Grievance - Procedural matters

3.1. Time Limits

Employees or managers must meet procedural timescales. Extensions or variations of timescales must be agreed by both parties and should not be unreasonably withheld.

Complaints will normally be dealt with as quickly as possible and within the time limits specified within the procedure.  However, there may be exceptional circumstances where it is not possible to comply with the timescales.  In this situation, there will be reasonable agreement, by all parties, to extend the timescales.  The manager involved must write to the employee before the deadline, stating the reasons for the delay and informing the employee of the expected new timescales.

Shorter timescales to those referred to in the procedure may be followed if by mutual agreement.

Managers and employees must make all reasonable attempts to attend meetings as required under the procedure within the specified timescales.

Any reference to days within the procedure is working days, Monday - Friday.

3.2. Keeping Records

It is important that management keep written records of the formal process of dealing with a complaint including any investigation reports and evidence, appeal papers, the outcome of the appeal and any subsequent developments.

On completion of the case, managers should ensure they forward any relevant paperwork in connection with the complaint/appeal to HR to be filed in the employee’s file.

Records should be treated as confidential and kept in accordance with the Data Protection Act 1998, which gives individuals the right to request and have access to certain personal data.

Under the Data Protection Act 1998, employees have the right to gain access to information that is kept about them including grievance records.  Unless there is a legal obligation to do so, the Council need only disclose information about an employee where it concludes that in all the circumstances, it is fair to do so.  This duty of fairness is owed primarily to the employee.

In the case of confidential information provided by witnesses to any Investigating Officer, the Council will only disclose confidential information if the individual has clearly agreed or despite the duty of confidence, the employee’s interest or the wider public interest justifies disclosure.

Notes should be taken at interviews held as part of an investigation/Formal Meeting and Appeal Hearings (please note that HR does not provide administrative or secretarial support to managers).