Grievance Policy and Procedure - for Staff and Volunteers
“JACS recognises that it is often difficult for small employers (i.e. those with a single manager/owner and a very small number of employees) to conform to all the recommendations outlines below. In particular, such employers may find it impossible to hold a grievance appeal using a different person to chair the appeal than the person who investigated the grievance in the first place. Similarly, the size of an organisation may make it inevitable that the same person chairs a grievance hearing having previously acted as the investigator in the matter. In the Employment Law the Tribunal is able to consider the size and administration resources of the organisation in determining whether the employer acted reasonably. Providing employers in small organisations make every effort to ensure fairness, despite the limitations of their resources, the Tribunal should take that into account” We will do our upmost to meet the outlines in the procedures below, however note the above considerations as part of our organisation size.
(Although this policy may form part of a ‘Terms of Employment’ and may be used with regards to ‘Voluntary’ agreements it is not contractually binding).
1. Purpose of the Policy - We recognise that from time to time you may wish to seek redress for grievances relating to your employment/voluntary agreement. In this respect, our policy is to encourage free communication between you and our Lead Practitioner to ensure that questions and problems arising during the course of your employment/time with us volunteering can be aired and, where possible, resolved quickly and to the satisfaction of all concerned. At all times during this procedure confidentiality should be maintained by all involved. Therefore following procedure should be adopted where you have a grievance arising from your employment/voluntary agreement with us, except where the matter constitutes an appeal against a disciplinary decision which should be taken up in accordance with the organisations separate disciplinary appeals procedure.
2. Statutory Entitlement - Right to representation – Employees have the statutory right to be represented at any formal part of a grievance investigation. This representative can be either a working colleague or a union officer even if the organisation does not recognise Unions. The representative has the right to speak on behalf of the employee, state their case, and summarise the points made. However, the representative cannot answer questions on behalf of the employee.
3. Procedure -
Where you have a grievance arising from your employment/voluntary agreement you should initially raise the matter in writing with the Lead Practitioner. Alternatively, should your grievance concern the Lead Practitioner then you should seek further advice from JACS (jacs.org.je) who will be able to advice on the next steps of action.
The grievance should be raised in writing/orally directly with the Lead Practitioner Sophie Moulson.
You should be invited to attend a formal hearing at which your grievance will be investigated.
After due consideration, the Lead Practitioner will give a decision in writing, if possible within 5 working days of the matter being raised.
If the matter is not resolved, and you are dissatisfied, you may appeal this for further consideration. Due to the size of the business a ‘Third party’ will then be invited to consult, who should have no related interest in the matter. The records of the grievance will be shared with this nominated ‘Third party’ who will give further consideration to the problem. A decision will be given in writing, if possible within 10 days of the matter being referred to this stage of the procedure. This decision will be final.
Outcome of a Grievance - Whilst any employee/volunteer who has raised a grievance will be told whether or not the allegations have been upheld or otherwise, they will not be advised of any disciplinary action taken against another employee. Any matters of discipline relating to the findings being upheld following a grievance investigation will be dealt with as a separate issue and again confidentiality will be maintained.
Please also refer to the Code of Practice on grievance procedures for more information.