Grievance - arrangements made for the formal meeting

21. Arrangements made for the Formal Meeting

The Formal Meeting must be held within 15 days of the formal complaint being raised. In circumstances where it is not reasonably practicable to adhere to the timescales set, it may be extended. However, extensions to timescales must be reasonably agreed by both parties and confirmed in writing stating the reasons for the extension and of the expected new timescales. 

It is the responsibility of the manager conducting the Formal Meeting to make arrangements for the Formal Meeting to take place, notifying all parties and taking into account any special requirements requested e.g. access.

A minimum of 5 days in advance of the meeting, the manager should notify the Employee, in writing, of the date, time and venue for the Formal Meeting, including any paperwork relevant to their complaint.  The employee should be sent 2 copies (unless agreed otherwise) so that they can provide a copy to their trade union representative or work colleague if they wish.

If the employee is not currently at work e.g. as a result of sickness or annual leave, any letters/paperwork should be sent to the employee’s home address.

The manager conducting the Formal Meeting should ensure that sufficient notes are taken of the meeting. 

21.1. Representation

The employee must be informed, in writing, that they may be represented at the Formal Meeting by their Trade Union representative or a work colleague.  The trade union representative/work colleague can present their case but cannot answer questions for them.

If the employee chooses not to be accompanied by a work colleague or trade union representative, this needs to be recorded along with the employee’s agreement for the Formal Meeting to go ahead.

It is the employee’s responsibility to inform their trade union representative/work colleague on the details of the meeting.


21.2. Format of the Formal Meeting

  • Manager conducting the meeting makes the introductions (names/roles in the process).
  • Manager conducting the meeting advises the employee of their right to be accompanied.  If the complainant chooses not to be accompanied by a trade union representative or work colleague, this should be recorded and that the complainant agrees for the Formal Meeting to go ahead.
  • Manager conducting the meeting asks all present to confirm receipt of any documentation sent out relevant to the complaint.
  • Manager conducting the meeting hears the complainant’s case presentation by them and/or their trade union representative or work colleague.  This should include the details of the complaint, the outcome(s) sought and any response to the written response received from the person complained about.
  • Manager conducting the meeting asks questions to clarify any points.
  • Manager conducting the meeting adjourns the Formal Meeting to consider the complaint presented to decide:
  1. whether sufficient information has been provided
  2. on an appropriate course of action to resolve the complaint and/or consider whether mediation would be appropriate

The manager conducting the meeting reconvenes the Formal Meeting to either

  1. discuss with the complainant the outcome of the Formal Meeting in relation to their complaint, or
  2. inform the employee that they are unable to determine an outcome due to insufficient information being available and further investigation is required.

21.3. Decision
  
The manager adjourns Grievance Meeting to consider the complaint presented to decide:

  1. whether sufficient information has been provided to enable them to make a decision or whether an investigation is required;
  2. on an appropriate course of action to resolve the complaint and/or consider whether mediation would be appropriate.

The manager conducting the meeting reconvenes the Formal Meeting to either

  1. discuss with the employee the outcome of the Formal Meeting in relation to their complaint or
  2. inform the employee that they are unable to determine an outcome due to insufficient information being available and further investigation is required.


21.3.1. Insufficient Information available

If the manager decides that insufficient information has been provided in order to determine an outcome they may carry out an investigation themselves or commission an Investigating Officer to carry out the investigation.

21.3.2. Further Investigation Required

If further information is required, the manager conducting the meeting should confirm to the employee, in writing, of the time-scale for the meeting to be reconvened.  The manager should keep the employee informed of progress prior to the reconvened meeting. Every effort must be made to carry out the investigation within 15 days of the adjourned Formal Meeting.

Managers will also seek agreement from employees and trade unions whether additional time is necessary to complete the investigation. Managers must aim to ensure timescales are adhered to. If extra time is required the manager should keep the employee and their trade union representative informed.

The employee should be given a minimum of 5 days notice of the reconvened Formal Meeting where the manager will discuss with the employee the outcome of the Formal Meeting in relation to their complaint.

21.3.3. Issues for consideration at deliberations stage

In deciding on what action, if any, to be taken, the manager conducting the meeting should be satisfied that:

(i) there were no procedural irregularities which may have prejudiced the outcome;
(ii) only relevant evidence, facts or factors were taken into account and relied upon in determining the outcome;
(iii) no irrelevant evidence, facts or factors were taken into account or relied upon in determining the outcome;
(iv) the complaint(s) raised was adequately investigated or sufficiently substantiated;
(v) all the evidence, facts, mitigating circumstances presented were taken into account;
(vi) the employee’s commitment to move forward has been heard.

The manager should consider whether the outcome being considered is appropriate bearing in mind the complaint raised, the impact of the proposed solution on employees, possible implications across the Council and impact on relevant managers (i.e. managers of other employees involved in the case).

In determining the outcome of any complaint, managers should be aware that their decisions should be transparent and that, if challenged, they should be able to provide a sound rationale/explanation for their decision.

21.4. Notifying other parties

Following the conclusion of each meeting / hearing, the manager conducting the meeting/hearing should meet with the employee complained about to advise them of the outcome of the complaint.  The meeting should provide sufficient details of the key findings of the investigation that relate directly to them as well as sufficient details of the final outcome and any recommendations from the Formal Meeting/Appeal Hearing that relate directly to them.  The outcome of meeting should be confirmed in writing.

21.5. Unwillingness to engage in improving relationships

If, following the conclusion of the complaint (i.e. through mediation, etc), the employee complained about is not willing to cooperate with attempts to build better working relationships, the manager should remind them of their responsibilities under the Code of Conduct.  Failure to follow the Code of Conduct in relation to establishing and maintaining good relationships with colleagues could be considered a breach of the Code of Conduct and as such could result in disciplinary action.