Grievance Policy
Grievance Policy
Grievance Policy
Please be aware that this printed version of the Policy may NOT be the latest version.
Staff are reminded that they should always refer to the Intranet for the latest version.
Version 3
Name of Approving Policy Steering Group
Committees/Groups Assurance Committee
Operational Date June 2016
Amend
Issued Page Subject Action Date
Number
2 Nov 2014
3 April 2016
The purpose of this policy is to explain how an employee can raise a grievance, and provides them
with the necessary forms in which to do so (Appendix 1)
Appendix 2 provides a suggested meeting format and Appendix3,4,and 5 gives managers draft
letters that they should use throughout this process.
Contents
1.1 Solent NHS Trust is committed to providing a safe and healthy working environment,
and to promoting the well-being of its employees. However, it is recognised that from
time to time employees may wish to raise a concern they may have in connection to their
employment.
1.2 The aim of this policy is to enable staff to air any concerns that they have about practices
or treatment from other individuals at work, and, where a genuine problem exists, to
ensure that these concerns be resolved as quickly and as fairly as possible.
1.3 The Trust is committed to year-on-year improvements in the quality of working life for
staff. Learning taken from outcomes resulting from this Policy will be used to assist the
Trust in meeting this commitment.
1.4 This policy sets out detailed guidance on the Grievance procedure within Solent NHS Trust.
2.1 Scope
2.1.1 This policy applies to all directly employed staff working within the Trust, but shall not
override the specific provisions within Medical and Dental staff terms and conditions of
service.
2.2 Definitions
2.2.1 Grievances are concerns, problems or complaints that an employee may raise with
their employer during the course of their employment. They may refer to:
3. Excluded issues
Staff conduct, in these instances, managers should refer to the Disciplinary Policy.
Staff sickness absence. In these instances, managers should refer to the Trust
Managing Attendance & Wellbeing Policy.
Bandings– staff should use the Agenda for Change appeal procedure or in the case
of medical and dental staff the procedures contained within their terms and
conditions of employment
3.2 This policy will not apply if the concern is regarding a salary matter which is not locally
negotiable, and/ or those which imply changing national or local conditions of employment
or a statutory requirement.
3.3 If the issue in question has already been addressed through this policy it will be excluded
unless the outcomes agreed by Management have not been actioned.
4. Process
4.1.1 It is anticipated that in most circumstances employees will be able to discuss and resolve
daily working concerns informally in a supportive atmosphere, through discussion between
the employee and their immediate line manager. In some circumstances the involvement
of an appropriate third party may be appropriate to ensure expediency in resolving
differences of opinion.
4.1.2 There may be occasions, both in the case of informal and during the formal grievance
process, where a manager other than the employee’s direct line manager should deal
with their grievance.
4.1.3 It is anticipated that any informal action should be documented and will be taken in a
reasonable timescale that is practicable in the circumstances.
4.1.4 Submission of a grievance in writing does not automatically mean implementation of the
formal process. Both employees and managers should fully consider the possibility of
informal resolution before moving to the formal process.
4.2.1 On occasions it may be suggested that there is a conflict of interest in the involvement of a
manager, HR Business Partner, companion or representative in the grievance process. In
these circumstances the HR department, in consultation with the Manager, will give
consideration to bringing in another manager or advisor.
4.3.1 If the grievance has not been resolved at the informal stage or should the matter be
deemed appropriate to be addressed at formal stage 1 an individual must put their
grievance in writing to their line manager or other manager as appropriate. This may
either be in the form of a formal letter or e-mail, or through completion of the Grievance
Form in Appendix 1.
4.3.2 The manager will then provide timely acknowledgement of the grievance, and invite the
employee to a meeting (Appendix 2.)
4.3.3 In setting a date for the meeting, managers should take reasonable consideration of the
need for the employee to arrange for someone to accompany them. The employee
should confirm their availability and that of their companion as soon as possible. Section
11.4 refers to the right to be accompanied.
4.3.4 Should the initial date suggested by the manager not be possible, then a new date should
be arranged without unreasonable delay.
