Policies and procedures

These Disciplinary & Grievance Policies & Procedures were adopted by the Council at the Annual General Meeting in May 2013.  The Policies were last reviewed and updated on 14th March 2023.

Background & Overview

1. These Disciplinary & Grievance Polices are based on the  ACAS Code of Practice on disciplinary and grievance procedures and the ACAS Disciplinary and grievance procedures.
2. Employers and employees should always seek to resolve disciplinary and grievance issues in the workplace. Where this is not possible, employers and employees should consider using an independent third party to help resolve the problem. The third party need not come from outside the organisation but could be an internal mediator, so long as they are not involved in the disciplinary or grievance issue. In some cases, an external mediator might be appropriate.
3. Many potential disciplinary or grievance issues can be resolved informally. A quiet word is often all that is required to resolve an issue. However, where an issue cannot be resolved informally then it may be pursued formally. The Code and these Policies set out the basic requirements of fairness with the intention to provide the standard of reasonable behaviour in most instances. Employees cannot now use the formal stages of a council’s grievance procedure if the complaint should be dealt with under the council’s Code of Conduct.
4. If the council cannot resolve the matter informally, which can include mediation, the complaint can only be dealt with by the employee submitting their complaint to the principal authority’s Monitoring Officer (SKDC). The council has no power to deal with it. When an employee’s complaint is about a councillor’s conduct, grievance arrangements are restricted to the informal stage. However, the council, like any other employer, has an on-going duty to take reasonable care of its staff, which does not disappear if an employee makes a complaint to the Monitoring officer.
5. The employer’s duty of care requires that it takes all steps which are reasonably possible to ensure employees’ health, safety and wellbeing. The duty is wide-ranging and can arise throughout employment. For example: clearly defining jobs and undertaking risk assessments; ensuring a safe working environment; protection from bullying, harassment and discrimination, from colleagues or third parties; providing adequate training and feedback on performance.
6. An employer can be deemed to have breached the duty of care by failing to do everything that was reasonable in the circumstances to keep employees safe from harm. Employees also have responsibilities for their health and wellbeing at work; although employees must obey their employer’s lawful instructions, they can refuse to undertake work that is not safe, which includes work damaging to their health.

Councillor and council staff roles & responsibilities

7. Difficulties can arise because of misunderstandings by councillors of their roles and responsibilities and those of council staff. It is not councillors who employ council staff, it is the council. A councillor has no inherent authority to instruct staff in their duties. Individual councillors must not involve themselves in the day-to-day running of the council unless they have been delegated the authority to do so by the council.
8. Council functions can generally be delegated to staff either directly from the council. This enables staff to undertake the day-to-day running of the council. If a councillor has a concern about the actions of any member (including the clerk), it should not be raised directly with the staff member. It should be raised with the chair of the council.

Meetings

9. Meetings should be arranged as soon as possible but the employee should be given reasonable time to prepare. Proceedings should be minuted; if possible, the minute taker should be a member of staff.
10. Employees have a statutory right to be accompanied (by a workplace colleague, or by a trade union representative or official) to a grievance, disciplinary or appeal meeting; the ACAS Code of Practice clarifies that an employee’s request to be accompanied must be reasonable. 
11. An employee does not have a statutory right to be accompanied to an investigatory meeting. However, the disciplinary process permits employees to be accompanied. In cases of poor performance, it may not be necessary to have an investigation. More information can be found in the ACAS booklet “Conducting Workplace Investigations”.
12. Disciplinary and grievance arrangements may be established by full council or by a staffing committee. The authority to decide a disciplinary matter, a grievance or an appeal, can be delegated to a sub-committee. This should be confirmed in its terms of reference. Councillors with direct involvement in a disciplinary or grievance matter should not be appointed to a sub-committee or appeal panel.

