6.

PROCEDURE FOR GRIEVANCE COMPLAINTS

 

6.1

Preamble

 

(i) The Grievance Procedure is for dealing with complaints relating to

  • conditions of service
  • educational matters within the school
  • any matters not covered by the harassment, bullying and discrimination procedures

 

(ii) All proceedings shall be confidential. When the Discipline Grievance and Dismissal Committee’s decision is made the operative decision only shall be minuted and individuals should not be identifiable from the minutes.

 

(iii) The decision and the reasons for it should be communicated in writing to the individual.

 

6.2

Informal

 

(i) Where a grievance complaint could be resolved informally through discussion, complainants are encouraged in the first instance to raise it directly with their supervisor/line manager at the earliest stage. The complaint may be made in writing.

 

If the complainant feels that this is inappropriate s/he should contact his/her trade union representative to discuss alternative approaches.

 

For educational matters the trade union representative may also raise the issue with Education Bradford.

 

(ii) If the grievance is against the complainant’s immediate supervisor/line manager and the complainant considers that it is inappropriate to raise the complaint directly with him/her the complainant should bring the grievance to the attention of the headteacher. The complaint may be in writing.

 

6.3

Formal Procedure

 

The following paragraphs set out the formal procedure to be adopted where the matter has not been resolved by informal means.

 

See Appendix 1, for flowchart of Formal Procedures for Employee Grievances (except headteacher grievances or grievances against the headteacher)

 

See Appendix 2, for flowchart of Formal Procedures for Headteacher Grievances and Grievances against Headteachers

 

(i) The timing and location of meetings must be reasonable and agreed by all parties wherever possible.

 

(ii) Details of the grievance are put in writing to the Headteacher or the Clerk to Governors (as appropriate) who will forward immediately to the person whom the grievance is against.

 

(iii) Within 3 working days of receipt of the complaint letter the Headteacher or Clerk to Governors (as appropriate) will acknowledge receipt.

 

(iv) Within 10 working days of receipt of the complaint letter:

 

      • the Headteacher or Clerk to Governors (as appropriate) will arrange for a grievance complaint hearing to take place normally within 20 working days of the date of the complaint letter and will inform all parties in writing of the date.

 

      • The complainant must have provided all supporting evidence, including details of any witnesses, to the Headteacher or the Clerk to Governors (as appropriate) who will forward the evidence to the person whom the complaint is against. If the hearing is a governors hearing the Clerk to Governors will forward to the Committee members.

 

(v) Within 5 working days of receipt of the supporting evidence the person whom the complaint is against must have provided their response, including details of any witnesses and all supporting evidence to the Headteacher or Clerk to Governors (as appropriate).The headteacher or Clerk to Governors (as appropriate) will forward to the complainant and if the hearing is a governors hearing the Clerk to Governors will forward to the Committee members.

 

(vi) The date of the hearing will also allow a minimum of 3 working days after receipt by the complainant of the documents detailed in (v) above.

 

No further evidence will normally be accepted.

 

 

N.B The times stated may be varied by agreement with all parties

 

Please Note

 

Cases under the Grievance Procedure involving a matter of principle may be taken up under the Collective Disputes Procedure (see Section 8) by the Trade Union Association.

 

6.4

Grievances of employees (except Headteachers).

 

(i) First Stage

 

  • The employee should at this stage seek the assistance of his/her Trade Union Representative/work colleague in presenting the case.

 

  • In cases not involving the Headteacher, in the first instance the employee may take up the grievance with the Headteacher.

 

  • The Headteacher will provide a full opportunity for the employee (and their Trade Union/ Work Colleague representative) to present the case, and make a decision as soon as possible. An HR Adviser will be present to advise. Where the Headteacher needs time to consider, the reason for the delay should be explained to the employee and a reply be made within 7 working days wherever possible. If no decision can be reached at that time, the Headteacher must discuss the delay with the employee. If not satisfied the employee may proceed to the second stage.

 

  • The Headteacher will give the decision in writing (or verbally and in writing). Should the grievance not be upheld or upheld only in part the letter should explain to the employee the right of appeal, and how to exercise that right.

 

 

(ii) Second Stage

 

  • If the employee continues to feel aggrieved s/he may appeal in writing to the Appeals Committee of the Governing Body by writing to the Clerk of Governors within 20 working days of the decision being given.

 

  • The employee has the right to present the case in full by letter, or at a formal hearing. At a formal hearing s/he may be represented by up to 2 Trade Union Representatives or Work Colleagues.

An HR Adviser will be present to advise the governors.

 

  • The Appeals Committee should, having heard the evidence, decide the case as soon as possible. Where the Committee needs time to consider the decision, the Chair should explain the reason for the delay and undertake to reply within 7 working days wherever possible.

The Chair will give the decision in writing or verbally and in writing.

The decision of the Appeals Committee is the final level of appeal.

6.5

Headteachers’ Grievances and Grievances Against Headteachers

 

  • A Headteacher cannot take out a grievance against a member of staff.

 

  • Headteachers may take out a grievance against the governing body (or a formally constituted committee of the governing body) but not against an individual governor, unless, he/she is exercising a delegated power or function or one conferred by law.

 

  • Any grievance must relate to a decision or omission of the governing body, committee or individual concerned.

 

 

(i)First Stage

 

  • An aggrieved Headteacher or another employee with a grievance against the Head must lodge the grievance in writing to the Clerk of Governors.

 

  • The Headteacher or another employee has the right to present the case in full by letter or at a formal hearing; at a formal hearing s/he may be represented by up to 2 Trade Union Representatives or Work Colleagues.

 

An HR Adviser will be present to advise the governors.

 

  • The Discipline Grievance and Dismissal Committee should, having heard the evidence, decide the case as soon as possible. Where the Committee needs time to consider the decision, the Chair should explain the reason for the delay and undertake to reply within 7 working days wherever possible. The Chair will give the decision in writing, or verbally and in writing. Should the grievance not be upheld or upheld only in part the letter should explain to the employee the right of appeal, and how to exercise that right.

 

(ii) Second Stage

 

  • If the Headteacher or another employee continues to feel aggrieved s/he may appeal in writing to the Appeals Committee of the Governing Body by writing to the Clerk of Governors within 20 working days of the decision being given.

 

  • The Headteacher or another employee has the right to present the case in full by letter, or at a formal hearing; at a formal hearing s/he may be represented by up to 2 Trade Union Representatives or Work Colleagues.

An HR Adviser will be present to advise the governors.

 

  • The Appeals Committee should, having heard the evidence, decide the case as soon as possible. Where the Committee needs time to consider the decision the Chair should explain the reason for the delay and undertake to reply within 7 working days wherever possible. The Chair will give the decision in writing or verbally and in writing.

The decision of the Appeals Committee is the final level of appeal.