Purpose and Scope
- Frederic Chopin Polish School CIC (The School) is committed to dealing with employee grievance fairly, consistently and without unreasonable delay. This policy sets out the way in which employee should make any complain about work related matters and the way in which the Frederic Chopin Polish School CIC will deal with this complains. This is non-contractual policy and can be changed at any time. If the employee/volunteer has any queries about this policy and procedure, they should contact the Director.
Primary Principles
2. Grievances will be dealt with confidentially so far as reasonably possible and employees/volunteers must keep information learnt during this process confidential.
3. The purpose of grievance or appeal meeting is for the employee/volunteer to explain their grievance and how they think that it should be resolved using evidence available to make representations, allowing the Frederic Chopin Polish School CIC to cone to a decision.
4. Employees/volunteers will not be subjected to a detriment to raising a grievance in a good faith, even if grievance is not upheld. However, the School should not use this policy to dispute a disciplinary or dismissal decision. The correct policy for this can be obtained from the Director. Also if the employee/volunteer deliberately gives false information, is dishonest or makes a false complaint during the grievance process, this may lead to disciplinary action by the School.
5. Employees/volunteers will not normally be suspended during the grievance process, but the School reserves the right to suspend if in the School discretion, this is helpful and reasonable. Employees/volunteers will receive their normal pay and benefits except for:
a) Employee/volunteer will not be able to access or use the following: work email, staff chat groups
6. The employee/volunteer has the right any decision made about a grievance as set out in the appeals section of this policy and procedure.
7. The School processes personal data collected during informal discussions and the formal grievance procedure in accordance with its data protection policy. In particular, data collected as part of informal discussions and the grievance procedure is held securely is held securely and accessed by, and disclosed to, individuals only for the purposes of responding to the grievance or conducting the grievance procedure. Inappropriate access or disclosure of Employee/volunteer data constitutes a data breach and should be reported in accordance with the School’s data protection policy immediately. It may also constitute a disciplinary offence, which will be dealt with under the School’s disciplinary procedure.
Informal Discussions
8. The School promotes communication between employees/volunteers and so wherever possible, the employee/volunteer should try to resolve any grievance at work by firstly talking about it informally with their manager to try and agree the solution. If the grievance is too serious, if the employee/volunteer or the School think it is not appropriate in circumstances to deal with the grievance informally, or if discussing the grievance informally does not work, the employee’s/volunteer’s grievance will be dealt formally.
9. If the School that an investigatory interview would be helpful at any stage during the grievance process before a formal meeting is held or continued, the School may take statements from the employee/volunteer or witnesses or review documents at the Schools discretion. No decision will be taken until after a grievance hearing will be held. An employee/volunteer does not normally have the right to bring a companion to a investigative interview. However the School may allow the employee/volunteer to bring a companion in its absolute discretion. In such case the companion could be another employee/volunteer.
Formal Procedure
10. Stage 1 – Statement of grievance
a) To raise the matter formally the employee/volunteer should write to their immediate supervisor setting out the facts the grievance, avoiding insulting or abusive language and trying to give specific examples of complaints, copies of documents, names of witnesses, and dates where possible.
b) When an employee’s/volunteer’s grievance is against their immediate supervisor, the employee/volunteer should write to the Director or Management Team member who is not subject of the grievance.
11. Stage 2 – Grievance Meeting
a) Within five (5) working days, the employee’s/volunteer’s manager will respond, in writing, to the employee’s/volunteer’s written grievance, inviting the employee/volunteer to attend a meeting where the alleged grievance can be discussed.
b) The employee’s/volunteer’ manager will usually hold the meeting ( unless they are the subject or it is reasonably practicable for the employee’s/volunteer’s manager to hold the meeting).
c) Five (5) working days notice of the meeting will usually be provided to the employee/volunteer and they will be informed about their right to be accompanied by the companion.
d) The employee’s/volunteer’s choice of the companion will be agreed to if the companion is either a colleague, a trade union official, or a trade union representative (which is not employed official, must be certified by their union as competent accompany a worker) and under the circumstances the employee/volunteer has made a reasonable request to be accompanied. The employee/volunteer should advise the School of the identity of the companion (or any change of their companion) and whether they will require any special adjustments to be made for them or their companion’s attendance, at least 24 hours before the start of the meeting.
e) The School encourages the employees/volunteers to bring their choice of colleague, trade union representative or trade union official to formal meetings under this procedure, but employee/volunteer should bear in mind how practical it is for their choice of companion to attend and consider if there is a suitable and available individual who is geographically close to where the meeting is to be held, rather than first considering an individual geographically based further away.
f) The role of the companion in a formal meeting is to make notes, confer with an employee/volunteer and if the employee/volunteer requests it, to address the hearing to state the employee’s/volunteer’s case and respond to any views expressed at the meeting. The companion does not have the right to answer questions or address the hearing if the employee/volunteer does not request this and not prevent the School from explaining its case.
g) If an employee/volunteer or their companion is unable to attend the meeting at the time, date and place specified by the School, they must notify the Director of the School as soon as possible in writing. Except in the case of an emergency, this should be at least 24 hours before the start of the meeting and the employee/volunteer should advise of a time when they and their choice of a companion will be available within five (5) working days of the original proposed meeting and provided this is reasonable, the new meeting will be agreed.
h) Employees/volunteers must make every effort to attend any scheduled meeting under this procedure. If you are unable to attend more than two scheduled meetings, the School reserves the right to make a decision about your grievance using the available evidence but in your absence.
i) If the School or employee/volunteer will be referring to any documentation during the formal meeting, this should be sent to the other party at least 24 hours before start of the meeting, so that they have a reasonable chance to prepare.
j) The School may in its absolute discretion adjourn a meeting to carry out further investigations, after which the meeting will usually reconvene.
g) After the meeting the manager will give an employee/volunteer the decision in writing, normally within 24 hours.
12. Stage 3 – Appeal
a) If the employee/volunteer is not happy with the School’s decision and they wish to appeal they should write to the Director within five (5) working days of the date of the decision, saying that they disagree with the decision and giving their reason(s) why and providing any new evidence they seek to rely.
b) The employee/volunteer will be invited to an appeal meeting, normally within ten (10) working days of the School receiving the employees/volunteers letter of appeal. The employee’s/volunteer’s appeal will be heard by an impartial manager who has not been part of the process up until the appeal stage. The employee’s/volunteer’s appeal will either be a review of the grievance decision made or a complete hearing, at the School’s discretion. The right to be accompanied to the appeal meeting is the same as set out in (e)- (g) in Stage 3 above.
c) After the meeting the employee/volunteer will be given a decision, normally within 24 hours. The School’s decision is final and there is no further right to appeal.