The Employment Act 2002 (Dispute Resolution) Regulations 2004. Regulations implementing the new statutory disciplinary procedures were issued in March 2004 ahead of implementation in October 2004, together with a new Code of Practice from Arbitrary Conciliation and Advisory Service (ACAS).
Organisations must have a grievance procedure in place by October 2004. A 3-step procedure for use during employment, and a modified two-step procedure for when the employee is no longer employed.
A grievance is defined as "A complaint brought by an employee about their work, or about actions (by their employers, their employers' clients or their fellow employees) which affect them."
Serious issues raised could lead to the grievance procedure being put on hold while disciplinary investigations are undertaken.
1. Stage A - The person with a grievance writes formally to their Line Manager setting out their complaint, copied to the Case Management Team
2. Stage B - The Line Manager considers the written grievance and carries out any investigation or consultation as may be required. Before reaching a decision the employee must be invited to a meeting to discuss the matter. Stage B should be completed within 21 working days. The Line Manager then takes a decision and communicates the outcomes in writing to the complainant
3. Stage C - Appeal - If the complainant wishes to appeal this is heard at the next level of line management and must be made within 14 working days following receipt of the result of the meeting at Stage B
4. Where a grievance relates to suspected fraud or corruption this must be raised immediately with the Head of Internal Audit Department or the Fraud Response Manager who will manage any subsequent investigation.
No mandatory training is required but Line Managers must be familiar with the grievance procedures. It is recommended that officers tasked with investigating grievance issues should be trained in the necessary skills to undertake a fair and reasonable investigation.
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