Resource Centre Grievance Procedure

1. Introduction

1. This procedure is designed to clarify the rights and responsibilities of the Resource Centre, staff and trade unions should an employee feel the need for a formal process to resolve a grievance.  It has two levels of grievance action with a prescribed time scale.
2. The purpose of the grievance process is to ensure that problems both between the Resource Centre and any employee and also between fellow employees are dealt with swiftly and fairly.
3. As a collective workplace, the Resource Centre is committed to maintaining a climate in which all staff members can raise issues and problems with the expectation that these will be taken seriously and resolved in an atmosphere of mutual trust.  It is expected therefore that most staff problems will be resolved within the Workers’ Group without recourse to this procedure.
4. A meeting of the whole Workers’ Group may not always be the most appropriate means of resolving staff problems.  The Group will therefore be flexible in its approach and consider means such as one-to-one discussion or outside mediation.  Any approach must have the agreement of the whole Group, including the employee who raised the particular problem under consideration.
5. If the Workers’ Group is unable to satisfactorily resolve a problem or if an employee is dissatisfied with its attempts to resolve the matter, the employee has the right to invoke the Grievance Procedure.

2. Roles and responsibilities

1. Manager: the staff member responsible to the Management Committee will act as Centre manager.  Where this staff member is the person invoking the Grievance Procedure, the Workers’ Group will designate another staff member as manager
2. Personnel adviser: a competent person from outside the Resource Centre, such as a Council officer or voluntary organisation manager, will act as adviser on personnel and procedural matters.
3. Grievance Panel: the panel for grievance hearings will be made up of two members of the Management Committee, one of whom will chair the Panel.  The Personnel Adviser will also be present.
4. Appeal Panel: the panel for the appeal hearings will be made up of the chair of the Management Committee (or a substitute) and one other member; neither member must have taken part in the original Grievance Panel.  The Personnel Adviser will also be present.
5. Fellow Employee: if the grievance is against a fellow employee, he or she should be given full details of the grievance, including the date of the hearing and any papers submitted by the complainant.  The fellow employee has the right to attend any hearing and to present a case and ask questions.  There is no obligation to attend the hearing, but if he or she chooses to attend then the complainant, the manager and the chair of the Panel have the right to put questions to clarify the matter.
6. Representation: the complainant and the fellow employee have the right to be represented by a UNISON official or by a friend at any hearing under this procedure.

3. Stage 1: Grievance Hearing

1. The complainant must put the grievance in writing to the Chair of the Management Committee, stating the exact nature of the grievance.  The Chair will ask the Manager to confirm in writing the receipt of the grievance and arrange for a hearing to be held within twenty-one days.
2. The complainant (and any fellow employee) must be given at least seven days’ notice in writing of the date, time and location of the Grievance Hearing.
3. The notice will also state
   a) the identity of the panel members and personnel adviser
   b) the names of any witnesses being brought by management
   c) the right to representation
   d) the right of the employee to bring witnesses
4. Any papers which the complainant or the representative wish to present to the hearing must be submitted to the Manager at least four days before the hearing, together with a list of any witnesses which they intend to call.
5. The Grievance Panel will inform the employer, the complainant and any fellow employee of the decision at the end of the hearing.
6. A letter confirming the decision will be sent to the complainant within seven days of the hearing, reiterating the right to appeal.

4. Stage 2: Grievance Appeal Hearing

1. The complainant may appeal to the Chair of the Management Committee against the Stage 1 decision within seven days of the Grievance hearing.  The appeal must be in writing and state clearly the grounds for the appeal.
2. The Grievance Appeal hearing must be held within twenty-one days of the receipt of the appeal letter.
3. The complainant (and any fellow employee) must be given at least seven days’ notice in writing of the date, time and location of the Appeal Panel.
4. The notice will also state
   a) the identity of the panel members and personnel adviser
   b) the names of any witnesses being brought by management
   c) the right to representation
   d) the right of the employee to bring witnesses
5. Any papers which the complainant or the representative wish to present to the hearing must be submitted to the Manager at least four days before the hearing, together with a list of any witnesses which they intend to call.
6. The Grievance Appeal Panel will inform the employer, the complainant and any fellow employee of the decision at the end of the hearing.
7. A letter confirming the decision will be sent to the complainant within seven days of the hearing.
8. The Grievance Appeal Panel is the final stage of the Grievance Procedure.

5. Format for hearings

1. The chair of the Panel will introduce those present, detail the purpose of the hearing and explain the format of the hearing.
2. The complainant or the representative will present the complainant’s grievance and may call witnesses as appropriate.  The manager and any fellow employee may question the complainant, the representative and witnesses for clarification.  The chair may also ask questions to clarify the grievance.
3. The manager will put the employer’s response and may call witnesses as appropriate.  The complainant and/or the representative may question the manager and witnesses for clarification.  The fellow employee and the chair may also ask questions to clarify the management response.
4. If the grievance is against a fellow employee, that employee may respond and call witnesses as appropriate.  The complainant and/or the representative may question the employee and witnesses for clarification.  The chair may also ask questions.
5. All parties involved may summarise their case if they choose to do so.
6. The hearing will adjourn while the Panel, advised by the personnel adviser, discuss the matter in private.  They may temporarily reconvene the hearing if they need further clarification of any matter.
7. If new information has come to light during the hearing which needs further investigation, a decision will be deferred and a date set for the hearing to be reconvened.
8. The hearing will reconvene and the chair of the Panel will inform the complainant of the decision (and of the right to appeal if this is a Stage 1 hearing).

6. Miscellaneous

1. It is essential to keep proper records.  Detailed notes should be kept of any interviews relating to the grievance process.  Accurate minutes must be kept of hearings.  It may be advisable to ask an outside person to act as Minute Secretary at hearings.
2. Days in the time-scale refers to calendar days.

Signed:                
Company secretary, B&H SWET Ltd

Date: