1.

STATEMENT OF POLICY

It is the view of Aberdeenshire Council that a well motivated and highly effective workforce
is essential for the effective performance and conduct of the Authority’s affairs. The
Council recognises that grievances can arise between employees and the Council during
the conduct of its affairs and also recognises that such grievances require to be resolved
on a fair and equitable basis and within a reasonable time scale in accordance with an
agreed Policy and Procedure.

In support of this, the Council has prepared and issued this Grievance Policy and
Procedure in consultation and agreement with the appropriate trade unions.

This Grievance Policy & Procedure provides a mechanism whereby problems in relation to
work, the working environment, bullying or harassment or working relationships can be
raised and addressed. These problems should be dealt with as quickly and fairly as
possible to avoid them developing into major problems or, potentially, collective disputes.

Service Directors and the Head of Service (Human Resources & Organisational
Development) will be responsible for arranging appropriate training and briefing on the use
of this Policy and Procedure and the maintenance and updating of records, within services
and centrally, to facilitate the smooth operation of this Procedure.

Service Directors are responsible for the management of their Service and therefore have
ultimate responsibility for resolving grievances raised by employees in accordance with
this Procedure up to and including Stage 2.

This Grievance Policy & Procedure applies to both individual and group grievances and
the same stages should be utilised.

Employees should be made aware of the Grievance Policy and Procedure and have ready
access to it.

This Policy and Procedure takes account of the guidance contained in the ACAS Code of
Practice on Discipline and Grievance at Work. In particular, it provides for the right to be
represented at all stages of the Grievance Policy and Procedure.

2. SCOPE OF THE POLICY

This Grievance Policy applies to Teachers and Associated Professionals the Grievance
Procedure will apply to all employees of the Council.

This Policy and Procedure conforms with the SNCT Handbook Appendix 2.13 and the
SNCT Appeals Procedure Appendix 2.14 for Teachers and Associated Professionals.

In agreeing to the introduction of this Grievance Policy and Procedure, Aberdeenshire

Council and the trade unions have taken account of the provisions of the relevant national
schemes of conditions of service, and this will be reviewed as required.

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Grievance procedures provide a mechanism whereby problems in relation to work, the
working environment or working relationships can be raised and addressed.

It is neither possible nor desirable to specify every issue which may give rise to a
grievance, but the main areas would include: terms and conditions; health and safety;
relationships at work; new working practices; organisational change and equal
opportunities matters.

The Grievance Policy and Procedure will not apply to the following not withstanding the
provisions to raise a grievance regarding procedures and processes as indicated above:

a. The outcome of a grading not withstanding the process of an equal pay claim.
b. It is not competent to raise a counter grievance on a disciplinary matter. It is competent
to raise a grievance relating to the disciplinary process. Grievances raised during a
disciplinary case will be handled according to ACAS Code of Practice.
c. Issues arising from the content of the consultation document during the process of
formal consultation. Such issues may only be raised once the formal consultation process
has been exhausted.

3. GENERAL PRINCIPLES

The aim of this Grievance Policy and Procedure is to achieve a satisfactory resolution to a
particular problem for all parties involved. The operation of the Policy and Procedure in a
satisfactory manner will depend on the adoption of certain general principles, which are in
accordance with recognised good HR practice as outlined below.

The Grievance Policy and Procedure allows for a series of stages ranging from an informal
approach to an appeal at national level. In many cases, addressing a grievance informally
can resolve the matter and it is hoped that all grievances can be dealt with on this basis. In
some circumstances it may be necessary over a period of time to pursue all of the stages
of this Procedure in order to resolve the issue(s) raised.

Decisions relating to a grievance should, if possible, be taken at the lowest appropriate

level.

All grievances should be dealt with quickly, fairly and within the agreed time scales
outlined in this Procedure.

Individual and group grievances must be dealt with using the same Procedure and
including the same stages.

At all stages of this Procedure (including the informal stage) the employee must be given
the opportunity to state his/her grievance and have the right to be represented by a trade
union representative or a work colleague.

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1. INTRODUCTION
It is important that each case is dealt with by following this Procedure in a fair, reasonable and
consistent manner and within agreed time scales.

Every effort should be made to resolve a grievance or a potential grievance using informal
mechanisms e.g. discussion with line manager/head teacher or through an informal approach
by a trade union representative. However, if informal methods do not succeed and the
aggrieved party remains dissatisfied with the outcome or response, the formal procedure
should be utilised.

If it is not possible to adhere to the time scales outlined in this Procedure then all parties must
be informed, in writing, of any delay, and the reasons for it.

The Council recognises that, especially when a grievance relates to another employee, there
may be very sensitive issues raised. The aggrieved party may seek support and help from
other colleagues in relation to the grievance. The Council assures that at all stages,
information discussed will be held in the strictest confidence and the Council will treat any
improper disclosure as an act of gross misconduct under the Disciplinary Policy and
Procedure.

