Grievance Procedure

WILTSHIRE POLICE
FORCE PROCEDURE
Grievance Procedure
(Applicable to all staff, officers &
members of the Special Constabulary)
Author
Lily Khandker
Department
Date of Publication
Review Date
Technical Author
Human Resources
April 2011
April 2014
Sharon Williams
CONTENTS
CONTENTS ................................................................................................................................ 2
INTRODUCTION ................................................................................................................ 3
GENERAL PRINCIPLES ..................................................................................................... 4
OUTLINE OF THE GRIEVANCE PROCEDURE ................................................................. 6
THE FORMAL GRIEVANCE PROCEDURE IN PRACTICE ................................................ 7
INDEX ...................................................................................................................................... 12
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GRIEVANCE PROCEDURE
INTRODUCTION
The Grievance Procedure exists to provide a framework within which a member of staff can
raise concerns that will be addressed in a timely and structured manner. The majority of issues
can be resolved informally via normal supervisory practice. This Procedure exists to deal with
matters where such attempts at resolution have failed or where an individual feels their issue is
so serious that it should be considered formally from the outset.
The formal Grievance Procedure comprises three separate and distinct stages:
Stage One Stage Two Stage Three -
Investigation and resolution meeting(s)
Review and resolution meeting(s)
Appeal to Senior Management / Chief Officer level
Even where the formal Procedure has been instigated, it should always be the aim to resolve a
grievance in the shortest time and at the earliest possible stage.
Glossary of Terms
Term
Grievance
Resolution
Mediation
Meaning
A ‘complaint’ raised formally by an individual about alleged treatment
they have experienced in their work environment
An outcome that provides the aggrieved individual with satisfaction
that their concern has been given due consideration and where
possible & appropriate, that action has been taken to address their
issue.
A structured process of exchange of views that provides a basis for
resolution of an issue. Facilitated by a third party, entered into with
agreement of both parties and with a commitment to obtain a
mutually agreeable outcome.
The Role of Mediation
Mediation as defined above, can play a significant and helpful role in achieving resolution of
grievances. It can vary from the informal facilitation of a Line Manager to find common ground
between two colleagues over a low level dispute, through to a more structured process, where
both parties agree to be bound by the outcomes.
All parties are encouraged to use the mediation approach when seeking a resolution and
separate Guidance Notes have been prepared to assist. Line Managers in particular are urged
to facilitate this approach, so that individuals proceed in an environment where mutually agreed
resolutions become the expectation.
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GENERAL PRINCIPLES
1. Principles underlying the Procedure

This Procedure is compliant with the ACAS Code of Practice on Discipline and
Grievance and aims to mirror best practice approaches wherever possible.

By raising a formal grievance, it is expected that the individual is agreeing to the terms of
this Procedure and is entering into the process with a commitment to seek a resolution.
All parties who are involved are expected to show commitment to seeking an amicable
resolution at the earliest stage.

The aggrieved has the right to be accompanied by their relevant staff association
representative or a colleague at all stages of the procedure.

Grievances will normally be treated as confidential. Confidentiality should be discussed
and agreed at the outset, recognising that serious misconduct or criminal matters will
have to be acted upon. The aggrieved also has a responsibility for confidentiality in
respect of who they speak with about the issues concerned. Disclosure of the facts to
others will be negotiated and agreed.

Grievances should normally be made to the first line manager in the first instance.
Where this is not appropriate, the grievance may be referred to another party such as
the individual’s second line manager or the HR Department, who will assign an
alternative manager to conduct the initial investigation.

All members of Wiltshire Police have the right to pursue their grievance in stages up to
Senior Management / Chief Officer level.

The procedure is open equally to an individual or to a group who may wish to pursue
their grievance as a body.

Whilst the majority of grievances are formally raised in writing via a GP1 Form, there
may be occasions where a matter is raised by alternative means that the manager
deems would be best resolved via the Grievance Procedure. In such circumstances and
having taken advice from the HR Department, the manager may instigate the Grievance
Procedure themselves as a framework for investigation and resolution.
2. Issues excluded from the Grievance Procedure
The Grievance Procedure is not intended to apply to the following:

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

Grading of posts and any appeals following this process
Application of the Private Study Allowance scheme
Flexible working requests
Disciplinary or capability matters including dismissals
(For all of the above, a separate appeals procedure exists within each Scheme)

Issues which are quite clearly serious matters of misconduct or contrary to criminal law,
or where there is a separate appeals procedure
Selection for redundancy / redeployment as a result of a collective redundancy process
for which a dedicated Appeals process would be included.