4.3.5 At the meeting the employee will be able to explain their grievance, and provide any
further relevant evidence to support their grievance. It is their responsibility to fully
explain their grievance as well as provide realistic options they have considered by way of
reaching a resolution. Suggested meeting format attached (Appendix 4).
4.3.6 At the meeting the manager should establish whether specialist advice needs to be sought,
whether it is necessary to interview anybody else or any further investigation is necessary
to obtain further facts before reaching a decision. This will need to be done with the
individual’s consent and consideration should be given as to whether the individual should
be protected under the Whistle-blowing Policy.
4.3.7 In the case of an investigation the Investigation Policy must be referred to for further
guidance.
4.3.9 Upon conclusion of the investigation and/or grievance, the manager will determine
whether it is appropriate to meet with the employee in the first instance to provide detail
of their findings and conclusion or whether a letter providing detail of their findings and
conclusion is sufficient in the circumstances. Should a meeting be held to inform of the
outcome, this should still be confirmed in writing.
4.3.10 The written outcome must contain details of the outcome itself, the rationale behind it, as
well as any key points that were agreed.
4.3.11 The individual must also be notified of their right to appeal against the decision made
from the formal stage 1 process. (Appendix 5).
4.4.1 Should an employee feel that their grievance has not been resolved at stage one, they can
pursue their grievance and appeal at stage two. A letter confirming their wish to do so
must be submitted within 2 weeks of the date of the letter sent to the employee
confirming the manager’s written outcome at stage one.
4.4.2 It is not sufficient to appeal against a decision purely on the grounds that an employee
disagrees with it. A letter outlining an appeal must state an employee’s full grounds for
doing so and must cover one or both of the following:
New evidence that was not previously available, enclosed with the appeal letter
Failure to follow correct procedure, with clarification of how the employee feels
this applies.
4.4.3 Stage Two should be conducted by a manager not previously involved with the grievance,
ideally senior to the manager who conducted Stage One. Consideration should be given,
dependant on the circumstances, as to whether it may be appropriate for the manager
who heard the grievance/undertook the investigation and/or the Specialist Advisor to
attend part of the meeting.
4.4.4 The employee will be given at least 1 week’s written notice of the stage two meeting, and
of their right to be accompanied as with Stage One. Template letter attached (Appendix 3).
4.4.5 At the Stage Two meeting, the employee will state their reason for wishing to
progress to this stage.
4.4.6 The employee will have the opportunity to provide any further information before the
meeting is adjourned and a decision reached.
4.4.7 There will be no further investigation into the original allegations unless new evidence is
submitted which would necessitate this.
4.4.9 The written outcome will provide the rationale for the decision, which will be one of the
following:
4.4.10 There may also be further recommended actions. A sample template letter at formal stage
2 can be found at appendix 5.
5. Time Limits
5.1 The time limits for an employee to progress to a further stage in this policy are
detailed below:
Employee
Timescale for timescale to Suggested
Manager’s submit appeal Timescale to
Stage Appeal to be
written after Manager’s hear appeal
made to
response response
Informal - - - -
5.2 Although the time limits specified are generally to be adhered to, they can be varied by
mutual consent in circumstances where adherence would cause undue haste.
6.1 If there are likely to be understanding or language difficulties during the meeting, it may be
necessary for an interpreter or friend to be made available. The employee will be
responsible for making arrangements for this, or where appropriate, Access to
Communications will be contacted with the support of the relevant HR Business Partner.
7.1 If a former employee of the Trust makes a grievance about an issue related to their
employment in the Trust it will be treated as a complaint and they should write to the
Trust, as soon as possible, after leaving but within three months of the last incident. The
complaint will be managed under the Trust’s Complaints Policy.
8. Collective Grievances
8.1 If the same grievance is raised by more than one employee, it may be appropriate for the
problem to be resolved through a collective agreement between staff-side representatives
and the employer.
9.1 An employee may raise a grievance that, through investigation, proves to be vexatious or
malicious. In these circumstances the employee raising the grievance may find themselves
subject to disciplinary action.
10.1 In exceptional circumstances, where an employee raises a grievance at any stage of the
disciplinary procedure, a decision will be made as to whether the proceedings should be
suspended until such time as the grievance is resolved.