The disciplinary investigation

13. In cases of misconduct, an investigation of the facts should be carried out as soon as possible. Other than for allegations of minor misconduct, an investigator should be appointed by the council’s staffing committee. The investigator’s role is to submit a report with recommendations to the staffing committee, which decides whether further action should be taken. An investigator must be independent, fair and objective, and should normally be a councillor. If this is not possible (e.g. because all the councillors have direct involvement in the matter), the staffing committee should appoint someone from outside the council. ACAS recommends that anyone appointed as an investigator should, where possible, have had appropriate training; this applies to councillors and outside investigators.

Suspension

14. In certain situations, a council may decide that suspension with pay is necessary while the investigation is carried out. However, suspension will not be appropriate in every case. Suspension with pay should only be used as a last resort. It should be reviewed to ensure it is not continuing unnecessarily. It should also be made clear that the suspension is temporary, not an assumption of guilt and not a disciplinary sanction.
15. Mediation is a confidential dispute resolution process that requires the consent of the council and the employee. It may be appropriate at any stage of the disciplinary or grievance procedure, for example where there have been communication breakdowns or allegations of bullying and harassment. Mediators do not make judgements or determine outcomes. They ask questions that help uncover underlying problems, assist parties to understand the issues and clarify the options for resolving their difference or dispute.

Data Protection

16. Information about disciplinary or grievance matters should be restricted to those involved in the process. Any disciplinary action or grievance outcome should remain confidential. The employee’s disciplinary and grievance records should be held by a council in accordance with the General Data Protection Regulation (GDPR). Personal data may be contained in documents (such as letters, emails, employee statements and GP records) used in a grievance or disciplinary process. The GDPR requires that all personal data is used only for the purpose specified; sensitive personal data (such as GP records) is subject to stricter regulation. An employer’s GDPR obligations should be set out in the privacy policy that it provides to its employees.

Rippingale Parish Council Disciplinary Policy

Introduction

1. This policy is designed to help Council employees improve unsatisfactory conduct and performance in their job.  Wherever possible, the Council will try to resolve its concerns about employees’ behaviour informally, without starting the formal procedure set out below. 
2. The policy will be applied fairly, consistently and in accordance with the Equality Act 2010.
3. This policy confirms:

• Informal coaching and supervision will be considered, where appropriate, to improve conduct and/or attendance.
• the Council will fully investigate the facts of each case
• the Council recognises that misconduct and unsatisfactory work performance are different issues. The policy will also apply to work performance issues to ensure that all alleged instances of employees’ underperformance are dealt with fairly and in a way that is consistent with required standards. However, this policy will only be used to when performance management proves ineffective.
• employees will be informed in writing about the nature of the complaint against them and given the opportunity to state their case
• employees will be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of any disciplinary hearing.
• employees may be accompanied or represented by a companion (trade union representative or a work colleague) at any disciplinary, appeal or investigatory meeting. The companion is permitted to address such meetings, to put the employee's case and confer with the employee. The companion is permitted to address such meetings to put the employee’s case and confer with the employee. The companion cannot answer questions put to the employee, address the meeting against the employee’s wishes or prevent the employee from explaining his/her case
• the Council will give employees reasonable notice of any meetings in this procedure. The employee must make all reasonable efforts to attend. Failure to attend any meeting may result in it going ahead and a decision being taken. An employee who does not attend a meeting will be given the opportunity to be represented and to make written submissions. 
• If the employee’s companion is not available for the proposed date of the meeting, the employee can request a postponement and can propose an alternative date that is within five working days of the original meeting date unless it is unreasonable not to propose a later date.
• any changes to specified time limits in the Council’s procedure must be agreed by the employee and the Council
• information about an employee’s disciplinary matter will be restricted to those involved in the disciplinary process.  A record of the reason for disciplinary action and the action taken by the Council is confidential to the employee.  The employee’s disciplinary records will be held by the Council in accordance with current Data Protection Legislation (GDPR).
• audio or video recordings of the proceedings at any stage of the disciplinary procedure are prohibited, unless agreed as a reasonable adjustment that takes account of an employee’s medical condition
• employees have the right to appeal against any disciplinary action. The appeal decision is final
• if an employee who is already subject to the Council’s disciplinary procedure, raises a grievance, the grievance will normally be heard after the completion of the disciplinary procedure
• disciplinary action taken by the Council can include an oral warning, written warning, final written warning or dismissal
• this procedure may be implemented at any stage if the employee’s alleged misconduct warrants this.
• except for gross misconduct when an employee may be dismissed without notice, the Council will not dismiss an employee on the first occasion that it decides there has been misconduct
• if an employee is suspended following allegations of misconduct, it will be on full pay and only for such time as is necessary.  Suspension is not a disciplinary sanction. The Council will write to the employee to confirm any period of suspension and the reasons for it. 
• the Council may consider mediation at any stage of the disciplinary procedure where appropriate (for example where there have been communication breakdowns or allegations of bullying or harassment).  Mediation is a dispute resolution process that requires the consent of affected parties.