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

Pension matters, relating to rules
National insurance matters or income tax
3. Recording of Grievances
Whilst grievances are managed in a confidential manner, the monitoring of the number,
types of issues raised and learning aspects are an important part of the how the Force
addresses such issues, through the anonymous analysis of trends.
Where a grievance is raised formally, a template Form GP1/2/3 is completed as part of
the process. At the conclusion of the formal process, the form and any supporting
paperwork will be confidentially filed by the Head of HR Services. Such records are kept
separately from the personal files of any individuals involved.
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OUTLINE OF THE GRIEVANCE PROCEDURE
4. The Three Stages of the Procedure
The Grievance Procedure comprises three separate and distinct stages:
Stage One Stage Two Stage Three -
Investigation and resolution meeting(s)
Review and resolution meeting(s)
Appeal to Senior Management / Chief Officer level
It should always be the aim to resolve a grievance in the shortest time and at the earliest
possible stage. This will enable information to be gathered before memories fade, to
minimise any distress being experienced by the aggrieved and where change is
required, for this to be implemented without undue delay.
5. Time Limits for each Stage
Stage One
Investigation & resolution
To be concluded within 20 working
days of receipt of grievance
Stage Two
Review & resolution
To be concluded within 15 working
days of being taken to stage two
Stage Three
Appeal to Senior
Management / Chief Officer
To be heard within 10 working days
of receipt of appeal

Timescales should be adhered to whenever possible throughout the grievance
procedure.

Where there is a concern that the timescale cannot be achieved (perhaps due to
absence of a key individual or where the investigation relates to a more complex
matter), new timeframes should be agreed via HR, in consultation with all parties.
However, sickness absence of any key individual does not mean that the matter will
be delayed indefinitely and such cases will be regularly reviewed by HR.

To ensure such decisions are taken only in the best interests of resolving the case,
the reasons raised by any of the parties for an extension should be recorded.
6. Additional Guidance
Further guidance has been prepared on the practical application of the Grievance
Procedure. Please also refer to the following supporting documents to this Procedure as
required:






Grievance Procedure Flowchart
Guidance notes for individuals raising a Grievance
Guidance notes for Managers
Guidance notes for those who have had a Grievance raised against them
Guidance notes on the use of mediation to resolve a grievance
Grievance FAQ’s
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THE FORMAL GRIEVANCE PROCEDURE IN PRACTICE
7. Raising a Grievance
If it has been impossible to resolve the matter through informal means, an individual may
chose to raise a formal grievance.
To initiate the process, they must complete Form GP1 and submit their grievance in
writing. This would normally be to their first line manager.
However, if the first line manager has already been involved in trying to resolve the
matter informally, it may be more appropriate to allocate this first stage to a second line
manager. Advice should be sought from HR if further clarity is needed.
If the matter relates to the way in which the individual feels their immediate line manager
is treating them, in these circumstances the Grievance may also be allocated to the
second line manager.
The written statement on the GP1 forms the basis of the Grievance and hence the
subsequent investigation, attempts at finding a resolution and any subsequent appeal. It
is therefore important that the individual clearly sets out the nature of their grievance and
indicates the outcome that they are hoping to achieve. If the statement of the grievance
is unclear, the individual will be asked to clarify the issue before any meeting takes place
and this will delay finding a resolution.
8. Stage One – Investigation and Resolution
Stage One is to be concluded within 20 working days of receipt of the grievance
by the Line Manager.
Once a formal grievance is raised and accepted by the Line Manager, their task is to find
a resolution. This will vary according to the nature and complexity of the issue that has
been raised but will normally contain the following elements:
Initial discussion: the Line Manager will have a discussion with the aggrieved at an
early stage. They must ensure they understand the nature of the issue and scope the
level of investigation required, so that the aggrieved individual is happy they have a clear
grasp of their issue.
The Line Manager must also contact the HR Business Centre to obtain a reference
number for the grievance record at the earliest opportunity.
Investigation: The matter is to be fully investigated at Stage One. The nature of the
investigation is the responsibility of the Line Manager and the scale of the investigation
should be proportionate to the nature of the grievance.
Where an individual is to be seen as part of a grievance investigation (eg: where they
are the subject of the grievance or as a witness to some alleged act or behaviour), they
should be provided with details of the issue prior to any meeting. This is normally via the
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GP1. However, the Line Manager may elect to provide them with a summary if there is
other non-pertinent or sensitive information contained within the GP1.
At the conclusion of the investigation, any pertinent evidence gathered should be made
available to the aggrieved prior to the resolution meeting so that they have time to
consider their response. In exceptional circumstances, the evidence given by individuals
may have to remain confidential. Where confidentiality is necessary, an appropriate
summary of the evidence gathered will be provided.
Resolution meeting(s): following the investigation, the Line Manager will meet with the
aggrieved and attempt to find a resolution to their issue(s), based upon the findings of
their investigation. This may involve bringing parties together or may simply be a one to
one discussion.
NB: the aggrieved is entitled to be accompanied by their staff association representative
or a colleague at each of these stages of the procedure
After the Resolution meeting, the Line Manager must write to the individual, summarising
the outcome of the meeting.
A period of up to five working days from receipt of that written notification is then
permitted to allow the aggrieved individual time to decide whether they:



