Grievance Procedure (Ordinance 32)

Staff Grievance Procedure

1. General

In this procedure, the term “complaint” is used for a matter of concern brought forward by a member of staff, and “grievance” for a complaint that is raised under section 6, below.

The aim of the procedure is to settle or redress individual complaints or grievances promptly and fairly, by methods acceptable to all the parties involved. The procedure applies to complaints and grievances brought by members of staff concerning their employment, which relate to themselves as individuals or their personal dealings or relationships with other staff of the University. However the procedure does not apply to complaints, grievances or appeals where other procedures are already in place, for example those brought in relation to conduct, redundancy, dismissal for reasons of capability or ill-health, or academic promotion. Nor may this procedure be used to deal with disputes between the University and the trade unions, or to negotiate changes in collective terms and conditions of employment. Members of staff should also be aware of the University’s separate Public Interest Disclosure Policy, set out in the Staff Handbook.

Consideration of a complaint or grievance under this procedure may be deferred, if other relevant proceedings concerning the individual are pending or in progress. Members of staff may request that common grievances be dealt with together. If members of staff bring grievances jointly with students, the procedure used shall be the staff grievance procedure.

In this procedure, unless the context indicates otherwise, references to University postholders and heads of department shall be construed to refer either to the postholder or head of department, or to an appropriate member of staff nominated by him or her to act with full authority on his or her behalf. References to heads of department include heads of non-academic departments.

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2. Dignity at Work

The University has policies on dignity at work and study, and equal opportunities. The University will not tolerate harassment, bullying or victimisation in the workplace and will take steps to protect staff and students. Leaflets giving information and guidance are available from departments and the Human Resources

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3. Those against whom a grievance lies

Anyone against whom a grievance is brought has the right to attend a hearing under this procedure, to put his or her case, and to be accompanied by an adviser, friend, trade union or other representative. There is no obligation on such persons to attend, but if they give no good reason, inferences may be drawn from their absence.

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4. Confidentiality

If information relating to a complaint or grievance is to be kept confidential, the member of staff should make this clear to the person to whom the complaint or grievance is brought. In exceptional circumstances it may be difficult for confidentiality to be respected, for instance where a possible criminal offence has been disclosed. Members of staff should also understand that in some circumstances their demand for confidentiality may make it difficult for the University to deal with the matters raised. If confidentiality is a problem, members of staff are advised to discuss this with their HR manager or with the Staff Mediation Officer.

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5. Informal resolution and mediation

Unless there are good reasons not to do so, initially a member of staff bringing forward a complaint should attempt to deal with the matter on an informal basis within the department or through the Staff Mediation Officer.

Before using the grievance procedure set out below, or, with the consent of all parties to the grievance, at any stage in the procedure, a member of staff may bring a complaint or grievance to the Staff Mediation Officer. Where mediation is appropriate, the Staff Mediation Officer will refer the case to one of the University’s staff mediators, who are members of staff experienced in dealing with staff problems and trained in mediation.

The mediator’s task is to attempt to help the member of staff and others involved together to find a resolution to the problem. After referral by the Staff Mediation Officer, the mediator will contact the other persons involved and attempt to help all those involved to resolve their difficulties or disagreements. The mediator will act promptly. The process is confidential (subject to some rare exceptions, for example where a matter is disclosed relating to health and safety which may be putting members of staff at risk). Further information about the process can be obtained from the Staff Mediation Officer.

If the matter is resolved, the mediator may put any agreement between the parties in writing for their benefit. If the matter remains unresolved, the mediator will refer the matter back to the Staff Mediation Officer, who will notify the parties of any other avenues that might be explored.  

The Staff Mediation Officer and mediators will encourage good practice in the University and will present an annual report to the University  Planning and Resources Committee, Staff Committee, Senate and Council.

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6. Grievance procedure

6.1 Stage 1

Where informal approaches have failed or are inappropriate, the member of staff may write to the head of department, setting out the nature of the grievance, the allegations on which it is based and the remedy sought. If the grievance concerns the head of department, the member of staff may write to the dean of faculty or Registrar, as appropriate. If the grievance concerns the dean, the Registrar or a pro-vice-chancellor, the member of staff should write to the Vice-Chancellor. If the grievance concerns the Vice-Chancellor, the member of staff should write to the Chairman of Council through the University Secretary.

On receipt of the letter setting out the grievance, the relevant postholder shall consider whether it deals with matters which should be investigated by the University under other procedures. Where the relevant postholder decides that this should happen, the appropriate steps will be set in train and no further action will be taken on the grievance until that investigation has been completed.