Examples of misconduct

4. Misconduct is employee behaviour that can lead to the employer taking disciplinary action.  The following list contains some examples of misconduct. The list is not exhaustive.

• unauthorised absence
• poor timekeeping
• misuse of the Council’s resources and facilities including telephone, email and internet
• inappropriate behaviour
• refusal to follow reasonable instructions
• breach of health and safety rules.

Examples of gross misconduct

5. Gross misconduct is misconduct that is so serious that it is likely to lead to dismissal without notice.  The following list contains some examples of gross misconduct. The list is not exhaustive.

• bullying, discrimination and harassment
• incapacity at work because of alcohol or drugs
• violent behaviour
• fraud or theft
• gross negligence
• gross insubordination
• serious breaches of Council policies and procedures e.g. Health & Safety Policy, Equality & Diversity Policy, Data Protection and any policies regarding the use of information technology.
• serious and deliberate damage to property
• use of the internet or email to access pornographic, obscene or offensive material
• disclosure of confidential information. 

Suspension

6. If allegations of gross or serious misconduct are made, the Council may suspend the employee while further investigations are carried out. Suspension will be on full pay. Suspension does not imply any determination of guilt or innocence as it is merely a measure to enable further investigation.
7. While on suspension, the employee is required to be available during normal hours of work in the event that the Council needs to make contact. The employee must not contact or attempt to contact or influence anyone connected with the investigation in any way, or to discuss this matter with any other employee or councillor.
8. The employee must not attend work. The Council will make arrangements for the employee to access any information or documents required to respond to any allegations.

Examples of unsatisfactory work performance

9. The following list contains some examples of unsatisfactory work performance. The list is not exhaustive.

• inadequate application of office procedures
• inadequate IT skills
• unsatisfactory management of staff
• unsatisfactory communication skills.

The Procedure

10. Preliminary enquiries. The Council may make preliminary enquiries to establish facts of what has happened in order to understand whether there may be a case to answer under the disciplinary procedure.

If the employee’s manager believes there may be a disciplinary case to answer, the Council may initiate a more detailed investigation to establish the facts of a situation or to establish the perspective of others who may have witnessed misconduct.

11. Informal Procedures. Where minor concerns about conduct become apparent, it is the manager’s responsibility to raise this with the employee and clarify the improvements required. A file note will be made and kept by the manager. The informal discussions are not part of the formal disciplinary procedure. If the conduct fails to improve, or if further matters of conduct become apparent, the manager may decide to formalise the discussions and invite the employee to a first stage hearing.