An aggrieved employee may, at any stage, withdraw from this Procedure by giving notice of
his/her intention to do so. This must be done in writing and in such circumstances the
employee will be deemed to have abandoned the grievance.

Where a grievance has already been raised but not resolved to the satisfaction of the
employee, even at the completion of all stages of this Procedure, the employee cannot restart
the Procedure in relation to the same matter.

All time scales are defined in calendar days to avoid confusion for employees who work part
time and for those whose working week is Sunday to Monday. Any related correspondence
indicating time scales must be defined in calendar days.

Please also refer to Guidance on Bullying and Harassment which details further information
on the support available in these types of situations.

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2. INFORMAL STAGE
Any employee who is aggrieved on any matter should discuss the issue initially with his/her
line manager/head teacher alternatively, where the matter concerns the line manager, the
problem should be referred to the next level of management.

The form Written Statement of Grievance may be used for this purpose if required.

The employee will have the right to be represented at any grievance hearing by a trade union
representative or work colleague.

Every attempt should be made to resolve the matter through informal discussion or through
informal representation by a trade union official or work colleague. An informal meeting with
the employee and/or his/her representative will be arranged by the line manager/head teacher.
This meeting will be arranged with the employee’s agreement and a response to the
employee’s grievance will be given within 14 calendar days of notification of the grievance. If
this time scale is not possible the reason for the delay should be notified to the employee and
his/her representative within the original time scale.

All parties involved should keep a written note (e.g. in the form of a brief diary entry, agreed
resolutions), of the outcome of any informal meetings held to address the grievance. No formal
note of the meeting should be taken or used in later stages of the procedure.

As part of seeking an informal resolution, in some cases the parties involved may be in
agreement to attempt to resolve a dispute by means of mediation. Mediation is a voluntary
process – there is no requirement for parties to suggest mediation or to accept it as a means
of dispute resolution. By undertaking mediation no party is precluded from taking information
action at a later stage. For further information on mediation reference should be made to the
Mediation Policy and Guidance or contact the Mediation and Employee Relations team.

If, after attempting to resolve the grievance informally, the employee is dissatisfied with the
response or if no response has been forthcoming within 14 calendar days, the employee
should initiate the first stage of the formal Grievance Procedure.

It should be noted that where every attempt is made to resolve the matter informally an
employee can proceed directly to Stage 1 of the formal procedure. He/she is not required to
first try to reach a resolution informally.

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3. FORMAL STAGES

STAGE 1
The employee must raise the matter, in writing by submitting a Formal Written Statement of
Grievance, found in the Resource Pack, to his/her immediate line manager/head teacher,
clearly stating the details of the grievance. The exact nature of the grievance and the
resolution sought by the aggrieved party must also be stated.

Where it is not appropriate to put the Formal Written Statement of Grievance to the
employee’s immediate line manager/ head teacher it should go to next level of
management/the Director of Education or his/her nominee. This may be necessary when the
immediate line manager/head teacher is part of the employee’s grievance or if the line
manager does not have the authority to resolve issues raised in the grievance.

The person to whom the Formal Written Statement of Grievance has been addressed will
convene a formal grievance hearing, within 14 calendar days from receipt of the letter.
Acknowledgment of Formal Written Statement and Stage 1 Invite, sample wording should
be sent to the aggrieved employee. Stage 1 Invite (with a copy of the formal written
statement of grievance) sample wording should also be sent to the person the complaint was
made against. If agreed by all parties involved in the grievance that it is not possible to meet
the prescribed time scale, the reason for the delay should be notified in writing to the
employee and his/her representative within the original time scale and a mutually convenient
alternative date sought.

The employee will have the right to be represented at any grievance hearing by a trade union
representative or work colleague.

Both parties have the right to call witnesses to the hearing and it is the responsibility of the
chair to arrange for the witnesses to be invited. The chair should be notified of the names of
the requested witnesses as soon as possible.

The chair should follow the steps outlined in How to Undertake a Formal Grievance
Hearing.

The outcome of the grievance hearing will be conveyed to both parties in writing within seven
calendar days of the date of the hearing taking place. Please find sample wording Stage 1
Outcome.

Where the line manager/head teacher is the aggrieved party, or in other circumstances where
it would not be appropriate for the line manager/head teacher to hear the grievance the Formal
Written Statement of Grievance should be submitted to the next level of management/Director
of Education or his/her nominee.

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Formal STAGE 2

Where the employee is dissatisfied with the decision at Stage 1 there shall be a right for the
matter to be heard by his/her Head of Service (or his/her nominee).