Are satisfied that the grievance has been resolved and the matter can be
regarded as closed; OR
Are not satisfied and wish to proceed to Stage Two; OR
Wish to withdraw the grievance.
9. Line Manager Actions at end of Stage One

Outcome: the Line Manager must confirm the outcome of the resolution meeting
within five working days of the meeting taking place.

Timescales: the Line Manager should monitor the next 5 working days and
ensure the aggrieved individual has made a decision regarding any further
action. The matter should not be left without a clear decision from the aggrieved.

If the matter is regarded as resolved, Form GP1 should be completed as
appropriate and signed off by the individual and the Line Manager. All paper work
should then be returned to the HR Business Centre by the Line Manager for
confidential filing.

If the individual does not regard the matter as resolved, Form GP1 should be
completed as appropriate and signed off by the individual and the Line Manager.
Form GP2 should be completed by the individual and all paperwork must then be
passed by the Line Manager to the Second Line Manager for consideration under
Stage Two. The HR Business Centre must be informed that this has taken place
and the date this occurred.

If the individual wishes to withdraw the grievance, Form GP1 should be
completed as appropriate and signed off by the individual and the Line Manager.
All paper work should then be returned to the HR Business Centre by the Line
Manager for confidential filing.
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10. Stage Two – Review and Resolution
Stage Two is to be concluded within 15 working days of receipt of the grievance
by the Second Line Manager.
Where a matter has failed to be resolved at Stage One, the aggrieved individual may
chose to escalate the matter to Stage Two. They must complete Form GP2 outlining
their reasons in writing.
Stage Two requires the Second Line Manager to find a resolution in the most effective
means possible. This will vary according to the nature and complexity of the issue that
has been raised but will normally contain the following elements:
Initial discussion: the Second Line Manager will have a discussion with the aggrieved
individual to explore why they felt the matter was not adequately resolved at Stage One.
Review: as the matter will have been fully investigated at Stage One, no further
investigation is required unless specific areas are identified by the Second Line Manager
and/or the individual that would significantly aid resolution.
Resolution meeting: following a review of the investigation, the Second Line Manager
will meet with the aggrieved and attempt to find a resolution to their issue(s), based upon
the findings of their review. This may involve bringing parties together or may simply be
a one to one discussion.
NB: the aggrieved is entitled to be accompanied by their staff association representative
or a colleague at each of these stages of the procedure
After the Resolution meeting, the Line Manager must write to the individual, summarising
the outcome of the meeting.
A period of up to five working days from receipt of that written notification is then
permitted to allow the aggrieved individual time to decide whether they:



Are satisfied that the grievance has been resolved and the matter can be
regarded as closed; OR
Are not satisfied and wish to proceed to an Appeal at Stage Three; OR
Wish to withdraw the grievance.
11. Second Line Manager Actions at end of Stage Two

Outcome: the Second Line Manager must confirm the outcome of the resolution
meeting within five working days of the meeting taking place.

Timescales: the Second Line Manager should monitor the next 5 working days
and ensure the aggrieved individual has made a decision regarding any further
action. The matter should not be left without a clear decision from the aggrieved.
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
If the matter is regarded as resolved, Form GP2 should be completed as
appropriate and signed off by the individual and the Second Line Manager. All
paper work should then be returned to the HR Business Centre by the Second
Line Manager for confidential filing.