Where the relevant postholder decides that no such issues arise, or where the member of staff is not satisfied with the outcome of such an investigation, a meeting will be arranged to hear the grievance. This will be attended by a HR manager. Both the member of staff raising the grievance and any person against whom the grievance lies may be present at the meeting and may be accompanied by an adviser, friend, trade union or other representative. Witnesses may attend and give evidence. The written statement of grievance and any written evidence adduced shall be circulated to all parties at least seven working days before the meeting, and the postholder shall allow proper time for consideration and response. The postholder shall ensure that the matter is dealt with promptly, and that a note is taken of the meeting. The postholder shall attempt to resolve the grievance and shall inform the member of staff and any person against whom the grievance lies in writing of the outcome within seven working days.

6.2 Stage 2

If the grievance has not been resolved under Stage 1, the member of staff may bring the grievance to a committee of Council under Stage 2. Council shall appoint a committee of at least three to consider the grievance, none of whom shall have had any prior involvement in the case. The committee shall include a lay member of Council in the chair, and, in the case of members of staff to whom Statute 32 applies, a member of the academic staff appointed by Senate. Where the grievance is brought by a member of the clinical academic staff, who is required to engage in clinical work or activities and for that purpose to be registered with the General Medical or Dental Council or similar body and/or to have an honorary or substantive contract or status with a National Health Service trust or similar body, then the committee may include, in addition to its other members, an appropriate medically qualified representative of the National Health Service, appointed by the Chief Executive of the Avon, Gloucestershire and Wiltshire Strategic Area Health Authority or any successor body.

The grievance must be brought to the University Secretary within twenty working days of receipt of any letter giving the outcome of consideration of the grievance under Stage 1. The member of staff must set out clearly in writing the nature of the grievance, the allegations on which it is based and the remedy sought .

The University Secretary shall act as secretary to the Committee, to give advice and assist the Committee. The person bringing the grievance and any person against whom the grievance lies may be present at all hearings, and may be represented by an adviser, friend, trade union or other representative. The University may be represented  by a member of staff or other representative.

The Secretary, on behalf of the Committee, shall normally call for written witness statements and documents in support of the grievance, and for a written response to the grievance, written witness statements and documents from the other parties involved. Copies of all relevant material submitted shall be made available at least seven working days before any hearing to the Committee, the person bringing the grievance, any person against whom the grievance lies and the University representative.

If the Committee finds that the written evidence presented by the person bringing the grievance discloses no prima facie case, it shall dismiss the grievance without a hearing. If the Committee finds that there is a prima facie case, it shall conduct a hearing. Subject to the provisions of this ordinance, the order of proceedings at a hearing shall be at the discretion of the Committee1. The Committee may adjourn the hearing to another date, as it thinks fit. The Committee shall ensure that the proceedings are dealt with expeditiously. It may impose time limits on addresses and submissions, and may specify dates by which any stage of the proceedings must be completed.

The evidence presented at the hearing shall normally be oral evidence, given by witnesses appearing in person. These witnesses may be called by the person bringing the grievance, any person against whom the grievance lies, the University or the Committee. All such witnesses may be questioned by the person bringing the grievance, and/or their representative, any person against whom the grievance lies, the University representative and the Committee. The Committee may accept a written statement in evidence where it is impracticable for the witness to attend, or where in the opinion of the Committee it is for some other reason in the interests of justice to do so. If the Committee accepts a written statement in evidence, it shall give reasons for doing so. The Committee may ask for additional enquiries to be undertaken, and may call for additional witnesses to attend. The Committee shall refuse to admit evidence that is, in its opinion, irrelevant to the issues raised.

The Committee shall take such action to resolve the grievance as it thinks fit and shall give a reasoned written report to Council. A copy of the written report shall be sent to the member of staff bringing the grievance and/or their representative and to anyone against whom the grievance lies.

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7. After employment

A former member of staff may bring a grievance after his or her employment has ceased. Where it is not reasonably practicable to apply the ordinary procedure above, or by agreement between the former member of staff and the University, a modified procedure shall apply. Under the modified procedure, the former member of staff shall set down in writing the nature of the alleged grievance and send it to the  Human Resources Director. The University will consider the grievance and respond in writing.

1 Guidelines on procedure will be issued from time to time.

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Summary of Grievance Procedure

 

Stage  Action  Outcome

Mediation

 Grievance taken to the Staff Mediation Officer Resolution by Staff Mediation Officer or mediators, or back to to the Procedure
Informal Resolution

Informal discussion in the Department

 Resolution or to the Postholder

Stage 1

Application to the Postholder

 Meeting with the Postholder attended by the HR Manager Resolution or to the Grievance Committee
Stage 2

Grievance Committee

 Hearing of the Committee Resolution

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Approved by Council 2005, effective from 1.1.06