Disciplinary Investigation

12. A formal disciplinary investigation may sometimes be required to establish the facts and whether there is a disciplinary case to answer.
13. If a formal disciplinary investigation is required, the Council or staffing committee will appoint an Investigator who will be responsible for undertaking the disciplinary investigation. The Investigator will be independent and will normally be a councillor. If there are no independent councillors (for example, because they all have direct involvement in the allegations), someone will be appointed from outside the Council. The Investigator will be appointed as soon as possible after the allegations have been made. The Council or staffing committee will inform the investigator of the terms of reference of the investigation, which should specify:
    • The allegations or events that the investigation is required to examine whether a recommendation is required.
    • Whether a recommendation is required
    • how the findings should be presented. e.g. a written report.
    • who the findings should be reported to and who to contact for further direction if unexpected issues arise or advice is needed
14. The Investigator will be asked to submit their findings within 20 working days of appointment where possible. In cases of alleged unsatisfactory performance or minor misconduct, the appointment of an investigator may not be necessary and the Council may decide to commence disciplinary proceedings at the next stage (see Para 22).
15. The Council or staffing committee will notify the employee in writing of the alleged misconduct and details of the person undertaking the investigation. The employee may be asked to attend a meeting with the Investigator as part of the investigation. The employee will be given sufficient notice of the meeting so that he/she has reasonable time to prepare for it. The letter will explain the investigatory process and that the meeting is part of that process. The employee will be provided with a copy of the Council’s disciplinary procedure. The Council will also inform the employee that when he/she meets with the Investigator, he/she will have the opportunity to comment on the allegations of misconduct.
16. Employees may be accompanied or represented by a trade union representative or a work colleague at any investigatory meeting.
17. If there are other persons (eg employees, councillors, members of the public or the Council’s contractors) who can provide relevant information, the Investigator should try to obtain it from them in advance of the meeting with the employee. 
18. The Investigator has no authority to take disciplinary action. His/her role is to establish the facts of the case as quickly as possible and prepare a report that recommends to the Council or staffing committee whether or not disciplinary action should be considered under the policy.   
19. The Investigator’s report will contain his/her recommendations and the findings on which they were based.  He/she will recommend either:
    • the employee has no case to answer and there should no further action under the Council’s disciplinary procedure
    • the matter is not serious enough to justify further use of the disciplinary procedure and can be dealt with informally or
    • the employee has a case to answer and there should be action under the Council’s disciplinary procedure.
20. The Investigator will submit the report to the Council or staffing committee which will decide whether further action will be taken. 
21. If the Council decides that it will not take disciplinary action, it may consider whether mediation would be appropriate in the circumstances.

The Disciplinary Meeting

22. If the Council or staffing committee decides that there is a case to answer, it will appoint a staffing sub-committee of three councillors to formally hear the allegations. The staffing sub-committee will appoint a Chairman from one of its members. The Investigator shall not sit on the sub-committee.
23. No councillor with direct involvement in the matter shall be appointed to the sub-committee. The employee will be invited, in writing, to attend a disciplinary meeting. The sub–committee’s letter will confirm the following:

• the names of its Chairman and other two members
• details of the alleged misconduct, its possible consequences and the employee’s statutory right to be accompanied at the meeting
• a copy of the information provided to the sub-committee, which may include the investigation report,  supporting evidence and a copy of the Council’s disciplinary procedure
• the time and place for the meeting.  The employee will be given reasonable notice of the hearing so that he /she has sufficient time to prepare for it
• that witnesses may attend on the employee’s and the Council’s behalf and that both parties should inform each other of their witnesses’ names at least two working days before the meeting
• that the employee may be accompanied by a companion, either a trade union representative or official, or a work colleague

The purpose of the disciplinary meeting is for the allegations to be put to the employee and then for the employee to give their perspective. It will be conducted as follows:

• the Chairman will introduce the members of the sub-committee to the employee and explain the arrangements for the hearing
• the Chairman will set out the council’s case and invite the investigator to present the findings of the investigation report (if there has been a previous investigation)
• The Chairman will invite the employee to present their account
• the employee (or the companion) will set out his/her case and present evidence (including any witnesses and/or witness statements)
• any member of the sub-committee and the employee (or the companion) may question the Investigator and any witness
• the employee (or the companion) will have the opportunity to sum up his/her case

24. The Chairman will provide the employee with the sub-committee’s decision with reasons, in writing, within five working days of the meeting. The Chairman will also notify the employee of the right to appeal the decision.
25. The disciplinary meeting may be adjourned to allow matters that were raised during the meeting to be investigated by the sub-committee. 

