Grievance and Disputes Policy and Procedure

1 Key Words: Grievance Collective grievances Disputes Version: 3 Adopted by: Strategic Workforce Group Date adopted: November 2015 Name of originator/author: Human Resources Name of responsible committee: Workforce and OD Committee Date issued for publication: November 2015 Review date: November 2017 Expiry date: November 2018 Target audience: All Staff Type of Policy (tick appropriate box) Clinical Non Clinical Relevant CQC Standards: Good Governance Grievance and Disputes Policy and Procedure This Policy describes the process for reporting and responding to grievances and Disputes 2 of 36 CONTRIBUTION LIST Key individuals involved in developing the document Name Designation Diane Mallon HR Business Partner Reena Mistry HR Business Partner Julie Hamore Senior HR Advisor Circulated to the following individuals for comments Name Designation Kathryn Burt Head of Operational HR Workforce and Wellbeing Group Policy

2 Group Members Integrated Equality & Diversity Service Joint Staff Consultation and Negotiating Committee (JSCNC) 3 of 36 Contents Page DEFINITIONS THAT APPLY TO THIS Policy 7 EQUALITY STATEMENT 8 SUMMARY OF Policy 8 INTRODUCTION

3 8 PURPOSE 9 DUTIES WITHIN THE ORGANISATION 9-10 REPRESENTATION 10 STATUS QUO 11 INFORMAL Procedure 11-12 FORMAL Procedure INDIVIDUAL GRIEVANCES (Stages 1 and 2) 12-13 FORMAL Procedure COLLECTIVE GRIEVANCES OR Disputes (Stages 1 and 2)

4 13-14 EXCEPTIONAL CIRCUMSTANCES 14-15 GRIEVANCES IN RELATION TO OTHER procedures 15 EXCLUSIONS 15 GRIEVANCES RAISED BY AN EMPLOYEE WHO HAS LEFT THE TRUST 15-16 TIME LIMITS 16 MONITORING COMPLIANCE AND EFFECTIVENESS 16 DUE REGARD 17 STAKEHOLDERS AND CONSULTATION 17 LINKS TO STANDARDS/PERFORMANCE INDICATORS 17 REFERENCES AND ASSOCIATED DOCUMENTATION 17 4 of 36 DISSEMINATION AND IMPLEMENTATION 17

5 APPENDICES APPENDIX 1 Notification of Grievance Form 18-19 APPENDIX 2 Flowchart Individual Grievances 20 APPENDIX 3 Flowchart Collective Grievances or Disputes 21 APPENDIX 4 Procedure to be followed at a Grievance Hearing 22 APPENDIX 5 NHS Constitution 23 APPENDIX 6 Policy Monitoring 24 APPENDIX 7 Due Regard 25-35 APPENDIX 8 Policy Training Requirements 36 5 of 36 Version Control and Summary of Changes Version number Date Comments (description change and amendments)

6 3 November 2014 Reference to the CQC has been added 3 November 2014 title change to Workforce and Organisational Development Committee 3 November 2014 Change from Workforce Development group to Health Organisation group. 3 November 2014 Reference to Trust Mediation scheme added 3 November 2014 New section added Staff side Colleagues . 3 November 2014 The following section has been deleted and replaced with section : If the attempt to informally resolve the matter with the line manager has failed the staff must complete the Grievance Notification Form (Appendix 1) and submit this to the next line of management at the earliest opportunity.

7 The manager, accompanied assisted by a Human Resources representative, should acknowledge receipt of the Grievance within 5 working days and meet with the staff within 15 working days of receipt of the Grievance Notification Form and should reply, in writing, within a further 5 working days. The written outcome should incorporate a summary of the considerations and conclusion. The informal Procedure applies to both individual and collective grievances. There is however a different formal Procedure for individual grievances (see section 8) and collective grievances (see section 9).

8 3 November 2014 A timescale for the meeting to take place has been added. 3 November 2014 Accompanied has been changed to assisted 3 November 2014 Senior has been deleted in relation to the HR representative. 3 November 2014 Bullying and Harassment Policy has been replaced by The Anti-Bullying, Harassment and Victimisation Policy . 3 November 2014 Absence Management has been replaced by Management of Ill Health Policy . 3 November 2014 PDR Process has been replaced by Appraisal Policy . 3 November 2014 Reference to monitoring under the IQPR process has been added.

9 Results of monitoring has been changed to go to the 6 of 36 Workforce and Wellbeing Group instead of the Finance and Performance Group. 3 November 2014 20. Ratification has been changed to adoption. E-source has been added to the list of ways information can be disseminated. 3 November 2014 Appendix 1 has been amended to indicate at which stage the Grievance is being lodged at. 3 November 2014 Appendix 2. The Equality Monitoring Form has been removed. 3 November 2014 Appendix 3 The flowchart has been amended to include reference to the Grievance Notification Form.

10 3 November 2014 Appendix 4 The flowchart has been amended to include reference to the Grievance Notification Form. All LPT Policies can be provided in large print or Braille formats, if requested, and an interpreting service is available to individuals of different nationalities who require them. For further information contact: Diane Mallon, HR Business Partner 7 of 36 Definitions that apply to this Policy Grievance Any matter which is grounds for complaint between an individual employee and their manager or the Trust.