10.2 A decision will be made based on the seriousness of the allegations and whether or not they
make it inappropriate for the disciplinary procedure to continue until the grievance
outcome is known
Bringing concerns and grievances to the immediate attention of their line manager
or another appropriate person
Working with their manager to try and resolve grievances informally where possible
Treating those involved in this process with respect and fairness. Attending meetings
Notifying the manager conducting the interview who their companion will be prior to
the meeting
Maintaining confidentiality during the application of this Policy and its outcomes.
Ensuring those involved in this process are treated fairly and equitably
Ensuring the Policy is adhered to and timescales are met in conjunction with Human
Resources
Treating any concern seriously and to seek to explore rather than pre- judge
Carrying out a fair, timely and thorough investigation in line with the
Investigation Policy where appropriate
Providing a fair and reasonable outcome for staff in line with this Policy
Maintaining confidentiality during the application of this Policy and its outcomes
Appropriate documentation.
Providing accurate advice and support to managers in the application of this Policy,
including relevant training and coaching
Ensuring the Policy is adhered to and timescales are met in conjunction with the
manager
Identifying any trends and bringing them to the attention of a senior manager.
11.6 Staff Side Representatives may be from another Trust or a lay official or full time officer as
long as they are certified by their union as being competent to accompany an employee.
Any other companion (a workplace friend or colleague) should always be a member of the
Trust. Reasonable time off should be afforded to the workplace friend or colleague, in
discussion with their Line Manager.
11.7 The companion may address the meeting and confer with the employee, during the
meeting, put forward the employee’s case, summarise the employee’s case and/or
respond on the employee’s behalf to any view expressed at the hearing.
11.9 Any companion must maintain confidentiality during and after the application of this
policy.
11.10 If the reason given for failing to attend a meeting is due to the non-availability of a trade
union representative or workplace friend/colleague and there have been no earlier
adjournments in the process for this reason, on only one occasion the meeting will be
postponed and a new meeting will be arranged within reasonable time; normally 5 working
days . Exceptional circumstances will always be considered.
12. Training
12.1 The requirements of this policy will be brought to the attention of all those responsible for
managing staff. Training is provided by the Human Resources Department in relation to
effective management in line with Trust Policies on a regular basis throughout the year and
can be accessed via the Learning and Development Department.
13.1 An impact Needs/Requirements Assessment has been completed for this policy and no
significant equality or diversity issues were identified (Appendix 6).
13.2 Where English is not the first language or there are difficulties in reading this policy,
employees should contact their line/other appropriate manager or senior officer of the
Trust, an HR Representative or a staff representative for advice and guidance.
13.3 The policy is based on the following principles: All staff are treated equally and fairly
Appropriate time off will be granted to the individual for all hearings
undertaken.
14.1 All formal action taken in accordance with this policy will be recorded and the number and
nature of cases will be monitored. The effectiveness of this policy will be monitored by the
HR Business Partners, Senior Managers and Trust Board.
15.1 This document may be reviewed at any time at the request of either staff side or
management, but will automatically be reviewed every 3 years.
16.1 References:
Disciplinary Policy
Equality and Human Rights Strategy
Managing Attendance and Wellbeing Policy
Dignity at Work (Bullying and Harassment) Policy
Freedom to Speak Out Policy
Special Leave Policy
Organisational Change and Consultation Policy
Complaints Policy
Investigation Policy
Sickness Absence Policy
Suspension, Transfer and Exclusion Policy
GRIEVANCE FORM
What is the grievance about? (please give full details of the grievance)
(Note: Solent NHS Trust reserves the right for managers to amend this letter as
appropriate to fit individual circumstances)
[Date]
Private and Confidential
[Name]
[Address]
Dear [Name]
I am writing to invite you to attend a meeting in accordance with the Trust’s Grievance Policy, a
copy of which I enclose for your information. Your meeting will take place on [time and date]
at [location]. I shall be conducting the meeting accompanied by [Insert Name] HR Business
Partner, to advise on any procedural matters.