Where the Head of Service in Stage 1 heard the grievance, the employee shall have the right
for the matter to be heard by his/her Director of Service (or his/her nominee).

The employee or his/her trade union representative shall then submit in writing a statement of
appeal to the employee’s Head of Service (or his/her nominee). For teachers the written
statement of appeal should be submitted to the Director of Education or his/ her nominee.

The form Formal Written Statement of Grievance Appeal can be used for this purpose.

The statement of appeal must explain the reasons for continuing dissatisfaction and must be
submitted with 14 calendar days of receipt of the decision at Stage 1.

The Head of Service (or his/her nominee) or the Director of Education (or his/her nominee), on
receipt of this, will convene a formal grievance hearing within 14 calendar days. Please see
sample wording Stage 2 Invite for the aggrieved employee.

The Chair should follow the steps outlined in How to Undertake a Formal Grievance Appeal.
Employees and Managers please refer to Conduct of a Grievance Hearing.

The grievance appeal should refer to the reasons why they remain dissatisfied with the
outcome of Stage 1. No new grievance can be raised at this stage. The appeal hearing
should not be seen as a re-run of the original hearing.

Any officer providing information to the Director of Service/Head of Service (or his/ her
nominee) should not be the officer/head teacher who originally heard the grievance.
The Director of Service/Head of Service (or his/her nominee) shall respond in writing to the
aggrieved employee conveying his/ her decision within seven calendar days of the date of the
hearing. Please find sample wording for Stage 2 Outcome for the aggrieved employee in the
Resource Pack. Also Stage 2 Outcome sample wording should be sent to the person the
complaint was made against.

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Formal STAGE 3

If the grievance is not satisfactorily resolved and the employee remains dissatisfied with the
decision of the Head of Service or the Service Director (or his/her nominee), the matter may
be referred by the employee, or his/her representative, to the Appeals Committee of the
Council for consideration.

A referral to the Appeals Committee should be submitted in writing by the employee or his/her
trade union representative to the Head of Service (Legal & Governance) within 14 calendar
days of receipt of confirmation of the decision at Stage 2. This document must specify exactly
the grounds for the appeal.

A meeting of the Appeals Committee should normally be held within 28 calendar days of the
Appeal being registered, unless otherwise mutually agreed. The Clerk to the Committee will
undertake all correspondence in relation to the arrangements and outcome of the appeals
committee. The Appeals Committee will hear the appeal in accordance with agreed
Aberdeenshire Council Procedures.

A written decision of the Appeals Committee should be communicated to the aggrieved party
within seven calendar days of the Appeal Hearing.

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STAGES OF GRIEVANCE PROCEDURE

Stage Normally Suggested

Heard By Time Scales
Informal Line 14 calendar
Manager/ days to meet
Head and respond
Teacher
Stage 1 As above or 14 calendar
next level of days to
management arrange
if grievance hearing
against 7 calendar
immediate days to issue
line manager written
response
Stage 2 Head of 14 calendar
Service (or days to
their arrange
nominee) or hearing
Director if 7 days to
Head of issue written
Service response
involved at
Stage 1
Director of
Education (or
their
nominee) if
teachers and
associated
professionals.
Stage 3 Appeals 28 calendar
Committee days to
arrange
formal appeal
hearing
7 calendar
days to issue
written
response

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NEXT STEPS

The internal Grievance Procedure is exhausted after the Appeals Committee and the
decision of this Committee will be final and binding to all parties involved. The only
exceptions to this are:

Scottish Negotiating Committee for Teachers - For teachers and associated professionals
the decision of the Appeals Committee can be submitted to the Joint Secretaries of the
Scottish Negotiating Committee for Teachers please refer to the SNCT Handbook Appendix
2.14.

The application of this Policy and Procedure will not infringe employees’ statutory rights,
e.g. of appeal to an Employment Tribunal.

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4. CONDUCT OF GRIEVANCE HEARING

Preparing for a Hearing

Employees have the right to be represented by a trade union representative or work colleague
at all stages of the Grievance Procedure and managers must ensure that they inform
employees of this right prior to any hearing.

A representative from Human Resources should be present at any formal grievance hearing
during Stages 1-3 of this Procedure. This does not preclude a representative from Human
Resources being present at the informal stage if this is deemed necessary.

Organising and controlling a grievance hearing is the responsibility of the Chair. Any
information required prior to the grievance hearing (e.g. whether similar grievances have been
raised before, how they were resolved, and any action taken) is the responsibility of the Chair.

Grievance Hearing
The format for a grievance hearing is outlined below:
1. At the outset of a grievance hearing the Chair should confirm to all parties present the stage
at which the hearing is being held and that it is within the agreed formal Procedure.

