Grievance policy and procedure

1. OVERVIEW

1.1. DMR Training & Consultancy Limited (DMR) is keen to provide a positive and supporting working environment for all of its members of staff.

1.2. DMR has implemented this policy and procedure to be used by members of staff to ensure grievance matters that they wish to raise related to their work, working environment and working relationships within DMR can be dealt with promptly, consistently and fairly. The policy and procedure takes into account the ACAS Code of Practice.

1.3. Through the policy and procedure, grievances may be resolved to help ensure that areas of dissatisfaction are identified, and responded to in a clear, orderly timely and fair manner. However, the procedure itself cannot guarantee the resolution of a particular grievance. Where it is not possible to deal with a grievance to the satisfaction of the member of staff, the reason(s) given will be provided in writing.

1.4. DMR encourages an open process for communication and consultation when problems and concerns arise. Members of staff should try to resolve their grievance informally with their line manager in the first instance prior to the instigation of the formal procedure.

1.5. No decisions on the outcome of a formal grievance will be made before the matter has been fully investigated.

1.6. At all formal stages of the grievance process, a member of staff will have the right to be accompanied by a trade union representative or a DMR colleague. Advocates can be used by those members of staff who are not able or do not feel sufficiently confident to represent themselves.

1.7. Members of staff raising a grievance may only do so on their own behalf. They cannot raise a grievance on behalf of a colleague(s).

1.8. Confidentiality should be maintained at all times.

1.9. The sound recording of any meetings or discussions that take place at any stage of the procedure is expressly forbidden, unless there is written consent by all parties.

1.10. A member of staff who dissatisfied with the outcome or remedy proposed may have the right of appeal.

1.11. This procedure should not be used to pursue matters relating to disciplinary decisions. Should a member of staff be dissatisfied with any disciplinary sanction taken, then they should follow the appeal process as outlined in the Disciplinary Procedure.

2. GRIEVANCE PROCEDURE

2.1. DMR aims to deal with grievances promptly, fairly, consistently, and without unreasonable delay.

2.2. The member of staff should try to resolve their grievance informally with their line manager in the first instance prior to the instigation of the formal procedure. This may involve an informal meeting between the member of staff and the line manager to discuss the concern raised and agree an appropriate resolution. Any agreed outcomes at the informal stage should be recorded and shared by both parties. If this is not appropriate, then the grievance could be raised informally with the Head of Business Development.

2.3. Where the member of staff has not been able to resolve the grievance informally and/or they wish to formalise the matter, then the member of staff should complete the Appendix 1 form, clearly outlining the nature of the grievance including dates, events, witnesses, supporting documentation etc.

2.4. The Appendix 1 form, clearly setting out the nature of the grievance, should be forwarded to the member of staff’s line manager or, where appropriate, the Head of Business Development.

2.5. The Head of Business Development will arrange a grievance hearing with the member of staff within five working days of receipt of the Appendix 1 form. The member of staff will be informed of the date/time of the hearing in writing.

2.6. The Head of Business Development should have no conflict of interest with the grievance. Otherwise, another member of the Senior Management Team should take over the arrangements for the grievance hearing.

2.7. All members of staff have the right to be accompanied to a hearing by either a trade union representative or a DMR colleague.

2.8. The member of staff and any accompanying person should make every effort to attend the meeting.

2.9. Once the hearing meeting is confirmed, it is the member of staff’s responsibility to notify their chosen representative of the arrangements and to notify the Head of Business Development of the name of the person accompanying them. There is no duty on a workplace colleague to accept a request to accompany a member of staff.

2.10. Where the chosen companion cannot attend on the scheduled date of the hearing, the member of staff may request that an alternative time and date be agreed. This will normally be within five working days of the original scheduled date.

2.11. During the hearing the member of staff raising the grievance will have the opportunity to state their case and how they suggest it could be resolved. The person accompanying the member of staff will be permitted to address the meeting and confer with the member of staff during the meeting, but will not be entitled to answer questions on behalf of the member of staff they are supporting.

2.12. The grievance matter will be investigated by the Head of Business Development. Witnesses may need to be interviewed based on information discussed at the hearing.

2.13. If the Head of Business Development reaches a stage in the hearing where they are required to interview witnesses, seek advice or feel that further investigation is necessary, then the meeting should be adjourned. The meeting should be reconvened within an agreed timescale and as soon as is reasonably practicable.

2.14. Meeting notes will form part of any investigation report and may be used in any subsequent formal procedures such as disciplinary procedures.

2.15. After listening to the grievance and undertaking any further investigation as necessary and fully considering all the facts, the Head of Business Development will notify the member of staff of the outcome within five working days of grievance hearing. This timescale may take longer depending on the circumstances of the investigation. Should this be the case, the member of staff will be informed accordingly.

2.16. As required, the Head of Business Development will re-convene the formal grievance hearing with the member of staff to discuss the findings of any investigation and to discuss next steps.

2.17. Where evidence is contested or contradictory, the decision as to what happened will be taken on the balance of probabilities, i.e. whether it is more probable than not that the evidence in question occurred.

2.18. The member of staff will be advised of the decision regarding their grievance in writing. The Head of Business Development will detail their findings, the basis for their decision and any recommendations, where appropriate, to resolve the grievance.

2.19. Where the members of staff’s grievance has not been upheld, they will have the right of appeal.

2.20. The member of staff will need to submit the grounds of their appeal in writing to the person indicated on the outcome letter, normally the Managing Director, within five working days of being notified.

2.21. The Managing Director will arrange an appeal hearing. The member of staff will be informed of the date/time of the appeal hearing in writing.

2.22. The member of staff may be accompanied to the appeal hearing by a trade union representative or a DMR colleague. As per the initial grievance hearing, the member of staff will be responsible for notifying their chosen representative of the arrangements and all parties should make every effort to attend the meeting. The same arrangements will apply regarding requests to reschedule the meeting and the role of the companion during the meeting.

2.23. The Managing Director give due consideration to the grievance matter and will consider any new facts or information which could change the previous decision on the grievance. The possible appeal outcomes are that the appeal is upheld, the appeal is partially upheld or the appeal is not upheld.

2.24. The Managing Director will confirm the outcome within five working days. The member of staff will be advised of the appeal decision outcome in writing. The decision of the Manging Director will be final.

2.25. There is no further right of appeal. Where however all parties agree that there would be some merit in referring the matter to a third party for advice, conciliation or arbitration, arrangements can be made to find a mutually acceptable third party, for example the Advisory, Conciliation and Arbitration Service (ACAS).

2.26. An independent third party or mediator can sometimes help resolve grievance issues before it is necessary to invoke or during the formal procedure. Mediation is a voluntary process where the mediator helps two or more people in dispute to attempt to reach an agreement. Any agreement comes from those in dispute, not from the mediator. The mediator is in charge of the process of seeking to resolve the problem but not the outcome. If mediation is not successful, then the grievance procedure can be re-commenced.

2.27. Where, after an investigation, a grievance is found to be malicious, or where there is a continued pattern of unfounded complaints by the same member of staff, the complainant may be subject to investigation under the DMR Disciplinary Procedure and may be subject to disciplinary action if there is sufficient evidence to support such action.

2.28. Notes of hearings, meetings and interviews will be taken. Records will be confidential and will include the following: – the nature of the grievance, what was decided and actions taken, the reason for the actions taken, whether an appeal was lodged, the outcome of the appeal and any subsequent developments.

2.29. All records and documents will be retained for at least 3 years after the relevant year of the grievance.

3. REVIEW

3.1. This policy and procedure will be reviewed at least annually.

• Implementation date: May 2014.
• Last review date: August 2025.