Grievance Procedure

1. Grievance procedure statement

1.1. The aim of the Grievance Procedure is to settle individual grievances quickly, as near as possible to the source of the grievance and, wherever possible, at the informal stage. All parties concerned should respect the confidentiality of the proceedings and should act in good faith to seek a successful resolution of the issue. The University of Glasgow is committed to ensuring that all members of staff who have a grievance should, wherever possible, seek to resolve the grievance by informal means to the satisfaction of all parties.

1.2 This Procedure applies to matters, individual or collective, of concern raised by a member/s of staff relating to the application of his or her terms and conditions of employment or to his or her working environment and relationships. This shall not preclude the identification of a point of principle associated with the application of terms and conditions of employment. In such circumstances, the matter will be referred to the relevant Joint Committee for the staff group concerned thereby excluding it from further consideration under this Grievance Procedure. This Procedure does not apply where other University procedures are available e.g. in relation to the outcome of promotion/re-grading. Where a grievance relates to an allegation of harassment, it is expected that the person raising the grievance will, in the first instance, follow the procedures contained within the Harassment Policy in order to attempt to reach an agreed settlement at the informal stage.
Where a number of members of staff are aggrieved about the same issue, an individual member of staff may pursue the matter on behalf of the group. In such circumstances, the members of staff will be required to confirm in writing the details of the issue and that they have nominated an individual to proceed on their behalf.

1.3 A common Grievance Procedure applies to all staff employed by the University including full-time and part-time staff, whether permanent or fixed term or casual workers.

1.4 The Grievance Procedure defines timescales which are intended to ensure that all parties attempt to resolve issues promptly. It is recognised that timescales may be lengthened by mutual consent but the overall intention is to retain an effective and timely process.

Please note:

(i) The Grievance Procedure in respect of academic and academic-related staff is governed by the Commissioners' Ordinance (SI No 2698, 1992). This Procedure reflects the provisions of that Ordinance adapted so far as is possible, to reflect the position of other categories of staff.

(ii) References are made to "Head of Department or equivalent" in the Procedure. Where there is no obvious Head of Department, a list of those staff designated to investigate complaints is held by the Human Resources Department and should be consulted prior to any investigation commencing.

2. The informal stage

A complainant who wishes to invoke the procedure must state their grievance in writing to their Line Manager (ideally on one A4 sheet), making it clear that the complaint is at the informal stage and clarifying against whom the grievance is directed.
The complainant should specify a proposed solution that will address the grievance.
The Line Manager will discuss the grievance with the complainant and any other person who may be involved, within 10 working days of receiving the grievance.
The Human Resources Department can provide appropriate guidance, advice and support.
The relevant Trade Union can be consulted by the complainant at this stage if the complainant wishes.
If the Line Manager is the subject of the grievance then the matter should be raised at the next level of management.
The outcome of a grievance resolved at the Informal Stage will be noted in writing and retained by all relevant parties.
Decisions should be reported to the complainant within 15 working days of the grievance being heard.
All records and documents are confidential and will not be disclosed to or discussed with any person who is not directly involved in the grievance.

3. The formal stages

3.1 Stage 1

Where a resolution has not been reached at the Informal Stage or the complainant does not believe that resolution will be possible at the informal stage then the complaint may be raised as a formal grievance.
The complainant must state the nature of grievance, in writing, (ideally one A4 sheet) to Head of Department or other person designated by the Dean (or equivalent) as competent to deal with such complaints, with a copy to the appropriate territorial Human Resources Manager.
The grievance statement must provide concise details of the nature and circumstances of the allegation(s) including, where appropriate, supporting evidence.
The grievance must be sent within 10 working days of the failure of the Informal Stage to reach a settlement, if escalated to the formal stage.
A member of staff senior to any of the parties previously involved will normally conduct an investigation into the substance of the grievance within 10 working days of receiving the grievance and will decide on the outcome.
Where this is not possible within a department, a member of the University's Grievance Panel will conduct the first stage.
The normal expectation is that all key parties will attend any hearing.
An investigation will normally be completed and decision given within 15 working days of hearing the grievance details.
The decision will be issued in writing to both the individual raising the grievance and the subject of the grievance, and will give reasons for the decision.
Where the case is particularly complex, the time limit for a decision to be communicated may be extended to 30 working days by the person investigating the grievance, provided that the complainant agrees

3.2 Stage 2

Where the complainant believes that the decision reached at Stage 1 was unreasonable, or believes that there were procedural irregularities, Stage 2 can be invoked.
The Principal, or a Grievance Committee (established by the University Court acting on the Court's behalf), will review the grievance.
The grievance must be submitted, in writing, to the Principal, or nominee, within 5 working days of receipt of the Stage 1 decision. The reasons for requesting a review should be clearly stated.
Investigation of the grievance will normally be completed within 30 working days. The decision will be given within 5 working days of the completion of the investigation.
The Grievance Committee will comprise a convenor, one member of the University Court not being a person employed by the University, a member of the Grievance Panel and one other relevant member of staff. The Grievance Committee may choose to appoint a member of staff to conduct an investigation on its behalf. The Investigator so appointed will have powers to review all aspects of the grievance on behalf of the Grievance Committee.
The investigation will be completed within 15 working days, enabling the review of the Grievance Committee to normally be completed within 15 working days thereafter. The Grievance Committee will inform the member of staff raising the grievance, and the subject of the grievance, of its decision normally within 5 working days of the completion of the review.
In addition, the outcome of its review will be reported to the University Court at the next meeting in an anonymised and summarised form.
The decision reached exhausts the internal Grievance Procedure.

