Policy statement

 Aims:

The aims of this policy and procedure are to:

·         Maintain good working relationships for the benefit of employees and customers;

·         Provide a consistent framework for promptly and effectively dealing with any concerns raised by employees;

 Promote fairness and transparency when responding to employees who have concerns;

·         Make sure that any necessary improvements or adjustments to working practices are made following a grievance;

·         Ensure the rights of employees are protected and that complaints to employment tribunals are avoided.

Legal requirements

The Care Worker Agency grievance policy and procedures are in line with the ACAS statutory Code of Practice (2009) on discipline and grievance. The Code provides practical guidance to employers, employees and their representatives and sets out principles for handling disciplinary and grievance situations in the workplace. Employment tribunals will take the Code into account when considering relevant cases.

All new employees receive a copy of the grievance policy and procedure within the staff handbook. The staff handbook informs employees about the standards of conduct and work performance expected of them.  Managers ensure that the standards and these procedures are fully understood by new employees as part of their induction.  Managers give employees a further copy of the grievance policy and procedure if an employee raises concerns that cannot be resolved informally.

Managers must always seek legal advice where an employee raises a formal grievance. This is to protect the employee and the company.

Scope

This policy applies to all employees of The Care Worker Agency It describes the principles and processes for dealing with concerns or complaints raised by employees. These may relate to*:

• terms of employment or new working practices
• pay and working conditions
• disagreements with coworkers or managers
• discrimination
• the way the employee feels that they  are being treated at work
• not getting statutory employment rights

*This list is not definitive. The grievance procedure does not apply to redundancy, dismissals or the non renewal of fixed term contracts upon their expiry.

Key principles

·         Managers will apply good management principles in their dealings with employees and will promote positive working relationships. They will encourage an open dialogue to facilitate a shared understanding of expectations (refer to policy on Performance Management for further guidance).

·         The manager and employee will always seek to resolve any concerns raised by the employee informally. The manager will listen to what the employee has to say and will take any concerns that they raise seriously and without prejudice.

·         Where an issue cannot be resolved informally, the employee should raise the matter formally and without unreasonable delay with a manager. This must be in writing and must set out the nature of the grievance.

·         The manager will always hold a meeting with the employee to discuss their grievance. This will be arranged without unreasonable delay. The employee will have the right to be accompanied by a colleague or trade union official. To exercise this right the employee must make a reasonable request to the manager.

·         Attendees at the grievance hearing will be provided with copies of any written evidence including witness statements.

·         The timescales detailed within the procedure will be followed unless variation is mutually agreed. This will be by exception.

·         Managers whose responsibilities require them to conduct grievance hearings will be given appropriate training to enable them to undertake their role effectively and in a fair and impartial manner.

·         Managers and employees are expected to make every effort to attend interviews or hearings that are part of the grievance procedure.  If an individual is unable to attend the hearing, they will need to give notice and explain the reasons why.

·         Employees have a right of appeal against the outcome of the grievance hearing to the director of the company.

·         In line with The Care Worker Agency Equality Policy, the grievance procedure will not discriminate either directly or indirectly, on the grounds of gender, race, colour, ethnic or national origin, sexual orientation, marital status, religion or belief, age, trade union membership, disability, or any other irrelevant personal characteristics.

·         The Care Worker Agency will hold and destroy data relating to any grievance matters in line with their statutory duties under the Data Protection Act 1998 and GDPR (refer to The Care Worker Agency’s policy on Records Management for more information).

·         This policy and procedure will be reviewed following any changes to the legislation or within a period of not more than two years.

Communication to employees 

This policy and procedure will be communicated via:

·                      Induction training for all new employees;

·                      Performance management meetings as necessary;

·                      On The Care Worker Agency intranet for office based staff;

·                      Training for managers.

Quality monitoring

The application of the grievance policy and procedure will be monitored by the director of the company.

What our customers can expect

The Care Worker Agency grievance policy and procedure encourages positive working relationships. Where concerns are raised, these are dealt with promptly and fairly so that customers benefit from staff who feel that they are valued and supported.

Explanation of terms used in this policy

Grievance: A concern or complaint which is formally raised by an employee under this procedure.  The grievance procedure only applies where an employee has been unable to resolve the matter informally to their satisfaction.

Grievance hearing: A formal meeting to discuss the grievance, to hear all of the evidence and to determine what action, if any, should be taken to resolve the matter.

Grievance procedure

 Informal procedure

1.    In the first instance, the employee should attempt to resolve their concerns informally. They should request a meeting with their line manager to discuss their concern or complaint. The employee should clearly state the specific nature of the concern or complaint, when it occurred and how often etc. They are advised to keep a record of these discussions.

2.    The line manager will meet with the employee in private and will seek to address their concerns quickly and without prejudice. The manager will record the key points discussed, any agreed actions to resolve the issues and how progress will be reviewed. Both the manager and the employee will agree to the record and then sign it. The manager will provide a copy of this record to the employee.

3.    If the employee’s concern is in relation to the care manager, then they can raise the matter with the director of the company. Employees can do this by phoning the Registered Manager on 01704 545544.

4.    The manager and employee will arrange a meeting or telephone conversation within the timescale that they have agreed, to review whether the employee's concerns have now been resolved.

