Grievance policy and procedure (Template)

Employers need to have good policies and procedures in place to guide managers in the way in which they deal with problems in the workplace and to ensure that all employees are treated equally. Policies and procedures will need to be based around the legal framework. Uk legislation gives protection to employees, so an organisation must act fairly and in accordance with good management practice.

A good policy gives managers guidance when a problem arises and ensures employees and managers operate fairly. For an employee, it shows what route to take if they have a problem or grievance. There is a statutory minimum procedure which must be adhered to.

This model document is provided for guidance only and should not be regarded as an authoritative statement of the law.

Employers should also make reference to the acas guidance on Disciplinary and grievance procedures

Overview

Introduction

Two people shaking hands during a meeting

[NAME OF ORGANISATION] is committed to the provision of high quality services and expects high standards of everyone in the organisation. The organisation is committed to creating an inclusive environment based on team work and respect. 

The aim of this Grievance Procedure is to enable the organisation to settle grievances or complaints fairly and quickly. Every effort will be made to resolve issues at the earliest possible stage, and at each stage efforts will be made to avoid proceeding to the next stage and to settle the issue amicably.

Scope

The types of grievances raised in workplaces typically stem from interpersonal issues such as discrimination, bullying and harassment, as well as discontent regarding pay and benefits, workload and working conditions. This procedure applies to all [NAME OF ORGANISATION] employees and applies to the settling of grievances relating to their employment. It does not apply to matters of discipline or poor performance which are dealt with under the Disciplinary policy.

Principles

This policy applies to all paid staff and it aims to ensure consistent and fair treatment when dealing with grievance issues. [NAME OF ORGANISATION] expects and encourages employees to solve differences in a mutually acceptable way as quickly as possible and at the lowest possible level.

Grievances

Nothing in this procedure is intended to prevent any employee from informally raising any matter they may wish to mention. Informal discussion can frequently solve problems. It is generally expected that most problems will be resolved at this informal level. So that everyone has the greatest opportunity to resolve differences at this informal stage, there must be evidence of a mutually acceptable solution within one month of the issue being raised.

If an employee has a problem with any other member of staff or volunteer and is unable to sort it out informally, the matter should be referred to their manager and raised as a formal grievance in writing.

In the case of a grievance being taken out as a counter-grievance, or in response to the start of disciplinary action, it may be appropriate to deal with both issues at the same time. If appropriate, the disciplinary procedure may be temporarily suspended to deal with the grievance.

The procedure

Raising a grievance

  • The employee should raise the grievance with their line manager, in writing. This  should be done without unreasonable delay, normally within one month of the incident (or final incident) which gives rise to the complaint
  • If the grievance is against the line manager, the matter should be raised with their line manager. In the case of the grievance being against the Chief Officer, the matter should be raised with the Chair of Trustees
  • The employee must give details in writing of the specific circumstances which constitute the grievance, with dates, times and any witnesses, as applicable
  • As soon as possible after receiving a grievance, the manager should carry out an investigation. In many cases, this will be a relatively straightforward fact-finding exercise. The investigation process will depend on the specific circumstances of the case. The aim of the investigation is to establish the full facts of the grievance before any decision is taken
  • If the grievance involves other members of staff, they should be informed and given an opportunity to provide their own evidence
  • Where the investigation finds other staff have breached the employee code of conduct, these should be addressed and fully investigated under the disciplinary policy and procedure

Invitation to a grievance meeting

  • After the investigation, the employer should hold a meeting with the employee so that he or she has an opportunity to explain the complaint
  • The meeting should take place, without unavoidable delay and should ideally be arranged within seven working days of receiving the written grievance 
  • The employee has a statutory right to be accompanied at any grievance or appeal meeting. The line manager will inform the employee that they are entitled to be accompanied by a trade union representative or work colleague at the meeting. This companion can speak at the meeting on behalf of the employee, but they cannot answer questions put directly to the employee

Grievance meeting

  • The line manager will introduce the meeting, read out the grounds of the employee’s grievance, ask the employee if they are correct and require the employee to provide clarification regarding details of the grievance if unclear 
  • The line manager will give the employee the opportunity to put forward her/his case and say how they would like to see it resolved 
  • The employee may call witnesses and refer to any documents previously provided to the line manager
  • The line manager can ask questions of the employee and any of their witnesses
  • The employee or companion will be given the opportunity to sum up but may not introduce new material
  • The grievance meeting may be adjourned by the line manager if it is considered necessary to undertake further investigation. Any further investigations will be carried out to establish the facts of the case 
  • The meeting will be reconvened as soon as possible. The person who deals with the grievance, will normally be excluded from hearing any appeal

Grievance decision

  • Having considered the grievance, the line manager must decide whether to uphold or reject the grievance. They will give their decision in writing to the employee as quickly as possible, and normally within five working days of the meeting 
  • Where appropriate, the decision will set out what action the organisation intends to take to resolve the grievance or if the grievance is not upheld, will explain the reasons for the decision 
  • The letter should also provide the employee with a right of appeal and let them know the procedure if they want to appeal

Appeal

  • The employee wishing to appeal against a grievance decision, must do so in writing within five working days of receiving written notification of the grievance decision. They must set out the reasons for the appeal and attach any documents submitted in support of the appeal
  • An appeal should be dealt with by an impartial manager and, where possible, a more senior manager than the person who dealt with the grievance. This might mean that the appeal is heard by a trustee, depending on where in the organisation the grievance started
  • The appeal meeting should be held without unavoidable delay
  • The employee is entitled to be accompanied by a trade union representative or work colleague at the appeal 
  • Most appeal meetings will be in the form of a review but can take the form of a rehearing if the initial stage was procedurally flawed
  • The meeting may be adjourned by the person hearing the appeal, if it is considered necessary to undertake further investigation. The meeting will be reconvened as soon as possible
  • After the appeal, the employee should be informed in writing of the outcome
  • The decision of the person hearing the appeal shall be final

Whilst it is intended that the timescales set in the procedures will be adhered to, when this is not possible an extension may be mutually agreed.

To maintain good working relations where employees and their managers are working to resolve their differences, it will generally be expected that both parties work normally.

Further Information

Disclaimer

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Third Sector Support Wales is a network of support organisations for the whole of the third sector in Wales.

It consists of the 19 local and regional support bodies across Wales, the County Voluntary Councils (CVCs) and the national support body, Wales Council for Voluntary Action (WCVA).
For further information contact
https://thirdsectorsupport.wales/contact/

The information provided in this sheet is intended for guidance only. It is not a substitute for professional advice and we cannot accept any responsibility for loss occasioned as a result of any person acting or refraining from acting upon it.