4. Guiding principles

4.1 Promptness by which all parties must aim to prioritise arrangements, such as availability to attend meetings, to ensure the prompt resolving of the grievance.

4.2 Fairness by which it is understood that all parties will be treated even-handedly. A member of staff raising a grievance has the right to have a complaint investigated and dealt with in an unbiased manner. A person who may be the subject of a grievance has the right to respond to any allegations made about him/her. All parties are entitled to be heard with courtesy and respect.

4.3 Confidentiality by which statements, letters and other communications are confidential to those involved in the procedure and information relating to the substance of the grievance should not normally be divulged to a third party without the permission of the person raising the grievance. Notes of interviews will be kept and a formal record written up as soon as possible. Interviewees will be invited only to confirm the veracity of their statements. Individuals seeking redress under this procedure accept that for purposes of determination of the issue(s), they permit relevant disclosure to the parties involved in the process, as provided by the provisions of the Data Protection Act (1998). Evidence will normally be fully shared unless the person producing it specifically objects to its unredacted disclosure to other parties in which case an edited version will be shared with any information that might identify individuals removed.

4.4 Representation by which it is understood that the person raising the grievance and any member of staff who is subject of a grievance are entitled to be accompanied at any hearing. Representation may be provided by a fellow worker of the University or an officer of a trade union. The representative will be able to address the hearing and provide advice during it. Legal representation is not permitted for either party. Witnesses cited by either party would not normally have the right to representation however they may be accompanied if they wish although the person accompanying them can play no part in the proceedings.

4.5 Equal opportunities by which it is understood that all members of staff with a grievance have the right to be heard without any distinction as to sex or gender, sexual orientation, marital or parental status or other family circumstance, race, ethnic or national origin, colour, creed, disability, political belief, age, membership of or activities as part of a trade union, or social or economic status. Recourse to statutory remedies such as an employment tribunal will also be available where appropriate.

5. General issues

5.1 Training
It is important that all those involved in investigating a grievance have received training in the use of this Procedure. Those who are not trained will not be allowed to operate this Procedure. The advice of Human Resources Department should be sought, if appropriate.

5.2 Role of Human Resources Department
The role of Human Resources Department is to advise on the operation and application of this Procedure and associated matters. This may involve facilitating or seeking acceptable solutions and in ensuring consistency of resolution across the University. Where appropriate, and with the agreement of all parties, an external mediator can be arranged. All parties will be tied to any resolution, as proposed by the mediator, with no avenue of appeal.
The Human Resources Department must be notified, by the Head of Department of all formal grievances raised.

5.3 Time Limits
Time limits for action are detailed throughout the procedures and should be adhered to. Both parties must agree, in writing, any variations in timescale.
It is the responsibility of the Head of Department, or other person investigating the grievance, to ensure that the time limits set out in this procedure are adhered to.
If excessive delay occurs on behalf of either party, without good reason, then it may result in the grievance case proceeding to the next Stage or the imposition of a solution at the level of the Procedure at which the failure has occurred.
There will normally be a three month time limit, from the cause of a grievance, within which the grievance can be raised.

5.4 Grievance Panel
A Grievance Panel of staff, all with significant experience of dealing with employment issues and who have received appropriate training in the Grievance Procedure and in employee relations more generally will be available, as required. The Court-approved Panel will include staff from a broad range of staff categories and will comply with the principles of diversity. A member of the Panel will be selected to hear a case where appropriate managers in a department have been involved in earlier stages of the Procedure. The Panel member will be selected, according to the level of the case being heard, by the Territorial Vice-Principal, the Director of Human Resources and a member of the Joint Union Liaison Committee. The Panel member will be free to co-opt local expertise, if pertinent, and will have authority, delegated by Court to implement changes to work patterns or organisational arrangements in the same way as a Head of Department. If appropriate, two Panel members may be selected to hear a case.

5.5 Scottish Public Sector Ombudsman (SPSO)
Staff who have exhausted the internal grievance procedure and are dissatisfied with the way that the University of Glasgow has applied its own procedure are entitled to refer their complaint to the SPSO. The SPSO cannot investigate action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.

Grievance flowchart

Court approved December 2006

UNIVERSITY of GLASGOW