporation. If the Chair of the Corporation is absent or has already considered the grievance at the informal stage, the grievance will be considered by the Vice-Chair of the Corporation and references in sections 3.7 to 3.9 below to the Chair will include the Vice-Chair (as appropriate).
3.7 The Chair (or, as appropriate, the Vice-Chair) shall undertake all reasonable investigations as soon as reasonably possible. Where a grievance is against another member of staff, this will include seeking comments regarding the grievance from such member of staff.
3.8 The Chair (or, as appropriate, the Vice-Chair) shall convene a grievance hearing with the senior post-holder to take place within [20] working days of the Clerk receiving the written statement, or as soon after that as reasonably possible. The senior post-holder will be given as much notice as reasonably possible of the grievance hearing and the conduct of the hearing will be at the Chair’s discretion. If the grievance involves another member of staff, the Chair may require the attendance of such a member of staff or any other members of staff who may be able to provide relevant information. If any documentation is to be considered at the hearing, it will be circulated at least 5 working days in advance of the hearing.
[NB: Grievances must be dealt with without unreasonable delay. A grievance hearing should be convened within 10 working days of receiving the grievance.]
3.9 The Chair’s decision will be confirmed in writing to the senior post-holder by the Clerk to the Corporation within 10 working days of the hearing. If it is not possible for a decision to be reached within this period, the Clerk will write to the senior post-holder on behalf of the Chair with an explanation for the delay and when the written decision can be expected. The decision will include a reminder that the senior post-holder has a right to appeal against the decision if he or she is not satisfied with it.
Appeal
3.10 If a senior post-holder is dissatisfied with the decision at the conclusion of the formal procedure, he or she may appeal. The appeal must be made in a written statement setting out the grounds for the appeal and the statement must be sent to the Clerk to the Corporation within 10 working days of receipt by the senior post-holder of the written decision following the formal procedure.
3.11 The Corporation will appoint a committee of the Corporation (“the Appeal Committee”) which, if not already appointed by the time the appeal by the senior post-holder is received by the Clerk, will be appointed as soon as reasonably possible.
3.12 The Appeal Committee shall undertake any further investigations which it considers necessary as soon as reasonably possible.
3.13 The Appeal Committee shall convene an appeal hearing with the senior post-holder to take place within [10] working days of its appointment or receipt by the Clerk of the appeal (whichever is the later), or as soon after that as reasonably possible. The conduct of the hearing will be at the Appeal Committee’s discretion, save that the senior post-holder has a right to be accompanied as detailed in section 2.3. If the grievance involves another member of staff, the Appeal Committee may require the attendance of such member of staff or any other members of staff who may be able to provide relevant information. If any documentation is to be considered at the hearing, it will be circulated at least 5 working days in advance of the hearing.
3.14 The Appeal Committee’s decision will be provided in writing by the Clerk to the Corporation to the senior post-holder within 10 working days of the appeal hearing. If it is not possible for a decision to be reached within this period, the Clerk will write to the senior post-holder on behalf of the Appeal Committee with an explanation for the delay and when the written decision can be expected.
3.15 The Appeal Committee’s decision shall be final.
