Grievance Procedure

Bristol Wireless Grievance Procedure

1. Definition

A grievance is another word for a complaint, which arises out of the course of employment. An employee may have a feeling of injustice or resentment or may feel they have been unfairly or unreasonably treated. It is impossible to provide a comprehensive list of all the issues that might give rise to a grievance but some of the more common include: terms and conditions of employment; health and safety; relationships at work; new working practices; organisational change and equal opportunities.

A grievance may be raised to do with any aspect of employment except where the matter constitutes an appeal against a disciplinary decision, which should be taken up in accordance with the separate appeals procedure. If the allegations are of a personal or sexual nature then the Management Committee should be contacted for further advice. The Management Committee must be informed if the case involves disclosing sensitive information.

The procedure is for use by Bristol Wireless employees. The aim is to maintain good employee relations whilst encouraging free communication between employees, their managers and their colleagues and obtaining a speedy resolution of issues arising.

2. Introduction

2.1 All staff have the right to seek redress for a grievance and Bristol Wireless is required to indicate clearly the person to whom the employee should apply in case of grievance.

2.2 This Procedure is intended to ensure that every employee who has a grievance can obtain a speedy response to the issue, an explanation as to why the circumstances giving rise to the grievance exist, and a resolution of the matter at the earliest possible stage with a right to appeal to a higher level if necessary.

The Procedure is concerned with all matters related to employment and applies only to staff in the employment of Bristol Wireless.

3. The Role of the Management Committee

Where possible a representative of the MC will facilitate hearings. In all cases details of the grievance and the outcome will be forwarded to the full MC.

4. Victimisation

During or after the grievance proceedings, no party to the grievance should face any form of victimisation or retaliation. This would be unacceptable behaviour and would constitute a disciplinary offence.

A record of the grievance and the outcome will be kept on file.

5. Representation and Advice

5.1 An employee has the right to be accompanied by a representative of his/her choice at any meetings/hearings and should be encouraged to do so. This right applies at all stages of the Procedure.

5.2 Should a representative take up the grievance on behalf of the employee, the employee must, nevertheless, attend all hearings of the grievance, so that those conducting the hearing may discuss the details of the case directly.

6. Procedure for Settling Differences

6.1 Informal Stage

Normally problems, which arise on a day-to-day basis, can be resolved without recourse to the Grievance Procedure. Most routine complaints are best resolved informally through discussion with the employee's immediate line manager. It is important that the person who is subject to a grievance should be aware that a problem has arisen and should have the opportunity of discussing this informally, prior to the formal grievance procedure being invoked. It would be helpful for the manager and employee to keep a note of the informal grievance.

If it is not possible to resolve the matter informally, then the following stages in the formal Procedure shall apply.

6.2 Stage 1

The employee should raise the matter, in writing, with their manager or supervisor. If the grievance concerns their immediate manager or supervisor, then the matter should be raised with the next higher level manager.

The manager will then arrange a meeting, normally within 7 days, in order to hear the circumstances surrounding the grievance.

An employee who does not wish to make this approach alone has the right to be accompanied by a representative.

The decision of the manager hearing the grievance will be confirmed in writing, normally within 7 days. If it is not possible to respond within 7 days the employee will be given an explanation for the delay and told when a response can be expected. The employee will also be informed that they have 2 weeks in which to take the matter to the next stage in the procedure if they are not satisfied with the outcome.

If the matter is not resolved then all documents relating to the grievance will be sent to the manager hearing the details at Stage 2.

6.2 Stage 2

At this stage the substance of the grievance should be clearly defined and recorded.

The issue should be referred to the next level of management, which would normally be the head of the department. The original statement and details of the hearing at Stage 1 should be submitted to the manager hearing the details at Stage 2.

A hearing will be arranged as quickly as possible, normally within seven days of the referral. The manager is obliged to inform the employee his/her statutory right to be accompanied by a representative.

The outcome of the hearing will be confirmed in writing, normally within 7 days. If it is not possible to respond within 7 days the employee will be given an explanation for the delay and told when a response can be expected. The employee will also be informed that they have 2 weeks in which to take the matter to the next stage in the Procedure.

If the matter is not resolved then all documents relating to the grievance will be sent to the Head of Personnel for referral to the manager hearing the details at Stage 3.

6.3 Stage 3

If a solution cannot be reached at Stage 2, details of the grievance and records of the hearings will be sent to the Chair of MC who will discuss the case with the Manager of the project concerned. The Chair will decide which members of MC, who should not have been involved in the case at an earlier stage of the procedure, will hear the grievance.

The MC will arrange for the hearing to take place as quickly as possible, normally within 14 days of receipt of the grievance. The employee must be informed of his/her statutory right to be accompanied by a representative.

The conclusion or decision of the person conducting the hearing will be conveyed to the employee in writing, normally within 7 days of the hearing. If it is not possible to respond within 7 days the employee will be given an explanation for the delay and told when a response can be expected. The decision of the manager hearing the grievance at this stage will be final.

7. Procedure for Settling Collective Grievances

Where a grievance is held by a number of employees, they should agree which members of staff should represent them at the hearing/s. A maximum of three employees may be present with, if required, one representative of their choice. The procedure outlined in Section 6 should then be followed.

8 Additional Notes to the Procedure

8.1 Arrangements for hearings will be made in conjunction with the employee/s raising the grievance and the hearing will normally take place within the time limit specified in the procedure.

8.2 Employees should be given reasonable notice of the arrangements for the hearing.

8.3 If the employee/s raising the grievance fails to attend the meeting without good reason, the manager conducting the hearing will consider the details available at the time and may reach a decision in their absence.

8.4 There is no set procedure for the conduct of hearings. The manager convening the hearing must ensure the employee is given a proper opportunity to have the grievance heard.

8.5 The manager hearing the grievance is responsible for ensuring notes are taken, remain confidential, and are passed either to the manager hearing the next stage or filed.

8.6 At all stages of the Procedure employees must inform their manager or supervisor of the action they are taking. They must obtain permission for absenting themselves from their place of work, whether to consult representatives or attend meetings. Such permission will not be unreasonably withheld provided adequate notice has been given by the employee, and service provision is maintained.