Grievance Policy/Process

• Encourages open communication between employees and managers to resolve employment-related grievances quickly and satisfactorily.
• Confidentiality must be maintained throughout the process.
• This policy does not apply to disciplinary appeals, which are handled separately.

• Employees have the right to representation during any formal grievance investigation.
• Representatives may be:
  • A work colleague
  • A union shop steward (if applicable)
  • A full-time union officer (even if the union is not recognised by the company) 
• Representatives can speak and summarize but cannot answer questions on behalf of the employee.

1. Initial Stage 

• Raise the grievance in writing with your immediate line manager.
• If the grievance concerns your manager, raise it with HR or their superior.
• A formal hearing will be arranged.
• A decision will be given in writing, ideally within 5 working days.

2. Escalation 

• If unresolved, escalate to a more senior manager.
• They will review the grievance and hold a hearing within 5 working days of the written request.
• A decision will be given in writing, ideally within 5 working days.

3. Final Stage 

• If still unresolved, escalate to the Chief Executive or authorised deputy.
• A final decision will be given in writing, ideally within 10 working days.
• This decision is final.

• If the grievance is too personal to raise with a direct manager, it may be referred to another designated person with permission.
• Employees will be informed whether their grievance was upheld, but not about any disciplinary action taken against others.
• Disciplinary matters arising from grievances are handled separately and confidentially.

An employee may be represented by one of the following:

• A fellow employee from the same employer
• An employed trade union official (regardless of union recognition, but must be registered under the Employment Relations Law)
• A non-employed trade union official certified in writing by the union as trained or experienced in representation

• Disciplinary Hearing: May result in a formal written warning or other disciplinary action. 
• Grievance Hearing: Relates to a complaint about the employer’s failure to perform a statutory, contractual, or common law duty.
• Redundancy Discussions

• If the representative cannot attend the proposed time, the employee may suggest a reasonable alternative within 5 working days.
• A fellow employee representative is entitled to reasonable paid time off to prepare and attend the hearing.

Allowed to:

• Present the employee’s case
• Summarise the case 
• Respond to views expressed during the hearing
• Confer with the employee during the hearing

Not allowed to:

• Answer questions on behalf of the employee
• Speak against the employee’s wishes
• Obstruct the employer or others from presenting their case

• Governed by Article 78B and existing unfair dismissal provisions
• Employees are protected from detriment for exercising or assisting with representation rights
• Complaints must be made to the Tribunal no later than 7 weeks and 6 days of the breach (extensions possible)
• Tribunal may:
  • Award up to 8 weeks’ pay in compensation 
  • Quash disciplinary or grievance actions (except dismissal)
• Dismissal for asserting or performing representation rights is considered automatically unfair