Grievance Policy

Introduction

This policy is based on and complies with the 2015 ACAS Code of Practice (http://www.acas.org.uk/index.aspx?articleid=2174.

It also takes account of the ACAS guide on discipline and grievances at work. https://www.acas.org.uk/media/1043/Discipline-and-grievances-at-work-The-Acas-guide/pdf/DG_Guide_Feb_2019.pdf ).

It also takes into account relevant law affecting Councils.

It aims to encourage and maintain good relationships between the Council and its employee(s) by treating grievances seriously and resolving them as quickly as possible. It sets out the arrangements for employee(s) to raise their concerns, problems or complaints about their employment with the Council. The policy will be applied fairly, consistently and in accordance with the Equality Act 2010.

Principles

At every stage in the procedure, the employee will be given the opportunity to state their case before any decision is made.

Grievances will be dealt with promptly and consistently by Bierton Parish Council.

At all formal stages, the employee will have the right to be accompanied by a ‘companion’ (a work colleague or trade union representative).

Audio or video recordings of the proceedings at any stage of the grievance procedure are prohibited, unless agreed by all affected parties as a reasonable adjustment that take account of the employee’s medical condition.

An employee will have the right to appeal against the decision about their grievance. The appeal decision is final.

Employees can only use all stages of the grievance procedure if the complaint is not a code of conduct complaint about a councillor.

Information about an employee’s grievance will be restricted to those involved in the grievance process. A record of the reason for the grievance, it’s outcome and action taken is confidential to the employee.

At no time will an employee be penalised or victimised for having raised a grievance against the Council.

The Procedure

Informal Procedure

The Council and its employee(s) benefit if grievances are resolved informally and as quickly as possible. Employee(s) should, where possible, discuss a grievance or complaint with the Chair of the Parish Council on an informal basis first. The Chair will discuss any concerns with the employee and attempt to resolve the matter within a reasonable timescale. Where it is not possible for the employee to talk to the Chair as the grievance concerns them the employee should instead talk to the Vice Chair of the Parish Council.

Where the informal procedure is used, both parties should keep a written record of the meeting, including what was discussed and any proposed action.

Where the matter is more serious or informal action has not brought about the necessary improvement the formal procedure below will be used.

Formal Procedure

If it is not possible to resolve the grievance informally, the employee will send a written statement detailing the nature of the grievance to the Chair of the Parish Council or where it is the Chair who is the subject of the grievance, the employee should instead send the written statement to the Vice Chair of the Parish Council.

The Chair will appoint a Grievance Panel of three members of the Parish Council to investigate the grievance which may include interviewing others (e.g. employees, councillors, contractors, members of the public).

The Grievance Panel will appoint a Chair from one of its members.

No councillor with direct involvement in the matter shall be appointed to the Grievance Panel.

Notification: within 14 calendar days of the Council receiving the employee’s grievance (this may be longer if there is an investigation), the employee will be asked, in writing, to attend a grievance meeting. The Grievance Panel’s letter will include the following:

  • the names of it’s Chair and other members;
  • a summary of the employee’s grievance based on their written submission;
  • the date time and place for the meeting. The employee will be given notice of the meeting which will be within 25 working days of when the Council received the grievance;
  • the employee’s right to be accompanied by a companion (a workplace colleague, a trade union representative or a trade union official);
  • a copy of the Council’s grievance policy;
  • confirmation that, if necessary, witnesses may attend (or submit witness statements);
  • on the employee’s behalf and that the employee should provide the names of their witnesses at least five working days before the meeting;
  • findings of the investigation if there has been an investigation;
  • a request that the employee will provide the Grievance Panel with any supporting evidence at least five working days before the grievance meeting.

Investigation

If the Grievance Panel decides that it is appropriate (e.g. if the grievance is complex), it may appoint an investigator to carry out an investigation before the grievance meeting to establish the facts of the case. The investigator may be an appropriate employee, councillor or external party. The investigation may include interviews (e.g. the employee submitting the grievance, other employees, councillors or members of the public).

The investigator will summarise their findings (usually within an investigation report) and present their findings to the Grievance Panel.

Grievance Meeting: at the grievance meeting:

  • the Chair will introduce the members of the Grievance Panel to the employee;
  • the employee (or companion) will set out the grievance and present the evidence;
  • the Chair will ask the employee questions about the information presented and ask what action they want the Council to take;
  • any member of the Grievance Panel and the employee (or companion) may question any witness;
  • the employee (or companion) will have the opportunity to sum up the case.
  • a grievance meeting may be adjourned to allow matters that were raised during the meeting to be investigated by the Grievance Panel.

The companion cannot answer questions put to the employee, address the meeting against the employee’s wishes or prevent the employee from explaining their case.

Employees and their companions must make all reasonable efforts to attend. If the companion is not available for the proposed date of the meeting, the employee can request a postponement and can propose an alternative date that is within five working days of the original meeting date, unless it is unreasonable not to propose a later date.

The Chair will provide the employee with the Grievance Panel’s decision, in writing, within five working days of the meeting, though may be longer e.g. when further investigations are required. The letter will notify the employee of the action, if any, that the Council will take and the employee’s right to appeal.

The Appeal

If an employee decides that their grievance has not been satisfactorily resolved by the Grievance Panel, they may submit a written appeal to the Chair of the Parish Council.

An appeal must be received by the Council within five working days of the employee receiving the Grievance Panel’s decision and must specify the grounds of appeal.

Appeals may be raised on a number of grounds, for example:

  • a failure by the Council to follow its grievance policy;
  • the decision was not supported by the evidence;
  • the action proposed by the Grievance Panel was inadequate/inappropriate;
  • new evidence has come to light since the grievance meeting.

The appeal will be heard by an Appeal Panel of three members of the Parish Council who have not previously been involved in the case.

The Appeal Panel will appoint a Chair from one of its members.

The employee will be notified in writing, within 10 working days of receipt of the appeal, of the time, date and place of the appeal. The meeting will take place within 25 working days of the Council’s receipt of the appeal.

The employee will be advised they may be accompanied by a companion (a workplace colleague, a trade union representative or a trade union official).

At the appeal meeting, the Chair will:

  • introduce the Appeal Panel members to the employee;
  • explain the purpose of the meeting, which is to hear the employee’s reasons for appealing against the decision of the Grievance Panel;
  • explain the actions the Appeal Panel may take.

The employee (or companion) will be asked to explain the grounds of appeal.

The Chair will inform the employee that they will receive the decision and the Appeal Panel’s reasons, in writing. This may be within 14 calendar days of the Appeal Panel meeting. However it may be longer where further investigations are required.

The Appeal Panel may decide to uphold the decision of the Grievance Panel or substitute with its own decision.

The Appeal Panel’s decision is final.

Confidentiality

Information about an employee’s grievance will be restricted to those involved in the grievance process. A record of the reason for the grievance, its outcome and action taken is confidential to the employee.

Record Keeping

In all cases, written records of the nature of the grievance raised, the employee’s response, action taken (with reasons), details of any appeal and subsequent developments will be retained and kept in accordance with the Council’s Data Protection Policy.

Grievances Raised During Disciplinaries

If an employee who is already subject to a disciplinary process raises a grievance, the disciplinary process may be suspended temporarily in order to deal with the grievance. Where the grievance and disciplinary cases are related it may be appropriate to deal with both issues concurrently.

This policy was adopted in October 2026