Model Grievance Procedure for Staff in Schools - April 2000 by sdfsb346f

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									                    BRACKNELL FOREST BOROUGH COUNCIL

                         EDUCATION DEPARTMENT


COMMUNITY, CONTROLLED AND AIDED SCHOOLS WITH DELEGATED

                       BUDGETS
              MODEL GRIEVANCE PROCEDURE FOR ALL SCHOOL STAFF


PREAMBLE

1	   This procedure has been drawn up following consultations with the recognised Trades Unions
     and Teachers’ Professional Associations. Once adopted by the Governing Body, this
     procedure applies to all school staff.

2	   It is Bracknell Forest Borough Council’s philosophy to treat all staff fairly and equitably. As part
     of that approach, this procedure provides a means for hearing and settling all grievances
     promptly, fairly and by as simple a means as possible.


INTRODUCTION

3	   A grievance is defined as a matter raised by an employee on their own behalf which has been
     discussed with their manager but has not, in the opinion of the employee, been satisfactorily
     settled in a reasonable timescale. The Borough Council accepts the principle that if individuals
     have a grievance relating to their employment, they have a right to express it. This includes
     allegations of acts or statements of discrimination by managers or employees which
     contravenes legislation and Borough Council policy on matters of equality.

4	   This document is designed to deal with grievances or disputes concerning individual members
     of staff employed at the school, and does not apply to collective disputes regarding important
     issues of principle, for which separate arrangements exist.

5	   Staff Grievances can be relatively simple or more complex in nature. They can arise from a
     variety of sources, whether among members of staff, with the Headteacher, with the
     Governing Body or with the Authority. However, the Grievance Procedure cannot be invoked
     by an individual against the application of either the Disciplinary Procedure or the Capability
     Procedure, because both those procedures contain rights of representation and appeal.

6	   The Authority will offer advice at all stages of this Procedure. It is recommended that early
     advice is sought from the Director of Education (or his representative). This can be obtained
     from Education Personnel.

7	   An example timescale is attached at Appendix 1.


AIDED SCHOOLS

8	   The references in this Procedure to the Authority and the Director of Education apply where
     the Governing Body of the school agrees with the Authority to accord advisory rights to the
     Director of Education in relation to employee grievances. The Diocesan Director of Education
     has the same rights as the Director of Education in relation to RC and C of E Aided Schools.

9	   The agreement of the Governing Body to accord these rights will be in writing and may only be
     withdrawn by notice in writing to the Authority.

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10	 Where advisory rights have not been agreed, the Governing Body will be solely responsible for
    its procedure for dealing with employee grievances.


PRINCIPLES

11	 Grievances can be best resolved by raising the issue informally and directly with the member
    of staff concerned. The use of the formal procedures should only be where the informal
    approach is inappropriate or has been unsuccessful.

12	 It is in the interests of all parties to resolve any grievance as quickly as possible. The time
    periods referred to in the Procedure are maxima and every effort should be made to complete
    the processes as quickly as is practicable in the individual case.

13	 A grievance may be raised by an employee personally, or on behalf of the employee by a
    trade union representative, work colleague or some other person of their choice, by whom the
    employee may be accompanied at all stages of the procedure.

14	 A grievance may not be progressed beyond Stage 1 without the exact nature of that grievance
    having been made clear to the supervisor or Headteacher referred to in Stages 1 and 2 by the
    aggrieved party or the representative.

15	 If new complaints are registered at a later stage of the Procedure, these will be dealt with by
    referring those matters back to Stage 1.

16	 All parties in the procedure must conform with the principle of mutual confidentiality.

17	 The status quo will maintain until the final outcome of any grievance is settled.


PROCEDURE

Stage 1 - Informal

18	 It is clearly desirable for a grievance to be resolved informally where possible and it is hoped
    that every attempt will be made to achieve this. Where an employee has a grievance he
    should first endeavor to resolve the matter by direct approach to the member of staff
    concerned or, if this is not possible, the employee may discuss the matter with his line
    manager or other appropriate senior member of staff or, if appropriate, with the Headteacher.
    It may be advisable for the employee to involve his professional association or trades union at
    this stage. When the grievance is against the Headteacher, the Headteacher will also have a
    right to involve a representative of either the LEA or his professional association.

19	 Where it has not been possible to resolve the matter informally Stage 2 should be invoked.
    Where this grievance is against the headteacher stage 3 of the procedure should be invoked.

