This policy is not intended to be comprehensive, but to act as a guide. If you have any questions about this policy, please speak to your manager in the first instance. This policy does not form part of your terms and conditions of employment and may be varied and/ or withdrawn at any time without notice.
Kelly is committed to ensuring that employees are treated fairly and consistently within the workplace. This procedure has been developed to ensure that all Kelly employees are treated consistently when raising and resolving concerns arisen during work i.e. terms and conditions of employment, health and safety, relationships at work, new working practices etc.
It is important that you read and understand this policy and follow the provisions contained within it. This policy applies to all permanent UK & Ireland employees, as well as those who are working for and/ or on behalf of Kelly. If you have any questions about this policy please speak to your manager in the first instance.
The grievance procedure applies to one employee or a group of employees.
Where the grievance relates to the outcome of a disciplinary hearing, the disciplinary appeal procedure should be used. This policy cannot be used as an extension once other processes have been exhausted.
The use of this policy will not be detrimental to or prejudice any employee’s employment in any way.
At all stages of the formal procedure the employee raising the grievance will have the right to be accompanied by a worker colleague, a trade union representative, or an official employed by a trade union. A trade union representative who is not an employed official must have been certified by their union as being competent to accompany a worker to formal hearings. An Human Resources (HR) representative will also attend.
All decisions, recommendations and outcomes will be recorded in writing by the hearing manager responsible for arranging the relevant stage of the procedure and issued to those individuals involved. A copy this will also be held on the appropriate employee personal files in the HR department.
Every effort will be made to conduct the grievance hearing promptly and within the guideline timescales indicated at each stage. The employee/employee representative (if a group grievance has been submitted) can offer an alternative date for the hearing as long as it is reasonable and is done so in advance. The hearing manager, HR representative, the employee and their representative should make every effort to attend.
If the employee unreasonably delays the progression of the grievance, the Company may refuse to hear/conclude the case.
The right to be accompanied
All employees are entitled to be accompanied to any formal meetings by a trade union representative or a work colleague and it is important that this is made clear to the employee when inviting them to the meeting.
You may wish to consider allowing an employee to bring a different representative to the meeting if, for example, they have a disability which means that they need support from a family member and you should always organise professional support (for example a translator) where this is required. If the employee is a trade union representative, they may be accompanied by another a full-time trade union official.
The representative can act as a witness, ask questions, take notes during the proceedings, may put and sum up the employee’s case and may ask for adjournments to discuss issues with the employee, but they may not answer questions on the employee’s behalf or prevent the employee from explaining their case. If the chair believes that the employee’s representative is acting unreasonably, they may adjourn the meeting and seek guidance from HR.
The employee may ask to postpone the meeting to enable their chosen representative to attend. If this is the case, you should postpone the meeting for a period not normally exceeding 5 working days although in exceptional circumstances you may postpone the meeting for a longer period. If the representative is still unable to attend, you should ask the employee to choose an alternative to accompany them. There is no obligation on a person to act as a representative if they do not wish to do so. If the employee chooses not to be represented, confirm this with them at the start of the meeting.
A trade union representative who is not an employed official must belong to a recognised Trade Union and be certified to carry out the role by their Union. This check must be carried out prior to the meeting and noted within the meeting minutes.
_Stages of the grievance process
Stage 1 – informal
An employee/ employee representative (for group grievances) wishing to raise a concern affecting their work or employment should, in the first instance, raise the matter with their immediate manager. The manager will try to answer and resolve the issue as soon as possible.
There may be special circumstances where the immediate manager is not the appropriate person with whom to raise the grievance. In this case a decision may be taken for another manager to hear the grievance.
Occasions will arise where informal discussions may be unsuccessful in resolving matters. The formal grievance procedure can then begin where any informal action has failed to produce a desired outcome.
Stage 2 – formal
Where the informal discussion has failed to produce a satisfactory outcome the employee/ employee representative (group grievance) should provide a written statement of their concern(s) to their immediate manager. There may be special circumstances where the immediate manager is not the appropriate person for the employee to raise the grievance with. If this is the case, it can be submitted to another manager and/ or HR.
The hearing manager will write to the employee/group representative within 7 days of receipt of a written grievance confirming arrangements for a hearing to take place. The meeting itself shall normally take place within 10 working days (if this is not possible, an extension will be requested) of receipt of the written grievance. The employee has the right to be accompanied at the formal meeting, a HR representative will also be present.
During the hearing, the employee will be given the opportunity to explain their complaint and options for a desired outcome of resolution. If the hearing manager reaches a point during the meeting where they feel that further investigation is necessary the meeting may be adjourned to undertake further investigation.
Following the meeting, any further investigations will be undertaken by the hearing manager in order to establish whether the grievance should be upheld.
Once a conclusion has been reached, the hearing manager shall respond in writing to the employee/ group representative, normally within 5 working days of the meeting or as soon as possible thereafter. The response will detail whether the grievance has been upheld or rejected, the reason for the decision and whether any action has been taken to remedy the situation, including details of any proposed solutions. The response will also confirm the right of appeal. The letter shall be reviewed by the HR for consistency of approach. Notes of the meeting will also available for all participants and retained on the employee(s) personal file.
If the grievance was about a particular person, the manager/HR representative shall also communicate any actions which may be required to that person. It may be appropriate for the manager to facilitate mediation between the employee raising the grievance and the employee who is the subject of the grievance so that they can agree a way forward. If disciplinary action is required then this will be managed under the disciplinary procedure.
Stage 3 – appeal
Where Stage 2 has failed to produce a satisfactory outcome, the employee or the employee representative reserve the right to submit an appeal in writing, within 5 working days of receipt of the written response to their initial grievance. This should be sent to the next level of management (as outlined in the response letter). The appeal letter must clearly outline the grounds of appeal and any new evidence that the employee/employee representative wishes to be considered. Where this is not done the Company reserves the right to reject the appeal.
The appeal hearing manager will consider the grievance as documented from the previous two stages of the procedure and undertake any further investigation as necessary. A further meeting will be arranged to hear the appeal, normally within 10 working days of the appeal letter being received. Again, the employee will have the right to be accompanied.
The appeal hearing manager will respond to the employee/ group representative within 5 working days or as soon as possible thereafter. The response will detail whether the appeal has been upheld or rejected, the reason for the decision and whether action has been taken to remedy the situation including details of any proposed solutions. The response will also confirm that there is no further right of appeal. Notes of the appeal hearing will be retained on the employee(s) personal file and a copy will be made available upon request.
If the grievance was about a particular person, the manager/ HR representative shall also communicate the outcome of the appeal, including any actions which may be required to that person. If disciplinary action is required then this will be managed under the disciplinary procedure.
The Company supports the right of employees to pursue a legitimate grievance, but the raising of false or malicious grievances will also be taken seriously and may result in disciplinary action in accordance with the disciplinary procedure.
All employee data is handled in line with the General Data Protection Regulation (GDPR) 2018.