Appendix 2.14

From SNCT Handbook

PART 2: APPENDIX 2.14

SNCT APPEALS PROCEDURE

1. PURPOSE

1.1 The SNCT has a conciliation and appeals mechanism to permit disputes on conditions of service matters to be settled at national level. Where an employee has a grievance with his/her employing council which relates to national conditions of service and which remains unresolved after the Council’s grievance/appeals procedure has been exhausted, then he/she may refer the case to the SNCT.

2. COMPETENCE

2.1 Every case will first of all be considered by the Joint Secretaries representing the Convention of Scottish Local Authorities (COSLA), ie the Employers’ Side, and the Teachers’ Side.

2.2 The Joint Secretaries will consider whether the appeal is competent by reference to the National Scheme of Salaries and Conditions of Service for Teachers and Associated Professionals (SNCT Handbook: Part 2).

2.3 It shall not be competent to appeal matters devolved to Local Negotiating Committees for Teachers (LNCTs) as listed in Part 1: Appendix 1.3, Local Framework Recognition and Procedure Agreements.

3. APPEAL TO SNCT

3.1 Appeal Procedure

3.1.1 Notice of appeal to the SNCT must be lodged, in writing, by the appellant, or his/her representative, with both the Joint Secretary Employers’ Side and the Joint Secretary Teachers’ Side within 20 working days of the outcome of the final local appeal being notified to the appellant. This notification should be accompanied by a copy of all the supporting papers.

3.1.2 Within 5 working days of receipt of the notification of appeal the Joint Secretary (Employers’ Side) will write to the employing body involved (the respondent) to notify that there is an appeal and to request that they provide papers in support of their case. A copy of the supporting papers should be provided to both Joint Secretaries (Employers’ Side and Teachers’ Side) within 20 working days of receipt of notification.

3.1.3 The supporting papers, ie the evidence and papers submitted in support of a case, shall be those presented at the local hearing unless otherwise agreed by both parties. Where more than one teacher is involved in an appeal, separate submissions should be made unless the details are identical.

3.1.4 Within 5 working days, following receipt of the respondents’ response, the Joint Secretary (Teachers’ Side) and the Joint Secretary (Employers’ Side) shall meet to consider the case. Where the Joint Secretaries consider the appeal is not competent the Appellant and Respondent shall be so advised. Where the appeal is competent the Joint Secretaries shall seek to reach agreement on joint advice. A response providing the joint advice shall normally be issued within 5 working days of the Joint Secretaries’ meeting unless additional information is sought from the appellant or the respondent. In such circumstances the response to both parties will be within 10 working days of the receipt of the additional information.

3.1.5 Where the Joint Secretary (Teachers’ Side) and the Joint Secretary (Employers’ Side) cannot agree joint advice they will write to both parties to inform them of this and to provide a date for the Appeal Hearing. The Appeal Hearing will normally be held within 25 working days from the date of this notification.

3.1.6 Where joint advice is issued but is not accepted by either or both of the parties the Joint Secretaries should be advised of this, in writing, within 10 working days of the joint advice being received. The Appeal Hearing will normally be held within 25 working days from notification from either or both parties of a failure to agree.

3.1.7 Notification of witnesses to be called in support at the Appeal Hearing must be provided, in writing, to the Joint Secretaries at least 10 working days before the date for the Appeal Hearing.

3.1.8 The SNCT expects the time limits prescribed in this procedure to be strictly adhered to. The SNCT also expects both parties to ensure that the summary of their case, both in written form and in presentation at the Appeal Hearing, is as concise as is reasonably practicable.

3.2 Appeals Panel

3.2.1 The SNCT Appeals Panel will consist of one member from each of the three sides of the SNCT; Employers’ Side, Teachers’ Side and Scottish Government. No member of the panel shall have a previous involvement with the case being considered.

3.2.2 A chairperson will be appointed for each case heard. Each side will take the chair by rotation.

3.2.3 The decision of the Appeals Panel will be final and is binding on all parties to the Appeal. This does not restrict the appellant’s right to seek redress through tribunal or court.

3.3 Appeal Hearing

3.3.1 The appellant, or his/her representative, will state the appellant's case, calling any witnesses. Any persons attending as witnesses shall not normally speak except to answer questions.

3.3.2 The representative of the respondent will then be given the opportunity of questioning the appellant, his/her representative, or any witness.

3.3.3 The members of the Appeals Panel may then question the appellant, his/her representative, or any witness to clarify areas of uncertainty. The witness will then withdraw.

3.3.4 The representative of the respondent will then state the respondent’s case, calling any witnesses. Any persons attending as witnesses shall not normally speak except to answer questions.

3.3.5 The appellant, or his/her representative, will then be given the opportunity of questioning the representative of the respondent employer or any witness.

3.3.6 The members of the Appeals Panel may then ask questions of the representative of the respondent employer or any witness to clarify areas of uncertainty. The witness will then withdraw.

3.3.7 The chairperson shall ensure that all questioning is completed before each side is given the opportunity to sum up its case. No further questioning or other contribution shall be allowed after the process of summing up has commenced.

3.3.8 The representative of the respondent will then sum up the employer's case and may reply to any points raised at the hearing but may not introduce fresh evidence.

3.3.9 The appellant, or his/her representative, will then sum up his/her case and may reply to any points raised in the course of the hearing but may not introduce fresh evidence.

3.3.10 After the case for the appellant has been summed up, all parties will withdraw.

3.3.11 If the members of the Appeals Panel need to ask further questions to help in their deliberations, both parties will be recalled, even if questions are to be asked of one party only.

3.3.12 The parties will not normally be called back to hear the decision of the Appeals Panel.

3.4 Decisions of the Appeals Panel

3.4.1 The Appeals Panel shall reach its decisions by voting, each member having one vote. Where the majority of the panel decide in favour of the appellant, the appeal shall be upheld. Where a majority of the panel decide against the appellant, the appeal shall be rejected.

3.4.2 Within 10 working days both parties will be informed of the decision of the Appeals Panel. This information will be provided, in writing by the Joint Secretaries.

3.5 Report to the SNCT

3.5.1 Decisions of the Appeals Panel will be reported to the next full meeting of the SNCT.

4. LNCT FAILURE TO AGREE

4.1 Where a failure to agree occurs on a condition of service matter, the LNCT constitution shall determine what happens in such circumstances.

4.2 It shall be open to either side to refer the failure to agree to the SNCT for conciliation. If the conciliation is unsuccessful the Joint Chairs of the SNCT may recommend further procedures for resolution of the difference. This could include external conciliation, mediation or binding arbitration.

4.3 Before a failure to agree is reached a joint approach can be made to the Joint Secretary (Teachers’ Side) and the Joint Secretary (Employers’ Side) for advice. Such advice is not binding.