Disciplinary Action

26. If the sub-committee decides that there should be disciplinary action, it may be any of the following:

First Written warning

If the employee’s conduct has fallen beneath acceptable standards, a first written warning will be issued.  A first written warning will set out:

• the reason for the written warning, the improvement required (if appropriate) and the time period for improvement
• that further misconduct/failure to improve will result in more serious disciplinary action
• the employee’s right of appeal
• that a note confirming the written warning will be placed on the employee’s personnel file, that a copy will be provided to the employee and that the warning will remain in force for a specified time (e.g. 12 months).

Final written warning

If the offence is sufficiently serious, or if there is further misconduct or a failure to improve significantly during the currency of a prior warning, the employee will be given a final written warning.  A final written warning will set out:

• the reason for the final written warning, the improvement required (if appropriate) and the time period for improvement
• that further misconduct/failure to improve will result in more serious disciplinary action up to and including dismissal
• the employee’s right of appeal
• that a note confirming the final written warning will be placed on the employee’s personnel file, that a copy will be provided to the employee and that the warning will remain in force for specified time (e.g. 12 months)..

Dismissal

The council may dismiss:

• for gross misconduct
• if there is no improvement within the specified time period in the conduct which has been the subject of a final written warning
• if another instance of misconduct has occurred and a final written warning has already been issued and remains in force.

27. The council will consider very carefully a decision to dismiss.  If an employee is dismissed, he/she will receive a written statement of the reasons for his/her dismissal, the date on which the employment will end and details of his/her right of appeal.  If the sub-committee decides to take no disciplinary action, no record of the matter will be retained on the employee’s personnel file.  Action taken as a result of the disciplinary meeting will remain in force unless and until it is modified as a result of an appeal.

The Appeal

28. An employee who is the subject of disciplinary action will be notified of the right of appeal.  His/her written notice of appeal must be received by the Council within five working days of the employee receiving written notice of the disciplinary action and must specify the grounds for appeal.
29. The grounds for appeal include;
    • a failure by the Council to follow its disciplinary policy
    • the sub-committee’s decision was not supported by the evidence
    • the disciplinary action was too severe in the circumstances of the case
    • new evidence has come to light since the disciplinary meeting.
30. Where possible, the Appeal will be heard by a panel of three members of the staff committee who have not previously been involved in the case. This includes the Investigator. There may be insufficient members of the staffing committee who have not previously been involved. If so, the appeal panel will be a committee of three members of the council who may include members of the staff committee. The appeal panel will appoint a Chairman from one of its members.
31. The employee will be notified, in writing, within 10 working days of receipt of the notice of appeal of the time, date and place of the appeal meeting. The employee will be advised that he/she may be accompanied by a companion, (a trade union representative or official, or a work colleague).
32. At the appeal meeting, the Chairman will:
    • introduce the panel members to the employee
    • explain the purpose of the meeting, which is to hear the employee’s reasons for appealing against the disciplinary
    • explain the action that the appeal panel may take. 
33. The employee (or his companion) will be asked to explain the grounds for appeal. 
34. The Chairman will inform the employee that he/she will receive the decision and the panel’s reasons, in writing, usually within five working days of the appeal hearing. 
35. The appeal panel may decide to uphold the decision of the staffing committee, substitute a less serious sanction or decide that no disciplinary action is necessary.  If it decides to take no disciplinary action, no record of the matter will be retained on the employee’s personnel file.  
36. If an appeal against dismissal is upheld, the employee will be paid in full for the period from the date of dismissal and continuity of service will be preserved.
37. The appeal panel’s decision is final. 

