Grievance procedure for MPA support staff

Report: 6
Date: 21 September 2000
By: Clerk

Summary

The need for a grievance procedure for MPA support staff has been highlighted recently by the differing terms and conditions under which staff are currently employed. A decision was taken to write a procedure for early agreement by this Committee.

A. Supporting information

1. A grievance procedure based on ACAS guidance has been circulated to Members for comment. No comments were received.

2. Because of the different terms and conditions under which staff are currently employed it did not prove possible to consult with any representative trade union or staff association. The policy will, however, be reviewed by April 2001 as part of the wider review of staffing and terms and conditions. By that time the representative body or bodies for staff will have been agreed.

3. The grievance procedure is attached at Appendix 1.

B. Recommendation

1. That this Committee endorse the grievance procedure attached at Appendix 1.

C. Financial implications

None.

D. Review arrangements

The terms and conditions for MPA support staff will be reviewed by April 2001.

E. Background papers

The following is a statutory list of background papers (under the Local Government Act 1972 S.100 D) which disclose facts or matters on which the report is based and which have been relied on to a material extent in preparing this report. They are available on request to either the contact officer listed above or to the Clerk to the Police Authority at the address indicated on the agenda.

• ACAS code of practice on disciplinary and grievance procedures.

F. Contact details

The author of this report is Alan Johnson.

For information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1: MPA grievance procedure

Introduction

The efficient and fair handling of staff grievances at work can contribute significantly to the creation and maintenance of good industrial relations. Sensitive handling by management can in some cases avoid minor problems turning into major disputes.

A grievance may be invoked by individual members of staff who feel aggrieved about the way they have been treated either by management or by their colleagues. The grievance procedure is intended to resolve issues as quickly as possibly and not to establish guilt or provide punishment.

Employees are entitled at any time to take up a grievance themselves or to ask a trade union official or work colleague to represent them. They also have the right to be accompanied at any meeting they attend as part of the procedure.

The procedure

Stage 1
1. Employees should raise the grievance informally with their line manager or, if this is not appropriate, another manager. The details of the grievance may be made known either orally or in writing (although it can help to clarify the issue if the grievance is written down). The aggrieved must indicate the resolution being sought. A grievance cannot be invoked as a means of making a counter-allegation against a discipline charge or if there is another appeals procedure (e.g. if the grievance concerns a personnel or other process for which an appeals procedure already exists).

2. Should the grievance relate to the conduct of a colleague, then that colleague will be notified of the terms of the grievance and have an opportunity of being heard.

3. The appropriate manager will interview the aggrieved and any other parties to the grievance. The aggrieved and any other party may be accompanied by a trade union representative or work colleague. The manager will consider the grievance and try to resolve it. He or she must decide whether or not to uphold it, giving his or her response within a period of seven working days.

Stage 2
4. If the matter is not resolved at Stage 1 or the employee is not satisfied with the response and wishes to take the matter further, he or she must put the grievance in writing to the Clerk or Treasurer (as appropriate). This should set out the resolution which is being sought.

5. The grievance will be considered by the Clerk or Treasurer who will acknowledge receipt within three working days and will deal with it within twenty-one working days of receipt of the grievance.

6. The Clerk or Treasurer, or someone designated to deal with the grievance on his or her behalf, will investigate the grievance The decision of the Clerk or Treasurer will be confirmed in writing.

Stage 3
7. Where the employee remains aggrieved and the grievance cannot be resolved, he or she will request the Head of the HR team to refer the grievance to a Members panel. This request will be acknowledged within three working days. Every effort will be made to convene the Members panel as speedily as possible. The Members panel will consist of three people, assisted by the Head of the HR team. The aggrieved and any other party to the grievance may be accompanied by their trade union representative or a work colleague.

8. The Members panel may interview the aggrieved and any other parties to the grievance. The decision of the Members panel is final.

Time scales
9. If at any of the stages the grievance is not dealt with within the agreed timescales, the individual managing that stage of the grievance procedure must inform the aggrieved in writing of the progress of the grievance and the reason for the delay. The time limits may be altered by mutual agreement.

Grievance Panel hearing

10. The Members panel for hearing grievances should normally be a panel of HR committee members. However, any Member who may directly or indirectly be involved in a particular grievance action should not be part of the panel hearing that grievance.

11. The aggrieved and the alleged perpetrator will be expected to exchange any documents relating to the grievance no later than ten working days in advance of the hearing.

12. The aggrieved and the alleged perpetrator may be represented at the hearing by a trade union representative official or work colleague. If the representative of the aggrieved or the alleged perpetrator is presenting the case to the panel, the aggrieved or alleged perpetrator will only address the panel if he or is asked by the panel to do so.

13. The panel will be advised by a member of the HR team, who will also outline the grievance and the action taken to resolve the grievance.

The procedure

14. The chair of the Members panel will introduce those present and outline the procedure for the hearing.

15. The Head of the HR Team will outline the grievance.

16. The aggrieved will explain why he or she feels aggrieved and call any witnesses. Members may ask questions.

17. The alleged perpetrator will answer the grievance, outlining the action or issue which led to the grievance and call any witnesses. Members may ask questions. The panel will retire to reach a conclusion. This will normally be on the basis of one of the following:

1. No basis for grievance.
2. Grievance partially justified.
3. Grievance upheld

18. If the panel’s conclusion is (a), the grievance is treated as resolved. If the panel’s conclusion is (b) or (c), it will make a specific recommendation to the Clerk or Treasurer.

Grievance procedure - summary

1st Stage
Employee raises a grievance informally with line manager or other manager. The appropriate manager responds to the grievance either orally or in writing Within seven working days

2nd stage
If the employee is dissatisfied with the response, he or she may put the grievance in writing to the Clerk or Treasurer as appropriate. The Clerk or Treasurer will acknowledge receipt of the grievance. The Clerk or Treasurer, or his or her designated representative, will investigate the grievance. A written response will be provided to the employee. Within three working days Within twenty one working days of receipt of grievance.

3rd stage
If the employee remains aggrieved, the employee will ask the Head of HR team to forward the grievance to a Members panel. HR team to acknowledge receipt of grievance. Employee or his or her representative to present grievance to Members panel, who will confirm their decision in writing. Within three working days (if possible).

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