If the individual does not regard the matter as resolved, Form GP2 should be
completed as appropriate and signed off by the individual and the Second Line
Manager. Form GP3 should be completed by the individual and all paperwork
must then be passed by the Second Line Manager to the HR Business Centre
who will co-ordinate its consideration under Stage Three.

If the individual wishes to withdraw the grievance, Form GP2 should be
completed as appropriate and signed off by the individual and the Second Line
Manager. All paper work should then be returned to the HR Business Centre by
the Second Line Manager for confidential filing.
12. What does Resolution look like?
Formal resolution can take many forms and will usually be specific to the issue in
question. It is achieved where some action is proposed that the aggrieved regards as
resolving their particular concern. Some common examples include:

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Clarification of a misunderstanding
Exchange and acceptance of differing perspectives/feelings
Agreement to disagree
Agreement to provide feedback to someone on their behaviour
Acceptance of an explanation or apology
Agreement to implement a development plan or action plan
Agreement to modify a practice or behaviour
Agreement reached through mediation
This list is not exhaustive and resolution will be what is appropriate for each case.
However it is included to outline the types of outcome that are most likely so individuals
have a realistic expectation of what resolution will mean.
13. Stage Three – Appeal up to Senior Management / Chief Officer level
Stage Three is to be heard within 10 working days of receipt of the Appeal by the
HR Business Centre.
Where the formal investigation and resolution meetings fail to conclude matters to the
satisfaction of the individual, they may escalate the matter to the final stage of the
Grievance procedure i.e. a Stage 3 Appeal.
An Appeal should be submitted in writing on Form GP3 to the HR Business Centre,
within 5 working days of the written notification of the outcome of the resolution meeting
at Stage Two.
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It must clearly state the grounds of the Appeal, ie the basis on which it is felt that the
result of the Stage Two resolution meeting was unacceptable or that the action taken as
a result was inappropriate. An Appeal does not entail any further investigation nor is it a
re-hearing of the case.
Appeals will normally be conducted by the relevant Head of Department or their
allocated representative but if appropriate, may be heard by a Chief Officer within the
Force. The decision regarding who hears an Appeal will be taken by the HR Business
Centre, in consultation with the aggrieved individual and will be based upon the nature of
the grievance and the availability of senior staff, in order to ensure that the Appeal is
heard in a timely manner.
An Appeal meeting will be arranged to take place within 10 working days of the receipt of
the Appeal by the HR Business Centre.
The Senior Manager / Chief Officer will consider the grounds put forward on the GP3
and assess whether or not the conclusion reached in the original Grievance meeting was
appropriate. An Appeal does not entail any further investigation nor is it a re-hearing of
the case.
Outcome: the outcome of the Appeal meeting should be confirmed in writing within five
working days of the meeting taking place.
At this stage, the Grievance Procedure has now been exhausted and the outcome will
be final. All paperwork must be forwarded to the HR Business Centre for confidential
filing.
It should be recognised that even when all stages of the internal procedure have been
exhausted, in some cases it may still not be possible to mutually resolve differences to
the satisfaction of all the parties involved. At this stage however, there is no further right
of internal appeal.
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INDEX
CONTENTS .................................................................................................................................... 2
INTRODUCTION ........................................................................................................................ 3
Glossary of Terms ................................................................................................................... 3
The Role of Mediation ............................................................................................................. 3
GENERAL PRINCIPLES ............................................................................................................. 4
1. Principles underlying the Procedure ................................................................................ 4
2. Issues excluded from the Grievance Procedure .............................................................. 4
3. Recording of Grievances ................................................................................................. 5
OUTLINE OF THE GRIEVANCE PROCEDURE ......................................................................... 6
4. The Three Stages of the Procedure ................................................................................. 6
5. Time Limits for each Stage .............................................................................................. 6
6. Additional Guidance ........................................................................................................ 6
THE FORMAL GRIEVANCE PROCEDURE IN PRACTICE ........................................................ 7
7. Raising a Grievance ........................................................................................................ 7
8. Stage One – Investigation and Resolution ....................................................................... 7
9. Line Manager Actions at end of Stage One ..................................................................... 8
10.
Stage Two – Review and Resolution ........................................................................... 9
11.
Second Line Manager Actions at end of Stage Two ..................................................... 9
12.
What does Resolution look like? ................................................................................ 10
13.
Stage Three – Appeal up to Senior Management / Chief Officer level........................ 10
INDEX........................................................................................................................................... 12
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