Grievance Policy Agreed 2024

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Grievance Policy and Procedure
This policy sets out the procedure to ensure that the Town Council deals with
grievances in a fair and consistent way in order to maintain good working
relationships at all levels throughout the Town Council.
Approved by Council 22 April 2024

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1. Introduction

1.1 In any organisation, employees may have problems or concerns and it is in
everyone’s interests to ensure that grievances are dealt with fairly at the
lowest level within the organisation at which the matter can be resolved.
1.2 The Town Council’s grievance procedures aim to ensure fair treatment for all
employees and follow statutory procedures relating to grievance matters.
2. Policy

2.1 Every effort will be made to resolve grievances quickly and at as early a stage
of the procedure as possible. Grievances will be dealt with as quickly as
possible and normally within the time limits specified in this procedure, unless
variations are mutually agreed.
2.2 The purpose of this policy is to maintain good working relationships at all
levels throughout the Town Council and the procedure has been established
to deal with any problem that an employee may have related to his / her
employment.
2.3 At all stages of the grievance process the Town Council will ensure that the
persons carrying out the grievance hearing and the appeal hearing are
different.
2.4 In the majority of cases, problems can be solved informally between the
employee and the Town Clerk and every attempt will be made to do this prior
to starting formal proceedings.
2.5 It is important that an employee should raise any grievance in writing that has
not been resolved informally.
2.6 Where an employee raises a grievance during a disciplinary process the
disciplinary process may be temporarily suspended in order to deal with the
grievance. Where the grievance and disciplinary cases are related it may be
appropriate to deal with both issues concurrently
2.7 This policy may be amended by the Town Council from time to time as
required by law and best practice. Employees will be consulted about and
notified of any changes.
3. Procedure

NB
(i)

for the purpose of this procedure, where the grievance involves the Town
Clerk i.e. the grievance is by an employee about an action of the Town
Clerk or it is the Town Clerk claiming the grievance, the Town Council will
appoint an independent person to undertake any actions usually
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(ii)

undertaken by the Town Clerk, such person to be appointed following
advice from a suitable organisation such as the Association for Local
Councils or South West Councils.
A guidance flow chart outlining the procedure, for use as a quick quide
only, is attached to this policy and procedure document.

Informal Proceedings
1.
In the first instance an employee should raise a grievance with the Town Clerk
or, if the grievance is about an action of the Town Clerk with the Mayor or
Deputy Mayor. This should be within 20 working days of the incident.
2.

A meeting between the Town Clerk and the employee will be arranged
promptly - normally within 5 working days - to discuss the grievance on an
informal basis. The Town Clerk will make a record of the meeting which will
include any actions agreed by the employee and the Town Clerk. The meeting
record is signed by the employee and Town Clerk (or Mayor or Deputy Mayor)
and a copy given to the employee and a copy placed on the employee’s
personnel file

3.

The aim is that the grievance will be settled at this informal stage to prevent
the requirement for formal proceedings to be instigated. If agreed by both
parties a third independent person can attend the meeting.

Formal Proceedings
Where an employee is not satisfied with the results of the informal process the
following formal procedure will be followed.
Grievance submitted in writing
4.
Employees should submit their grievance in writing to the Town Clerk, where
this is not appropriate the written grievance should be made to the Mayor or
Deputy Mayor. This should usually be submitted within 10 working days of the
informal meeting.
5.

The Town Clerk will acknowledge receipt of the grievance in writing (this
includes by email) .

6.

The Town Clerk will inform the Mayor, and the Deputy Mayor of the nature of
the grievance and what arrangements are being put in place

Grievance Meeting
7.
The grievance meeting will be between the employee and the Town Clerk.
8.

An invitation to attend a grievance meeting will be sent to the employee. The
meeting will be arranged at a mutually convenient time and should usually
take place within 10 working days of the written grievance being received. If
there is going to be a delay the employee should be informed of the reason
for the delay and the anticipated timescale for convening the meeting.

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9.

The employee may be accompanied by a work colleague or a Trade Union
representative or other lay-person at the grievance meeting. this person may
act as the employee’s witness, present the employee’s case, sum up and
respond on the employee’s behalf to any view expressed at the hearing but
may not answer questions on the employee’s behalf.

10.

Arrangements may be made for an independent person to take written notes
of the meeting. Tape recordings are not permitted by either party. The
arrangements to appoint the note taker will be made by the meeting Chair
(Town Clerk or independent person appointed by the Town Council).

11.

The person hearing the grievance (i.e. the Town Clerk or appointed
independent person) may be accompanied by an Advisor, whose role is to
give advice on issues of procedure, conditions of employment and
employment legislation. The Advisor is not part of the decision making
process although he or she may be attend during any decision making
discussions to give advice.

12.

The meeting will:
•
clarify the issues of concern;
•
clarify the resolution that the employee would like;
•
explore whether mediation / facilitation may be a way forward.

13.

Unless it is possible to resolve the issue immediately, the meeting will be
adjourned for up to ten working days in order for any investigations e.g.
meetings with witnesses to take place and for the Town Clerk / Independent
Person to formulate proposals as to how the grievance can be resolved.

14.

The meeting will be reconvened at a mutually convenient time in order for the
Town Clerk / Independent Person to report their conclusions about the
grievance and give proposals in respect of resolving the grievance. The
conclusions and proposals will be confirmed in writing within five days of the
reconvened meeting.

Appeal
15.
If an employee wishes to appeal against the outcome of a grievance decision
they should do so in writing to the Mayor within10 days of receiving the written
reasons for the grievance decision.
16.