At this meeting I will spend time listening to the points you have raised in your grievance
including:
The nature of your grievance
Whether you think there are any witnesses to support your grievance
What your desired outcome would be
Following this grievance meeting, I will then make one of the following decisions:
To uphold your grievance and identify some recommended action points
To dismiss your grievance based on the information available
To adjourn the meeting should further investigation be necessary. I will then advise
you how long I anticipate the investigation will take and when you can expect a full
decision
If you wish provide further evidence in your support, please provide details of these to me
no less than 2 days before the hearing is due to be held.
You have the right to be accompanied at this meeting by a Staff Side or Trade Union representative or
by a workplace friend or colleague. If you wish to be accompanied, you will need to make
arrangements for this. Please refer to the Grievance Policy for further detail in relation to staff
representatives and companions.
I would also like to advise you of our Employee Assistance Programme, should you require further
support during this process. This is Workplace Options, which can be accessed as follows:
Yours sincerely
[Name]
[Title]
cc: [Insert Name], HR Business Partner
Enc. Grievance Policy
(Note: Solent NHS Trust reserves the right for managers to amend this letter as appropriate to
fit individual circumstances)
[Date]
Dear [Name]
I am writing to invite you to attend a meeting in accordance with the Trust’s Grievance Policy and
further to your [insert date of previous stage] meeting. Your meeting will take place on the [time
and date] at [location]. I shall be conducting the meeting accompanied by [Insert Name] HR
Business Partner, to advise on any procedural matters.
At this meeting I will spend time listening to the points you have raised in your grievance
including:
Following this grievance meeting, I will then make one of the following decisions:
If you wish to bring a witness to this hearing or provide further evidence in your support,
please provide details of these to me no less than 2 days before the hearing is due to be held.
You have the right to be accompanied at this meeting by a Staff Side or Trade Union
representative or by a workplace friend or colleague. If you wish to be accompanied, you will
need to make arrangements for this. Please refer to the Grievance Policy for further detail in
relation to staff representatives and companions.
I would also like to advise you of our Employee Assistance Programme, should you require
further support during this process. This is Workplace Options, which can be accessed as
follows:
Yours Sincerely
[Name]
[Title]
The manager introduces the people in attendance and their roles at the
meeting.
The employee details the allegations made which are then discussed further
The employee has the opportunity to provide relevant information to support their
statement
The employee is asked how they would like the grievance resolved /what
outcome they expect to receive
Once all the evidence is gathered, the meeting is adjourned to consider next steps
The meeting is then reconvened to communicate the next steps/outcome verbally with
confirmation in writing within stated timescales or otherwise agreed
(Note: Solent NHS Trust reserves the right for managers to amend this letter as appropriate to fit
individual circumstances)
[Date]
[Name]
[Address]
Dear [name]
I am writing to confirm the outcome of your grievance meeting held on [date], following your
grievance letter dated [date]. You were present at the meeting and [had/had not] chosen to bring a
representative with you. [Insert Name] from the Human Resources Department was also present to
advise on any procedural matters. At this meeting you raised a grievance with regard to [insert
summary details of the grievance raised].
(1)
I have now had an opportunity to investigate the points you raised and from the evidence received,
I conclude that there is no basis to your grievance. In reaching my decision, I considered the points
in your grievance letter; the evidence presented in our meeting and gathered statements from
members of staff, where appropriate. I would like to summarise my findings as follows: [Provide a
summary of the reason for the decision based on the points of the grievance].
OR (2)
I have now had an opportunity to investigate the points you raised and from the evidence received,
I conclude that there is some basis to your grievance. In reaching my decision, I considered the
points in your grievance letter; the evidence presented in our meeting and gathered statements
from members of staff, where appropriate. I would like to summarise my findings and
recommended actions as follows:
[Provide a summary of the reason for the decision based on the points of the
grievance and detail your recommended actions].
You have the right to appeal against this decision through [the formal stage 1 or
2] of the Grievance policy. Should you wish to do so, please do so in writing, preferably by
completing a grievance report form and return this to me within 1 week of this receiving this letter.
Your appeal should be one or more of the following:
OR
If you have any queries regarding the content of this letter, then please do not hesitate to
contact me. Should you require further support, you may also wish to contact the Employee
Assistance Programme - This is Workplace Options, which can be accessed as follows:
Yours sincerely
[Name]
[Title]
cc: [Insert name], HR Business Partner