Appendix 2.13
From SNCT Handbook
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| - | 6.1 Status quo ante - In the event of a formal grievance being lodged in response to a proposed change to terms and conditions of employment and, when practicable, where a grievance has been lodged in response to changes to working practices or organisational structures, no change shall be made to the relevant terms and conditions of employment until the agreed grievance procedures have been exhausted. | + | 6.1 '''Status quo ante''' - In the event of a formal grievance being lodged in response to a proposed change to terms and conditions of employment and, when practicable, where a grievance has been lodged in response to changes to working practices or organisational structures, no change shall be made to the relevant terms and conditions of employment until the agreed grievance procedures have been exhausted. |
| - | 6.2 Withdrawal - The aggrieved employee may at any stage withdraw from these procedures by giving notice in writing. In these circumstances the employee will be deemed to have abandoned the grievance. | + | 6.2 '''Withdrawal''' - The aggrieved employee may at any stage withdraw from these procedures by giving notice in writing. In these circumstances the employee will be deemed to have abandoned the grievance. |
| - | 6.3 Collective Grievances - Two or more employees who share a common grievance arising from the same circumstances shall be entitled to pursue their grievance in common by means of the procedures outlined above. | + | 6.3 '''Collective Grievances''' - Two or more employees who share a common grievance arising from the same circumstances shall be entitled to pursue their grievance in common by means of the procedures outlined above. |
Revision as of 13:53, 22 November 2007
The SNCT Handbook of Conditions of Service
PART 2: APPENDIX 2.13 - GRIEVANCE FRAMEWORK
1. Introduction
1.1 Every employee has a right to seek redress for grievances relating to their employment. The following framework should, therefore, provide the basis for establishing locally agreed grievance procedures (within the Local Negotiating Committee for Teachers (LNCT)) to be applied at both the school and council level. The framework complies with both the Employment Act 2002 and with the ACAS Code of Practice (Number 1) entitled Discipline and Grievance Procedures.
1.2 Grievance procedures provide a mechanism whereby problems in relation to work, the working environment or working relationships can be raised and addressed. These problems should be dealt with speedily and fairly before they can develop into major problems or, potentially, collective disputes.
2. Principles
2.1 It is good employment relations practice to provide all staff with a reasonable and prompt opportunity to obtain redress on any grievance. The process applies equally to groups of teaching staff and the same stages should be utilised as for individual grievances. status quo ante provisions should be included as appropriate (see paragraphs 2.5 (d) and 5.1 below). Employees have the right to be accompanied at all stages in the grievance process and this framework complies with the legal requirement in relation to the provision of a minimum statutory grievance procedure.
2.2 Apart from dealing with grievances quickly and fairly, decisions in relation to a particular grievance should be taken, if possible, at the lowest level within the hierarchy of stages at which the matter can be resolved. It is accepted, for example, that the headteacher may not have the power or authority to sanction solution to a grievance that may be available to staff at, for example, directorate level.
2.3 It is neither possible nor desirable to specify every issue which may give rise to a grievance, but the main areas would include: terms and conditions; health and safety; relationships at work; new working practices; organisational change and equal opportunities matters. Employees should be made aware of the terms of the local grievance procedure and have ready access to a copy of it.
2.4 Every effort should be made to resolve a grievance, or potential grievance, using informal mechanisms – for example, discussion with a senior colleague or through an informal approach by a trade union representative. However, if informal methods do not succeed and the aggrieved party remains dissatisfied with the outcome or response, the formal procedure should be utilised. In summary, therefore, the following principles should comprise a locally agreed grievance procedure. (a) All grievances should be dealt with quickly, fairly and within agreed time limits.
(b) Individual and group grievances should be dealt with using the same procedure and including the same stages.
(c) Decisions relating to a grievance should be taken at the lowest appropriate level and should, where possible, involve the use of informal mechanisms to secure a resolution.
(d) It is anticipated that the use of the status quo ante provisions should be restricted to grievances that relate to situations where changes to terms and conditions are being contemplated. However they should also apply, where practicable, to changes to working practices or organisational structures.
3. The Formal Grievance Procedure
3.1 Every attempt should be made to resolve the matter through informal discussion or through informal representation by a trade union official etc. The headteacher or other senior manager should respond as quickly as possible to an informal approach, not necessarily in writing. If, however, the aggrieved party is dissatisfied with the response or if no response has been forthcoming, within a reasonable period, the employee should initiate the first stage of the formal grievance procedure.
