Pre-January 2013
The University of Sheffield Grievance Procedure for all University Staff (excluding staff covered by the University Statutes)
- Scope
- Objectives
- Grievance procedures
- Raising a grievance when employment has ceased
- Group grievance
- Other provisions
- Trade Union agreement
1 Scope
These procedures apply to all University staff (excluding staff covered by the University Statutes)
2 Objectives
As an employer the University recognises that from time to time staff may wish to seek redress for grievances relating to their employment.
To this end the grievance procedures should be followed where a staff member has a grievance arising from their employment, except where the matter constitutes an appeal against a disciplinary decision, or relates to a disciplinary decision, which should be taken up in accordance with the disciplinary procedures, or where the University has specific procedures (see paragraphs 6.6 – 6.8).
The purpose of these procedures is to deal with grievances fairly, promptly and at the point of origin before they develop into major problems. Attempts should always be made to resolve matters by informal approaches.
Throughout these procedures the title 'supervisor' is to be taken as the first line manager to whom the staff member concerned reports formally on a day-to-day basis.
Supervisors and heads of department may wish to be accompanied by a member of the Department of HR or a senior departmental colleague.
These procedures comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, which came into effect in September 2004 and the extension of the right to be accompanied provided by Section 10 of the Employment Relations Act 1999, which came into force in September 2000. They also comply with the Employment Act 2002 (Dispute Resolution) Regulations 2004 and other relevant legislation.
3 Grievance Procedures
3.1 Informal stage
Attempts should always be made to resolve matters by informal approaches.
3.2 First stage
A member of staff who believes they have a grievance arising from their employment should raise the matter in writing with their supervisor, indicating that they seek recourse to the grievance procedures. If the supervisor is involved in the grievance then the next level of management should be approached.
The supervisor should arrange a formal meeting, normally within 7 days, in order to consider the grievance. After due consideration the supervisor should then give their response in writing within a further 7 days and advise the member of staff of their right to have their grievance heard at the next stage of the procedure.
3.3 Second stage
If the matter is not resolved the staff member may refer the matter in writing to their head of department, having notified their supervisor. If the head of department is involved in the grievance then the Department of HR should be consulted for advice.
The head of department [or nominee] should arrange a formal meeting normally within 14 days in order to consider the grievance. After due consideration the head of department should then give their response in writing within a further 14 days and advise the member of staff of their right to have their grievance heard at the next stage of the procedure.
3.4 Third stage
If the matter is not resolved the staff member may refer the matter in writing to the Director of Human Resource Management, having notified their head of department.
The Director of Human Resource Management [or nominee] should arrange a formal meeting, normally within 14 days, in order to consider the grievance. After due consideration the decision of the Director of Human Resource Management [or nominee] will be given in writing within a further 14 days and the member of staff will be advised of their right to have their grievance heard at the next stage of the procedure.
3.5 Final stage
If the matter is still not resolved, the staff member may ask the Registrar & Secretary to convene a Grievance Panel. The Grievance Panel will normally be composed of a Pro-Vice-Chancellor, as chair, a senior member of staff, and a member of staff nominated by the relevant trade union, none of whom have prior involvement in the case. In the case of a staff member who is not a member of a trade union then a member of the University Human Resource Management Committee will be nominated by the Director of Human Resource Management [or nominee]. The Director of Human Resource Management [or nominee] and the grievant will be required to agree the composition of the Grievance Panel.
The Department of HR should arrange a formal meeting, normally within 21 days, in order to consider the grievance. After due consideration the decision of the Grievance Panel will be given in writing within a further 14 days. The decision of the Grievance Panel will be final.
The Department of HR will service the Grievance Panel, including recording a summary of the findings.
4 Raising a grievance when employment has ceased
4.1 Conditions
The Employment Act 2002 (Dispute Resolution) Regulations, which came into effect in October 2004, allows ex-employees to access a modified grievance procedure after their employment with the University has ceased. This only applies where:
- the staff member is no longer employed (e.g. where an employee has resigned claiming constructive dismissal);
- the University was unaware of the grievance before the employment ended or the Grievance Procedure was not commenced or completed before the employment ended; and
- both parties agree in writing that the Grievance Procedure should apply after the University has become aware of the grievance.
4.2 The Modified Grievance Procedure
The Modified Grievance Procedure is a two stage process:
Stage 1: A previous member of staff who believes they have a grievance arising from their employment should refer the matter in writing to the Director of Human Resource Management within 28 days of their employment with the University ceasing. The nature of the grievance and the basis for it should be made clear.
Stage 2: The Director of Human Resource Management [or nominee] should then give their response in writing within a further 28 days.
5 Group grievance
In circumstances where a grievance may apply to more than one person and where a trade union is involved then it may be appropriate for the problem to be resolved within existing collective agreements between the trade union/s and the University.
Where a group grievance occurs without the involvement of a trade union then the matter should normally be considered at the second stage of the procedures.
6 Other provisions
6.1 Procedural advice
The Department of Human Resources may be consulted for procedural guidance by any party at any stage. Such guidance will be given without prejudice to any further involvement HR may have within the procedures.
6.2 Time limits
Time limits are indicated in calendar days and are included in the procedures in order to ensure that matters are dealt with promptly and without undue delay. However, in complex matters it may be appropriate to extend these time limits by mutual agreement in order that the grievance is dealt with properly. Where the grievant believes that there is undue, unreasonable or inexplicable delay, then by mutual agreement, the matter may be considered at the next stage of the procedure.
If the member of staff's chosen companion is unavailable to attend on the date or at the time originally set for the grievance, the meeting must be postponed to another date and time proposed by the member of staff within five working days of the date proposed by the University.
6.3 External advice
In certain circumstances it may, with mutual agreement, be appropriate and helpful to seek external advice.
6.4 Representation
An employee may be accompanied by a "companion" at any formal stage of the procedure. The person chosen by the employee as his/her "companion" may be either a fellow worker, or a full-time official employed by a trade union, or a lay trade union official who is certified as having experience of, or having received training in, acting as a companion at such a hearing. Where communication may be difficult due to disability or where the employee´s first language is not English, for reasons of providing equality and fairness at a hearing, the University will provide an appropriate translator.
6.5 Records
Records should be kept at each stage of the procedure and the written outcome agreed for accuracy by all parties.
Records of grievance proceedings will be kept confidential and retained in accordance with Data Protection Act (1998).
6.6 Job Grading
Where the University has specific procedures for handling appeals or grievances about job grading, then these should be used rather than the Grievance Procedures; advice is available from the Department of HR.
6.7 Harassment
The University has specific procedures for handling grievances about harassment; advice is available from the Department of HR.
6.8 Public Interest Disclosure
The University has specific procedures for handling matters which are covered by the Public Interest Disclosure Act (1998); advice is available from the Department of HR.
7 Trade Union agreement
The University Grievance Procedure for all University Staff (excluding those covered by the University Statutes) was formally agreed with the AUT, UNISON, Amicus-MSF, TGWU and GMB Unions during October 2002 and implemented during November 2002.
Revised and agreed with the UCU (formerly AUT), UNISON, Amicus-MSF, TGWU and GMB Unions during February 2006.