Rippingale Parish Council Grievance Policy

Introduction

1. This policy aims to encourage and maintain good relationships between the Council and its employees by treating grievances seriously and resolving them as quickly as possible. It sets out the arrangements for employees to raise their concerns, problems or complaints about their employment with the Council. The policy will be applied fairly, consistently and in accordance with the Equality Act 2010. 
2. Many problems can be raised and settled during the course of everyday working relationships.  Employees should aim to settle most grievances informally with their line manager. 
3. This policy confirms:

• employees have the right to be accompanied or represented at a grievance meeting or appeal by a companion, who can be a trade union representative or official, or a work colleague. This includes any meeting held with them to hear about, gather facts about, discuss, consider or resolve their grievance. The companion will be permitted to address the grievance/appeal meetings, to present the employee's case for his /her grievance/appeal and to confer with the employee. The companion cannot answer questions put to the employee, address the meeting against the employee’s wishes or prevent the employee from explaining his/her case
• the Council will give employees reasonable notice of the date of the grievance/appeal meetings. Employees and their companions must make all reasonable efforts to attend.  If the companion is not available for the proposed date of the meeting, the employee can request a postponement and can propose an alternative date that is within five working days of the original meeting date unless it is unreasonable not to propose a later date.
• any changes to specified time limits must be agreed by the employee and the Council
• an employee has the right to appeal against the decision about his/her grievance.  The appeal decision is final
• information about an employee’s grievance will be restricted to those involved in the grievance process. A record of the reason for the grievance, its outcome and action taken is confidential to the employee. The employee’s grievance records will be held by the Council in accordance with GDPR.
• audio or video recordings of the proceedings at any stage of the grievance procedure are prohibited, unless agreed by all affected parties as a reasonable adjustment that takes account of an employee’s medical condition
• if an employee who is already subject to a disciplinary process raises a grievance, the grievance will normally be heard after completion of the disciplinary procedure
• if a grievance is not upheld, no disciplinary action will be taken against an employee if he/she raised the grievance in good faith
• the Council may consider mediation at any stage of the grievance procedure where appropriate, (for example where there have been communication breakdowns or allegations of bullying or harassment).  Mediation is a dispute resolution process which requires the consent of affected parties. 
• Employees can use all stages of the grievance procedure if the complaint is not a code of conduct complaint about a councillor. Employees can use the informal stage (Para 4) to deal with all grievance issues, including a complaint about a councillor. Employees cannot use the formal stages (Para 5) for a code of conduct complaint about a councillor. If the complaint about the councilor is not resolved at the informal stage, the employee can contact the SKDC Monitoring Officer who will inform the employee whether or not the complaint can be dealt with under the code of conduct, if it does not concern the code of conduct, the employee can make a formal complaint under the Council’s grievance procedure.
• If the grievance is a code of conduct complaint against a councillor, the employee cannot proceed with it beyond the informal stage of the Council’s grievance procedure. However, whatever the complaint, the Council has a duty of care to its employees. It must take all reasonable steps to ensure employees have a safe working environment (e.g., undertaking risk assessments, by ensuring staff and councilors are properly trained and by protecting staff from bullying, harassment and all forms of discrimination).
• If the employee considers that the grievance concerns his or her safety within the working environment, whether or not it also concerns a complaint against a councillor, the employee should raise these safety concerns with his/her line manager at the informal stage of the grievance procedure. The Council will consider whether it should take further action in this matter in accordance with any of its employment policies (e.g., Health & Safety or Equality & Diversity policy) and in accordance with the code of conduct regime.

Informal Grievance Procedure

4. The Council and its employees benefit if grievances are resolved informally and as quickly as possible. As soon as a problem arises, the employee should raise it with his/her manager to see if an informal solution is possible. Both should try to resolve the matter at this stage. If the employee does not want to discuss the grievance with his/her manager (for example, because it concerns the manager), the employee should contact the Chairman of the Council or staffing committee or, if appropriate, another member. If the employee’s complaint is about a councillor, it may be appropriate to involve that councillor at the informal stage. This will require both the employee’s and councillor’s consent.