3.2 Stage 1
The employee should submit a formal written statement of grievance to the headteacher or senior manager (perhaps using a prepared pro forma) which should outline clearly the nature of the grievance. The form could also include reference to the resolution sought by the aggrieved party. The headteacher or senior manager will convene a formal grievance hearing within ten working days (or otherwise by mutual agreement) of receipt of the written statement of grievance. The employee will have the right to be represented at the hearing and the headteacher or senior manager will respond in writing to the formal statement of grievance within five working days of the date of the hearing. Where the headteacher is the aggrieved party, the formal statement of grievance should be submitted to the director or nominee.
In line with paragraph 2.2 above, there may be other circumstances where it would not be appropriate for the headteacher or senior manager to hear the grievance at Stage 1, in which case the grievance should be submitted directly to the director.
3.3 Stage 2
Should the employee be dissatisfied with the decision of the headteacher, there shall be a right of appeal to the director. A statement of appeal, also perhaps on a prepared pro forma, must be submitted in writing within ten working days of receipt of the headteacher’s or senior manager’s decision explaining the reasons for continuing dissatisfaction.
The director or nominee will convene a formal appeal hearing within ten working days of receipt of the written statement of appeal. The director or nominee shall respond in writing to the aggrieved employee within five working days of the date of the hearing.
3.4 Stage 3 If the employee remains dissatisfied with the response from the director there shall be a right of appeal to an appropriate committee or sub committee of the council set up for that purpose.
Time limits for convening a meeting of the appeals committee and for transmitting its decision to the aggrieved party must be agreed within the Local Negotiating Committee for Teachers (LNCT) and should adhere, as closely as possible, to the time limits used in the earlier stages.
3.5 Stage 4
The final decision of the local council can be submitted to the Joint Secretaries of the Scottish Negotiating Committee for Teachers (SNCT) for consideration through its appeals process only if the subject matter of the original grievance relates to the interpretation or implementation of a national agreement promulgated by the SNCT (see Appendix 2.14, the SNCT Appeals Procedure).
4. The Conduct of Formal Grievance and Appeal Hearings
4.1 The employee must be given every opportunity to present evidence in support of his/her grievance and the employee and/or representative can call witnesses, submit additional written information and/or use verbal presentation. In addition, the headteacher or director (with advice from an appropriate human resources officer or other professional adviser) must be given every opportunity to justify a decision which is subject to appeal. Where possible, the officer providing advice to the director should be different from the officer who provided advice to the headteacher at an earlier stage. Procedures for the conduct of grievance hearings and appeals must be agreed within the LNCT.
5. The Modified Grievance Procedure
5.1 Under the Employment Act 2002 (Dispute Resolution) Regulations 2004 a modified two step grievance procedure can be used in circumstances where the employment has already terminated.
5.2 The council and employee must agree to use the modified procedure.
5.3 The employee must set out, in writing, the grievance and the grounds for the grievance and send the statement, to the council. This constitutes Step 1.
5.4 The council must send its response, in writing, to the employee. This constitutes Step 2.
6. General Provisions
6.1 Status quo ante - In the event of a formal grievance being lodged in response to a proposed change to terms and conditions of employment and, when practicable, where a grievance has been lodged in response to changes to working practices or organisational structures, no change shall be made to the relevant terms and conditions of employment until the agreed grievance procedures have been exhausted.
6.2 Withdrawal - The aggrieved employee may at any stage withdraw from these procedures by giving notice in writing. In these circumstances the employee will be deemed to have abandoned the grievance.
6.3 Collective Grievances - Two or more employees who share a common grievance arising from the same circumstances shall be entitled to pursue their grievance in common by means of the procedures outlined above.
7. The Grievance Stages, Appeals and Time Limits
7.1 The Local Negotiating Committee for Teachers is charged with reaching agreement on the local grievance procedures for teaching staff based on the above national framework. However, the following table provides advice in relation to the basic stages within the process and suggested time limits.
Stage Heard By Suggested Time Limit
1 Headteacher
or
Senior manager 10 days to arrange formal hearing
5 days to issue written response
2 Director 10 days to arrange appeal hearing
5 days to issue written response
3 Appeals committee 20 days to arrange appeal hearing
5 days to issue written response
4* SNCT Determined by SNCT (see Appendix 2.14)
- Only applicable to matters relating to national agreements.