Stage 2 - Referral to Headteacher

20	 The employee should request a meeting with the person concerned and the Headteacher.

21	 The request may be made orally or in writing, and the meeting should take place on a mutually
    convenient day �, normally within ten working days � of the request being made. Both parties
    may be accompanied by a friend or representative.

22	 The Headteacher and, if appropriate, in conjunction with the Director of Education (or his
    representative) will attempt to resolve the grievance. If the issues cannot be resolved, the

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    Headteacher will invite and assist the parties to the grievance to prepare a mutually
    acceptable statement of facts, with the assistance of the Director of Education (or his
    representative.)

23	 The Director of Education (or his representative) and, in the case of an Aided School, the
    Diocesan Director of Education (or his representative) should be informed that Stage 2 has
    commenced.

24	 At the meeting both parties should seek to resolve the problem by mutual agreement, in
    consultation with the Headteacher. The Headteacher may also, with agreement of all parties,
    seek to resolve the dispute by consulting the Director of Education (or his representative),
    Diocesan Director of Education (or his representative) or such representatives of professional
    associations or trades union as may be thought appropriate.


Stage 3 - Referral to the Governing Body

25	 Where the matter has not been resolved under Stage 2 above, within five working days of the
    meeting the employee may submit a formal written notice of the grievance to the Headteacher,
    with a copy to the person concerned if other than the Headteacher. The Headteacher should
    then issue a formal written report to the Chairman of Governors.

26	 The Director of Education (or his representative) and, in the case of an Aided School, the
    Diocesan Director of Education (or his representative) should be informed that Stage 3 has
    commenced.

27	 Within five working days of the Headteacher receiving the formal written notice of grievance, a
    letter should be sent to both parties stating that the Governing Body’s Grievance Committee
    will be convened to discuss the matter on a mutually convenient day (normally within fifteen
    working days of the Headteacher receiving the formal written notice of the grievance). Where
    the grievance lies with the Authority, a Panel of three senior officers of the Authority will be
    convened. Committee/Panel members should, where possible, have had no previous detailed
    involvement in the case.

28	 The letter will cover the following points:

    i) state that Stage 3 of the Grievance Procedure has commenced;

    ii) summarise the nature of the grievance to be heard;

    iii) give a minimum of ten working days notice of the date, time and place of hearing before

         the Grievance Committee (or the Panel of senior officers, as appropriate);
    iv) remind both parties of the right to be accompanied by a friend or representative;
    v) state that all relevant documents should be exchanged at least five working days before
         the hearing;
    vi) state that the Headteacher has a right to attend for the purpose of giving advice, where he
         is not one of the two parties concerned.

29	 The clerk to the Governing Body will send copies of any documents which are to be submitted,
    to the Grievance Committee (or the Panel of senior officers, as appropriate), the employee
    (and his representative or friend), and the Director of Education (or his representative) and, in
    the case of an Aided School, the Diocesan Director of Education (or his representative) at
    least five working days before the hearing. Nevertheless, with the agreement of all parties,
    any new documentation relevant to the case may be accepted at the commencement of the
    hearing itself: in such an event sufficient copies should be provided for all parties and an
    adjournment may be necessary.

30	 The Governing Body’s Grievance Committee (or the Panel of senior officers, as appropriate),
    should seek to settle the problem. A Grievance Committee should be advised by the

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    Headteacher, where he is not one of the two parties concerned, and the Director of Education
    (or his representative) and, in the case of an Aided School, the Diocesan Director of Education
    (or his representative), who may be present throughout the hearing. Where the headteacher
    is one of the parties concerned the Committee can only be advised by the Director of
    Education or, in the case of an Aided School, the Diocesan Director of Education. A Panel of
    senior officers should be advised by the Headteacher, where he is not one of the two parties
    concerned, and the Director of Education (or his representative). Where the headteacher is
    one of the parties concerned the panel should only be advised by the Director of Education (or
    his representative).

31	 The hearing should be conducted as follows:

    i)    a) the grievance will be presented by the aggrieved party (or his representative or
             friend);
          b) the aggrieved party (or his representative or friend) may call witnesses individually in
             the presence of the other party (and his representative or friend);
          c) the other party (and/or his representative or friend) may question the aggrieved party
             (and/or his representative or friend) and the witness(es);
          d) the Committee (or the Panel of senior officers, as appropriate) may, through the
             Chairman, ask questions of both parties and any witness(es);
          e) the witness(es) should then withdraw;

    ii)   a) the other party (or his representative or friend) will then present his case;
          b) the other party (or his representative or friend) may call witnesses individually in the
              presence of the aggrieved party (and his representative or friend);
          c) the aggrieved party (and/or his representative or friend) may question the other party
              (and/or his representative or friend) and the witness(es);
          d) the Committee (or the Panel of senior officers, as appropriate) may, through the
             Chairman, ask questions of both parties and any witness(es);
          e) the witness(es) should then withdraw;

    iii)	 a) the aggrieved party (or his/her representative or friend) may sum up his/her case;
          b) the other party (or his/her representative or friend) may then sum up his/her case.