Formal grievance procedure

5.    Where the informal process fails to resolve the issue to the employee’s satisfaction, the employee should raise the matter formally in line with this grievance procedure. They should put their concerns in writing to the care manager. This will usually be within 10 working days of the end of the informal process (e.g. within 10 days of the review meeting/discussion) unless there are exceptional reasons as to why this is not appropriate. The letter from the employee should include:

a.    The nature of the grievance (e.g. what, who, when and where);

b.    What action they have taken to try and resolve the matter informally;

c.        How they would like to see the matter resolved (this must be reasonable and within the power of the company).

6.    The manager will consider whether the employee has any particular support needs. For example if the employee feels that they are the victim of bullying.

7.    The manager will write to the employee within 2 working days to:

a.    Acknowledge the formal grievance;

b.    Explain how the matter will be investigated, by whom and the timescale;

c.    Confirm the arrangements for the grievance hearing which will take place within 10 working days of the date of receipt of the grievance;

d.    Advise the employee of their statutory right to be accompanied at the hearing by a trade union representative or colleague.

e.        Provide a further copy of this grievance policy and procedure.

8.    If the employee decides that they would like to exercise their right to be accompanied, they must first make a reasonable request. This does not need to be in writing. What is reasonable will depend on the circumstances of each individual case. However, it would not normally be reasonable for employees to insist on being accompanied by a companion whose presence would prejudice the hearing. Nor would it be reasonable for an employee to ask to be accompanied by a companion from a remote geographical location if someone suitable and willing was available locally.

9.    The manager will instruct a member of their team to investigate the matters that have been raised. This investigating officer will prepare a report of their findings and send a copy to the employee (and their companion) at least 3 working days before the hearing.

10.  The purpose of the hearing is to consider the information and evidence and to try and find an amicable resolution to the employee’s concerns. It is important to try and put the employee at their ease.

11.  To maintain impartiality, the hearing will be chaired by the care manager or director who has not been part of the investigation.  At the hearing the chair will:

a.    Explain the purpose of the hearing;

b.    Invite the employee or their companion to restate their grievance and say how they would like to see it resolved;

c.    Consider the evidence in the investigating officer’s report;

d.    Allow the employee and their companion to ask any questions;

e.    Sum up the main points and any conclusions;

f.      Tell the employee when they will receive a written response and of their right to appeal.

g.        Consider if further information is needed and if so, adjourn the hearing to allow time for further investigation.

12.  After the hearing, the chair will either:

a.    Provide immediate feedback on their conclusions and confirm this in writing  together with any agreed actions within 2 working days; or

b.        Where necessary, write to the employee with the outcome within 7 working days to allow time for further investigation and consideration of the evidence.

13.  The letter to the employee will advise them of their right to appeal against the outcome.  If the employee wishes to appeal, they must write to the chair of the hearing within 10 working days stating why they are not satisfied.

14.  Their grievance will be reviewed and an appeals hearing will be arranged. This will be chaired by the director. The employee will be given 5 working days notice and will be advised of their right to be accompanied by a trade union representative or colleague.

15.  Following the hearing the director will write to the employee within 5 working days to inform them of the outcome and any actions that they intend to take.

16.  Within one month from the date of the hearing, the  director will monitor whether any agreed changes have been carried out and whether or not the concerns have now been resolved

17.  If the employee is still dissatisfied they may wish to seek independent advice from their legal representative or the organisations listed below. If both parties agree, then the company will consider arbitration through the Advisory, Conciliation and Arbitration Service (ACAS).

Organisations that can offer employees further advice

18.  Employees may wish to take independent advice.

The Pay and Work Rights Helpline can offer advice about:

·         National Minimum Wage rights

·         Working for an employment agency

·         The right not to have to work more than 48 hours a week against your will.

            Employees can call the helpline for free on 0800 917 2368.

ACAS (Advisory, Conciliation and Arbitration Service) offers free, confidential and impartial advice on employment rights such as holiday rights and sick pay. It can also help employees and employers who are involved in an employment dispute to identify practical ways of sorting out the problem.

Employees can call the helpline on 08457 474 747 or visit the web site at: www.acas.org.uk

Equality and Human Rights Commission offers advice or information about discrimination, equality and human rights.

Employees can contact the Equality and Human Rights Commission for free on:

·         England 0845 604 6610

·         Scotland 0845 604 5510

·         Wales 0845 604 8810

·         Northern Ireland 028 9024 3987

Other organisations

There are other organisations that may be able to provide free help with a whole range of issues including employment:

·         Citizens Advice - help with legal, money and other problems.

·         Community Legal Advice - help over the phone with benefits and tax credits, debt, education, housing, employment and family problems.

Records

19.    Managers will maintain records relating to the grievance. These will include:

a.    The nature of the grievance

b.    What was decided and actions taken

c.    The reason for the actions

d.    The outcome of any reviews

e.    Whether an appeal was lodged

f.      The outcome of the appeal

g.        Any subsequent developments.

20.  Records will be treated as confidential and be kept no longer than necessary in accordance with the Data Protection Act 1998 and GDPR regulations. This Act gives employees the right to request and have access to certain personal data.

21.  Copies of meeting records will be given to the employee including copies of any formal minutes that may have been taken. In certain circumstances (for example to protect a witness) the employer might withhold some information.

Reviewed in April 2025 by Fay Townsend-Jackson