2. The employee and/or his/her representative presents evidence in support of his/her

grievance. The employee and/or his/her representative can request that witnesses attend,
submit additional written information and/or use verbal presentation. If it is intended that
witnesses are to be called, then the Chair should be advised of this prior to the hearing. It is
the responsibility of the Chair to invite witnesses to the grievance hearing. Please see
Witness Invite sample wording in the Resource Pack.

3. Where the employee has exhausted Stage 1 of the Grievance Procedure and is now
presenting his/her grievance at Stage 2 of this Procedure he/she or his/ her representative
should only refer to the reasons why they remain dissatisfied with the outcome of Stage 1 of
the Grievance Procedure. No new grievances may be raised at this stage. This hearing should
not be seen as a re-run of the original grievance raised under Stage 1.

4. Witnesses for the aggrieved party are called (where appropriate). They may have to answer
questions from both parties and/or their representatives and the Chair.

5. Questions may be asked by management and or colleagues involved in the grievance to the
employee and/or his/her representative. Where the employee has taken his/her grievance to
Stage 2 of this Procedure he/she may be asked questions by the line manager/head teacher
who originally heard the grievance.

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6. Management/colleagues state their case and respond to any allegations and or questions
from the employee and/or his/ her representative. They also can request to call witnesses if
required. Where the employee is taking his/her grievance to Stage 2 of this Procedure, it will
be the line manager/head teacher who heard the grievance originally under Stage 1 that states
his/her case indicating how he/she came to his/her decisions.

7. Witnesses are called (where appropriate) by the Chair. They may have to answer questions
from both parties and/or their representatives and the Chair.

8. Questions from the Chair. Such questions should be to seek clarification rather than to
intimate personal viewpoints.

9. Both parties or their representative should be asked to sum up.

10. Having heard both sides but before reaching a decision or proposing a solution, the Chair
should then seek clarification on any points and summarise his/her understanding of the
grievance.

11. After summing up, the Chair should adjourn with his/her advisers to consider his/her
decision.

12. The decision of the Chair must always be conveyed in writing to both parties in accordance
with the agreed time scales. At the hearing, the employee should be advised of the time scale
for a written decision, bearing in mind the time limits set out in this Procedure and her/his right
to progress to a further stage of this Procedure.

13. The decision should, where possible, also be conveyed orally at the hearing. Only the
employee and his/her representative raising the grievance are called back to be advised of the
decision.

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5. FORMAL DISPUTES
For all Employees Except Teachers

In the event of a formal dispute being declared by either the Authority or the trade union(s)
involved, the provisions of the relevant National and Local Agreements shall be applied.
No trade union involved in a dispute will cause, or take part in, or authorise its members to
take part in any form of industrial action against the authority unless and until this Procedure
has been followed and exhausted, although agreement need not necessarily have been
reached; and similarly no action will be taken by the authority against the employee or the
trade union concerned.

Both parties to any dispute should, wherever possible, reach agreement on interim
arrangements to allow work to continue while this Procedure is being followed.
Both parties to any dispute should, wherever possible, reach agreement on interim
arrangements to allow work to continue while the Grievance Procedure is being followed.

However, where this is not possible the use of status quo provisions should be used. “Status
quo” should be restricted to grievances that relate to situations where changes to terms and
conditions are being contemplated, and, where practicable, it may also apply to changes to
working practices or organisational structures. In the event of a formal grievance being lodged
in response to a proposed change as outlined above, the existing relevant terms and
conditions of employment will be maintained until all stages of the Grievance Procedures have
been exhausted. However, it should be noted that there may be circumstances where the
decision is within the framework of an existing agreement or established practice (e.g. an
office move). In this situation there shall be no obligation on management to postpone the
implementation of the decision until agreement has been reached or the Grievance Procedure
has been exhausted.

For Teaches and Associated Professionals

In the event of a formal dispute being declared by either the Authority or the trade union(s)
involved, the provisions of the Local Recognition and Procedure Agreement shall be applied.

In the event of a formal grievance being lodged in response to a proposed change of terms
and conditions of employment and when practicable, where a grievance has been lodged in
response to changes to working practices or organisational structures, no change shall be
made to the relevant terms and conditions of employment until the agreed grievance
procedures have been exhausted.

6. ROLE OF THE HEAD OF SERVICE (HR & OD)

The Head of Service (Human Resources & Organisational Development) shall be informed of
any case, which is likely to lead to formal dispute. He/she or his/her nominated representative,
shall participate in any enquiries or interviews to the extent that he considers necessary.
The Head of Service (Human Resources & Organisational Development) and his/her staff will
be available to offer advice at any stage of the Grievance Policy and Procedure.

For further advice and guidance on any of the above please contact Human Resources and
Organisational Development.

Confidential 24 Hour support is also available to all employees through the Councils
Employee Assistance Programme.

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