Appeals will be heard by an Appeal Panel, comprising 3 Councillors who have
not previously been involved in the situation and are appointed specifically by
the full Council. The Town Council may also appoint such Advisors to provide
advice and guidance to the Appeal Panel as it sees fit e.g. HR advice,
specialist subject advice. The Town Council may also appoint independent
members to the Appeal Panel either by increasing the size of the Panel or
replacing the Councillor members; if independent persons are appointed the
Town Council must make it clear what the voting rights of the independent
member are and the reason for the appointment e.g. insufficient Councillors
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available who have not been involved in the case previously. The Appeal
Panel will agree its own Chair.
17.

An Appeal Panel meeting will be arranged as soon as possible and practicable
following the receipt of the written appeal– and usually within 20 working days
– at a date mutually agreed between the Panel, the employee and the initial
decision maker (Town Clerk or Independent Person)

18.

At least 5 working days before the Appeal Panel the any written submissions,
correspondence or any other documents relevant to the grievance must be
provided to each member of the Appeal Panel and the parties involved with
the grievance.

19.

The employee may be accompanied by a work colleague or a Trade Union
representative or other lay-person at the Appeal Panel meeting. This person
may act as the employee’s witness, present the employee’s case, sum up and
respond on the employee’s behalf to any view expressed at the hearing but
may not answer questions on the employee’s behalf.

20.

Arrangements may be made for an independent person to take written notes
of the meeting. The arrangements to appoint the note taker will be made by
the meeting Chair (Town Clerk or independent person appointed by the Town
Council). Tape recordings are not permitted by either party.

21.

The Town Clerk may be accompanied by an Advisor, whose role is to give
advice on issues of procedure, conditions of employment and employment
legislation. The Advisor is not part of the decision making process although he
or she may be in attendance during any decision making discussions to give
advice. The Advisor to the original hearing may also advise the Appeal Panel.

22.

The procedure at the meeting will normally be:
(a) Introduction of everyone present
(b) The Chair will invite the employee (or their representative) to state their case
and answer any questions from the Appeals Committee, or Town Clerk /
representative from the Grievance Hearing
(c) The Chair will invite the Town Clerk / representative from the Grievance,
Hearing to state their case and answer any questions from the Appeal
Committee or the employee (or their representative)
(d) The Chair will summarise and adjourn the meeting.

23.

If the Appeal Panel concludes it is possible to resolve the issue immediately
the meeting will be reconvened and the panel’s decision reported, the
decision will then be confirmed in writing within 5 working days.

24.

If the Appeal Panel concludes that further information / investigation is
required that work will be done and the Appeal Panel reconvened to consider
all the information available and agree the outcome.

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25.

The employee will be notified in writing of the Appeal Panel’s decision. If it is
not possible to respond to the employee within 15 working days of the appeal
meeting the employee should be informed of the reason for the delay and the
anticipated timescale for a response being given.

26.

The decision of the Appeal Panel is final and there is no further right of appeal.

Record keeping
27.
All records regarding the grievance , including the original grievance
notification, notes of meetings, written notices of decisions, proposals for
action, actions taken and any subsequent developments will be kept
confidentially (in a sealed, signed and dated envelope) within the employee’s
personal file.

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Grievance Procedure
(this is for guidance only please refer to policy document for detailed information)
Informal Resolution

Formal Resolution

(Procedure Steps 1 & 2)

(Procedure Points 4 - 14)

Raising A Grievance (Procedure Point 1)
Within 20 working days of the incident / event advise
Town Clerk of the matter
Or
If grievance relates to the action or omission of the Town
Clerk the grievance should be raised with the Mayor or
Deputy Mayor
Or
If the Town Clerk is raising the grievance it should be
raised with the Mayor or Deputy Mayor

Grievance submitted in writing
(Procedure Points 4-6)
Aggrieved person not
satisfied with result of
informal process
Informal Meeting (Procedure Points 2 & 3)
Town Clerk, Mayor or Deputy Mayor, as appropriate,
considers grievance and seeks to resolve it by means
of a meeting within 5 working days of the grievance
being received. A record is made of the meeting
which includes and agreed actions and is signed by
the employee and Town Clerk (or Mayor or Deputy
Mayor) and a copy given to the employee and a copy
placed on the employee’s personnel file

Within 10 working days
of the informal meeting

Grievance submitted to the Town Clerk in Writing
Or
If grievance relates to the action or omission of the
Town Clerk the grievance should be made in writing
to the Mayor or Deputy Mayor
Or
If the Town Clerk is raising the grievance it should be
made in writing to the Mayor or Deputy Mayor

Within 10 working days

Meeting (Procedure Points 7 – 12)
Town Clerk or Mayor or Deputy Mayor as appropriate
arranges a meeting to discuss grievance

If issue can be resolved without
further investigation
Within 5 working days

Appeal (Procedure Points 15-26)
Three Councillors, and / or independent persons appointed by the full Council will
make up the Appeal Panel will hear the appeal, providing that they have had no
previous involvement in the matter, assisted by independent adviser(s), if
appropriate. The Panel will meet as soon as possible and usually within 20
working days following receipt of the written appeal.
At least 5 working days before the Appeal meeting all documents must be
provided to the Panel members and the parties attending.
If the Appeal Panel is able to make a decision without further investigation the
panel meeting will be informed of the decision and it will be confirmed in writing
within 5 working days.
If further investigation is required the Panel will be adjourned for up to 15 working
days to enable the investigation to take place. The Panel will be reconvened to
consider the investigation findings. If it is not possible to reconvene the meeting
within 15 working days e.g. a further period is required for investigation, the
employee will be informed of the reason for the delay and the anticipated timescale
for a response being given.

If further investigation
required
Meeting adjourned for up to
10 working days
Investigation takes
place
Meeting reconvened
Within 5 working
days

Formal written response given to the
grievance
If the employee wishes to appeal they must
do so in writing to the Mayor within 10
working days of the formal response being
issued