Formal Grievance Procedure

5. If it is not possible to resolve the grievance informally, and the employee’s complaint is not one that should be dealt with as a code of conduct complaint, the employee may submit a formal grievance. It should be submitted in writing to the Chairman of the Council or staffing committee.
6. The staffing committee will appoint a sub-committee of three members to investigate the grievance.  The sub-committee will appoint a Chairman from one of its members. No councillor with direct involvement in the matter shall be appointed to the sub-committee.   

Investigation

7. The sub-committee decides that it is appropriate (e.g. if the grievance is complex), it may appoint an investigator to carry out an investigation before the grievance meeting to establish the facts of the case. The investigation may include interviews (e.g. the employee submitting the grievance, other employees, councillors or members of the public).

Notification

8. Within 10 working days of the Council receiving the employee’s grievance (this may be longer if there is an investigation), the employee will normally be asked, in writing, to attend a grievance meeting. The written notification will include the following:

• the names of its Chairman and other members
• the date, time and place for the meeting. The employee will be given reasonable notice of the meeting which will be within 25 working days of when the council received the grievance
• the employee’s right to be accompanied by a trade union representative or official, or a work colleague
• a copy of the Council’s grievance policy
• confirmation that, if necessary, witnesses may attend (or submit witness statements) on the employee’s behalf and that the employee should provide the names of his/her witnesses as soon as possible before the meeting
• confirmation that the employee will provide the Council with any supporting evidence, usually with at least two days’ notice.
• Findings of the investigation if there has been one
• An invitation for the employee to request any adjustments to be made for the hearing (e.g. where a person has a health condition).

The Grievance Meeting

9. At the grievance meeting:
   • the Chairman will introduce the members of the sub-committee to the employee
   • the employee (or companion) will set out the grievance and present the evidence.
   • The Chairman will ask the employee questions about the information presented and will want to understand what action he/she wants the council to take
   • any member of the sub-committee and the employee (or the companion) may question any witness
   • the employee (or companion) will have the opportunity to sum up the case
   • a grievance meeting may be adjourned to allow matters that were raised during the meeting to be investigated by the sub-committee.
10. The Chairman will provide the employee with the sub-committee’s decision, in writing, usually within five working days of the meeting. The letter will notify the employee of the action, if any, that the council will take and of the employee’s right to appeal

The Appeal

11. If an employee decides that his/her grievance has not been satisfactorily resolved by the sub-committee, he/she may submit a written appeal to the staffing committee.  An appeal must be received by the Council within five working days of the employee receiving the sub-committee’s decision and must specify the grounds of appeal. 
12. Appeals may be raised on a number of grounds, for example:
    • a failure by the Council to follow its grievance policy
    • the decision was not supported by the evidence
    • the action proposed by the sub-committee was inadequate/inappropriate
    • new evidence has come to light since the grievance meeting.
13. The Appeal will be heard by a panel of three members of the staffing committee who have not previously been involved in the case. There may be insufficient members of the staffing committee who have not previously been involved. If so, the appeal panel will be a committee of three Council members who may include members of the staff committee. The appeal panel will appoint a Chairman from one of its members.
14. The employee will be notified, in writing, usually within 10 working days of receipt of the appeal of the time, date and place of the appeal meeting. The meeting will normally take place within 25 working days of the Council’s receipt of the appeal. The employee will be advised that he/she may be accompanied by a trade union representative or official, or a work colleague.
15. At the appeal meeting, the Chairman will:
    • introduce the panel members to the employee
    • explain the purpose of the meeting, which is to hear the employee’s reasons for appealing against the decision of the staffing sub-committee
    • explain the action that the appeal panel may take. 
16. The employee (or companion) will be asked to explain the grounds of his/her appeal. 
17. The Chairman will inform the employee that he/she will receive the decision and the panel’s reasons, in writing, within five working days of the appeal meeting. 
18. The appeal panel may decide to uphold the decision of the staffing committee or substitute its own decision. 
19. The decision of the appeal panel is final. 

The pdf versions for all Council policy and procedure documents can be found here.