    iv)	 the Committee will then consider the matter in private. Only those members of the
         Committee who have been present throughout the hearing will take part in the
         deliberations leading to a decision or determination of the Committee. Any advisors to the
         Committee will remain but both parties (and their representatives or friends) will withdraw;

    v)	 the Committee may recall the parties only to clear points of uncertainty on information
        already given. If recall is necessary, then both parties are to return, even if only one is
        concerned with the point giving rise to doubt;

    vi)	 the Committee will come to a decision;

    vii) once the decision has been reached, the Chairman will immediately inform both parties
         and the Headteacher (if not otherwise notified) of the decision. This will be confirmed in
         writing to both parties, Headteacher (if not otherwise notified) and the Director of
         Education (or his representative) and, in the case of an Aided School, the Diocesan
         Director of Education (or his representative), within five working days of the end of the
         hearing. The letter of confirmation should state that the case has been properly
         considered, state what the decision is and give reasons for the decision. Where the
         headteacher is one of the parties concerned the panel should be only advised by the
         Director of Education (or her representative).

32	 The aggrieved party should be informed of his right of appeal to the Appeal Committee of the
    Governing Body (or, where the grievance is against an officer of the Authority, to an Appeals

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     Sub-Committee of five members). Any appeal must be lodged within five working days
     following receipt of the written confirmation of the determination.

Stage 4 - Appeals

33	 The Appeal Committee (or independent Director of the Borough Council, for a grievance
    against a member of the LEA as appropriate) will consider an appeal within fifteen working
    days of the lodging of an appeal. An Appeal Committee should be advised by the Director of
    Education (or his representative) and, in the case of an Aided School, the Diocesan Director of
    Education (or his representative), who may be present throughout the hearing. The
    independent Director of the Borough Council should be advised by the Director of Education
    Officer (or his representative), who may be present throughout the hearing.

34	 Both parties must be informed in writing of the date, time and venue of the appeal hearing at
    least ten working days before the hearing. Details of the hearing and copies of any documents
    which are to be submitted by either party must be sent to members of the Appeal Committee
    (or independent Director, as appropriate) and both parties may be accompanied by a
    representative or friend. The hearing will be conducted as in paragraph 31 above.




�	 For the purpose of this document “mutually convenient day” signifies acceptance by all parties of a
   particular date.

�	 For the purposes of this document “working day” means any school day which is not a Saturday, a
   Sunday or a Bank holiday.




Personnel/policies & procedures/April 2000

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                                                                                    APPENDIX 1
                                      GRIEVANCE PROCEDURE
                                       EXAMPLE TIMESCALE
Assumptions: (i) BFBC Model Grievance Procedure has already been adopted;
             (ii) Grievance and Appeal Committees/Panels are already in place;
             (iii) Days exclude Saturdays, Sundays and Bank Holidays;
             (iv) Each stage in process proves unavoidable.

Stage 1:	 Grievance discussed informally                  variable amount of time

            Total:	                                       variable amount of time


Stage 2:	 Meeting between 2 employees and                 up to 10 working day
          Headteacher held

            Total:	                                       up to 10 working days


Stage 3:	 Employee lodges formal written grievance        5 working days

            Headteacher sends formal written report to    }

            Chairman of Governors                         }

                                                          }1 working day

            Headteacher informs Chief Education Officer   }

            that Stage 4 has commenced                    }


            Headteacher notifies both parties of

            Grievance Committee/Panel of Officers         up to 4 working days
            hearing

            Grievance Committee/Panel of Officers         up to 10 working days
            hearing takes place

            Grievance committee/Panel of Officers         up to 5 working days
            confirms decision in writing

            Total:	                                       up to 25 working days


Stage 4:	 Employee lodges formal written appeal           up to 5 working days

            Clerk notifies both parties of Appeal
            Committee/Independent Director of             up to 5 working days
            hearing

            Appeal Committee/Independent Director         up to 10 working days
            hearing takes place

            Appeal Committee/Independent Director         up to 5 working days
            confirms decision in writing

            Total:	                                       up to 25 working days
Personnel/policies & procedures/April 2000



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