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GRIEVANCE PROCEDURE
Scope of Procedure This procedure covers all LAS employees and it has been designed to provide a fast and effective mechanism for dealing with: - Individual grading appeals. - Appeal against failure to locally apply nationally agreed conditions of service or an LAS policy which affects staff terms and conditions. - Appeal in respect of the work of an LAS employee which can be determined and remedied by LAS. These are the only grounds for pursuing an individual grievance. The procedure does not apply to settling differences relating to: - Dismissal or any disciplinary matter. - Disputes appropriate to resolution in accordance with Section 33 of the General Whitley Council conditions. - Organisational change.
- Matters for which it has been agreed that specific Whitley Council procedures will apply. - Sexual or racial discrimination (dealt with under the discipline procedure). - A subject which, if an appeal was upheld, would entail a change in the Services' work policies. In addition, it should be noticed that there is no appeal against: a) failure to be selected for a post or training provision (dealt with under separate procedures). b) failure to obtain a discretionary award or benefit. c) grading for staff employed on senior or general managers' contracts.
General conditions for Procedure The aim of the procedure is to settle a grievance as quickly and as close to its source as possible. Time limits are laid down for each stage as it is hoped that these will provide a framework in which to resolve a grievance and are therefore regarded as a maximum. Employees raising a grievance have the right to be accompanied at each stage of the hearing by a trade union representative, colleague or friend. It is the employee's responsibility to arrange to be represented. Legal representation is not allowed. Where an employee who has registered a grievance subsequently leaves the Service the grievance procedures will cease immediately the employee leaves. Registration of a grievance under this procedure shall not prevent or postpone disciplinary action being taken against the employee. Unless there has been a significant change in circumstances, the same complaint, eg regarding individual grades, cannot be raised again. Where the grievance relates to the application of an agreement reached through the Whitley Council either party may seek clarification as to the intended interpretation of the Agreement from the Joint Secretaries of the Whitley Council if the Secretaries agree to provide that clarification. The Grievance Panel shall consist of three members of the LAS Board which should comprise a combination of Executive and Non-Executive members. Staff representatives and employees who require time away from their jobs under this procedure shall request time off from their manager(s) which shall not be unreasonably withheld. The grievance procedure report form must be completed, one copy to be retained by employee and/or representatives and one by manager to record decisions reached at each level and reasons for these decisions. This procedure follows good industrial relations practice a promulgated by ACAS.
Procedure Stage I. Any employee with a grievance admissible under this procedure should discuss it with there immediate manager or Head of Section for admin and clerical staff, or Workshop Supervisor for engineering employees. The manager will investigate the matter and give their reply within one week. Where a manager are themselves the subject of a grievance the next stage of the procedure will be introduced. Stage II. If the employee is dissatisfied he/she may take the matter to their divisional manager/head of section's immediate superior who will investigate the matter in consultation with the manager with whom the grievance was first raised. A meeting will be arranged at the end of one week. If a delay occurs, a new date will be mutually agreed. Stage III. If an employee grievance remains unresolved, he/she may appeal to the next level which can be dealt with by the Assistant Director or equivalent for admin and clerical staff. Within two weeks a meeting will be convened for all parties with a view to settling the grievance. If a delay occurs, a new date is to be mutually agreed. Stage IV. If the employee remains dissatisfied he/she may appeal in writing to the LAS Board through the Director of Human Resources. The committee set up by the LAS for this purpose will consider the grievance within three weeks. If a delay occurs, a new date is to be mutually agreed. Stage V. Where issues of principle are subject to this procedure and are supported by the Trade Unions, a final stage may be involved whereby an independent panel of 3 members would be arranged. The panel would consist of an independent Chair and a member from each side. |
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