Introduction
Employees should use these procedures to raise any grievance about their employment. The following procedure will be followed to ensure that the handling and settlement of issues is done in an orderly and speedy manner.
Where appropriate, provision will be made to assist employees if they have language difficulties and/or any disability. The employer should be alerted to any potential difficulties. Maintaining confidentiality so far as is possible is important.
The procedure does not form part of any employee's contract of employment unless (and only to the extent) required by law after the issue of these procedures or stated in individuals’ contracts.
Preschool has the right to vary any part of this policy at any time. Any such variation will be advised to all employees.
Where an employee raises a grievance during a disciplinary process, the disciplinary process may be temporarily suspended in order to deal with the grievance. Where the grievance and disciplinary cases are related, it may be appropriate to deal with both issues concurrently.
Informal Stage
Employees should normally discuss work related problems in the first place through supervision or a meeting with their line manager. If the line manager is the subject of the grievance or if it is not deemed appropriate to speak to the line manager, the employee should speak to the Chairperson of the Committee, or if he/she is unavailable and the matter is urgent or involves that person, with another member of the committee. If this discussion does not resolve the matter, or if the employee does not want to deal with the problem on an informal basis, they should follow the formal stage of this grievance procedure.
Formal Stage
Employees should write to the Chairperson of the Committee, or if he/she is unavailable and the matter is urgent or involves that person, with another member of the committee setting out the complaint.
A meeting will then be arranged with the employee (and confirmed in writing) as soon as possible. The employee and all other relevant parties should make every effort to attend. Other staff may be invited to attend some or all of the meeting, if required, to clarify or address any issues. If more appropriate, such staff can be seen outside the meeting. The meeting may in some cases be adjourned for any investigation that may be necessary.
The employee has a statutory right to be accompanied by a companion at a grievance meeting which deals with a complaint about a duty owed by the employer to the employee, for example the employer not honouring the employee’s contract or breaching legislation. The companion may be a trade union official/representative or a colleague. The employee must first make a reasonable request. Preschool reserves the right to refuse the choice of companion if he/she will prejudice the grievance proceedings (e.g. because of conflict of interest). During the meeting the companion may ask questions, may confer with the employee and may address the meeting but not respond to questions on the employee's behalf, represent the employee if the employee does not wish them to do so or prevent the employee from stating their case.
A solution or decision will normally be proposed in writing within 5 working days of that meeting. The letter should set out what action Preschool intends to take to resolve the grievance. If the matter has been satisfactorily resolved an agreed summary will be signed and placed on record.
Appeal
If the first stage does not satisfactorily resolve the matter, employees may appeal to the Secretary of the Committee in writing within 7 working days or as soon as possible thereafter outlining the grounds for their appeal.
An Appeal meeting will be arranged as soon as possible and will be confirmed in writing to the employee. It will normally be heard by a sub-committee consisting of three members of the committee and within 14 days of the request being received. Where appropriate the person who dealt with the original grievance shall be entitled to be present at the meeting. The employee has a statutory right to be accompanied at an appeal hearing.
A written decision will be proposed as soon as possible after the hearing, usually within 5 working days. This decision is final.