Grievance Procedure
1.0 Purpose
We recognise that it is important that colleagues feel comfortable in their employment relationship. In cases where it is not possible to resolve complaints or concerns informally the grievance procedure can be used. It has been developed to allow people to communicate any complaints or issues they may have in order that they can be resolved swiftly and satisfactorily. The policy is applicable to all employees.
2.0 Policy Detail
2.1 Grievance Procedure
If you have a complaint or concern in relation to your employment, we encourage you to resolve the situation swiftly and informally by raising the issue with your immediate line manager or supervisor. In the event that there is no resolution at this stage, or if your manager deems that it is not appropriate that it remains informal, then you can use the formal Grievance Procedure.
If the investigation of a grievance identifies that a disciplinary offence has potentially been committed and results in disciplinary action then the person who heard the original grievance cannot deal with the disciplinary procedure.
For allegations concerning harassment, discrimination or bullying, you may wish to follow the complaint procedures set out in the Company’s ‘Dignity at Work’ and ‘Equal Opportunities’ policies.
Where you are invited to attend a grievance meeting you have a right to be accompanied by a fellow employee, TiME employee forum representative or a trade union official if you so request. In the case of any informal discussion held between you and your line manager for the purposes of discussing a grievance, the right to be accompanied would not apply. TiME representatives and fellow colleagues are not obligated to attend these meetings
Your chosen representative/colleague will be allowed to:
· put forward your case;
· sum up your case;
· Respond on your behalf to any views expressed ( by way of example the view may be expressed that a procedure appears not to have been properly complied with , that a company policy was made clear or that you received adequate training. Your representative may respond to those sorts of views expressed )
· confer with you during the hearing;
Your companion has no right to answer questions on your behalf nor preventing the Company from explaining the case to you.
You are responsible for ensuring your chosen companion is willing to act as such.
If your representative/ colleague is not able to attend the hearing at the time specified by the Company, then you may request an adjournment of up to five working days. It is then your responsibility to provide the Company with a suitable alternative date for the rearranged hearing within these five working days. The Company will allow an employee paid time off from their normal duties to act as your representative.
Any rescheduled dates must also be convenient to the Company representatives.
Your request for a companion must be a reasonable one. When choosing a companion it is important to bear in mind that it would not be reasonable to insist on being accompanied by a colleague where:
· Their presence would prejudice the hearing;
· The companion may have a conflict of interest;
· The companion works at a remote location where there is someone suitably qualified available on site to act as your companion.
2.2 Grievance Procedure
Attendance at that meeting;
You must make all reasonable efforts to enable you to attend grievance meetings.
If it is not practicable to hold a meeting with you within a reasonable period the Company may proceed to hold the meeting and make a decision in your absence.
Any rescheduled date must also be convenient to the Company representatives.
2.3 Refusing to hear a grievance:
The Company will treat all grievances with fairness and reasonableness, however we reserve the right to refuse to accept a grievance. Such a refusal may only be made after evaluation of the nature of the grievance. You are therefore urged to set out the full nature of your grievance in writing. Examples where such a refusal may occur are:
(a) Where the grievance is raised during a performance or disciplinary process and it is believed that it is being raised because the performance or disciplinary process has been instigated and not because of any genuine and substantive concerns.
(b) The Company encourages you to resolve grievances promptly and may refuse to consider a grievance which relates to an incident or matters which are over three months old.
Any decision to refuse to hear a grievance will be authorised by any HR HOD or HR Director.
Where you have been invited to a grievance hearing after your employment has ended and you have taken all reasonable steps to attend but it is not reasonably practicable for you to attend the Company will provide you with a response in writing.
2.4 Stage One
If you have been unable to resolve your grievance on an informal basis, then you should in the first instance raise the matter formally with your line manager. This should be done in writing, fully explaining the nature and grounds for your grievance. If your grievance concerns your Manager you should put your grievance in writing to your next level of management.
Your line manager or the person to whom the grievance is addressed, should arrange a meeting as soon as practical. You will be entitled to be accompanied at this meeting, if appropriate as set out above. A response to the grievance will be communicated to you in writing within 5 working days of the discussion. If it is not possible to respond to your grievance during this time you will be advised of this and told when a response will be provided.
2.5 Stage Two
If the grievance cannot be resolved at Stage One then you should refer your grievance, in writing, to the next level of management who will arrange for a further hearing. You will be requested to explain your grounds for appealing and it will be helpful therefore for you to set those out in writing.
The request for an appeal must be made within five working days.
At Stage Two, the Manager to whom the grievance is addressed should refer the issue to the appropriate HR contact so they can arrange to be present at the formal grievance meeting. If appropriate, you will have the right to be accompanied at any meeting called as set out previously.
Both sides should review the matter completely and this should include an indication of why you feel unable to accept the earlier decision. If an immediate response cannot be made a reply should be given in writing within 5 working days. If it is not possible to reply within this period you will be told of the reason for the delay and advised as to when you might expect to receive a response.
Any rescheduled date must also be convenient to the Company representatives.
You will be advised of the right to appeal to stage 3. However, if you are no longer employed by the Company there will be no right of appeal to stage 3.
2.6 Stage Three
Failing agreement at the second stage, a third and final attempt to resolve the matter will be made by writing to your next appropriate level of Management (Head of Department/Functional Director/Managing Director), with a copy to the HR Department within five working days from receiving the written decision from stage 2.
A meeting will be arranged as soon as practical with yourself and the manager hearing your grievance. There will also be a representative from Human Resources and, if appropriate your representative/colleague as set out above.
In order to clarify the issue, both sides should prepare and exchange brief notes of the reason for the grievance on your part and the reason for the decision on the Company’s part in advance of the meeting.
These notes should form the basis of the discussion; at the meeting and therefore, any discrepancies on the facts should be resolved at the outset. Discussion should then focus on the earlier decision and whether there is an argument put forward which calls for a review of that decision.
A decision will be given as soon as possible in writing ideally within 5 working days, subject to circumstances. If it is not possible to respond during this period, you will be advised of this and informed as to when a response will be prepared.
If you report directly to a Head of Department, Functional Director and/or Managing Director or if they have already been formally involved at an earlier stage, then an appropriate alternate will hear the case.
At this stage the Company reserves the right not to hear your appeal unless new and material evidence or grounds for appealing are given by you.
At this stage the decision will be final and binding.
Any complaint raised against the grievance procedure will be dealt with under the appeal procedure and treated as a combined grievance and appeal hearing.
Any complaint must be made within five working days of receiving any grievance outcome.
3.0 REFERENCES
Dignity at Work Policy
Company Handbook
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Confidential helpline 0800 0856457
Issue Date: September 2005