HUMAN RESOURCES
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Grievance & Appeals Procedure - Schools Page 1
GRIEVANCE AND APPEALS PROCEDURE - SCHOOLS

INTRODUCTION

This procedure applies to all school based teaching and
support employees and is in accordance with the statutory
three step grievance procedure.
The aim of this procedure is to deal with grievances
quickly, fairly and consistently and at the appropriate level
of management.
An employee may if they wish be accompanied or
represented throughout the process at each stage by a
work colleague or designated Trade Union/Professional
Association Official. However, this right does not extend to
friends/family or professional persons such as solicitors
and barristers.
2.
APPLICATION OF THE
PROCEDURE

The procedure should be used by employees who
consider the School has failed to adequately apply their
rights arising from their contract of employment, conditions
of service or statutory entitlements for example:-
Terms and conditions of employment
Health and Safety
Work relations
New working practices
Working environment
Organisational change
Equal Opportunities
There are, however, some issues which the procedure is
unable to deal with and other appropriate procedures
should be used. These are:-
Matters relating to discipline, performance in
employment (capability), long term ill health and
managing attendance. These policies include
Rights of Appeal.
Recruitment issues are addressed by the
Recruitment Complaints Procedure. See
Recruitment and Selection Code of Practice
Issues concerning disagreement regarding Job
Evaluations are dealt with under the Job
Evaluation Appeals Procedure.
Issues concerning bullying, harassment and
victimisation are dealt with under the Dignity at
Work Procedure.
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2.3 Also where the matter is outside of the control of the
school e.g.
Issues regarding statutory adjustments to pay and
allowances (e.g. national insurance, income tax,
pension scheme). These should be raised with
the schools payroll provider.
Personal matters not directly related to
employment. In these cases an employee should
contact their Line Manger who may be able to
assist. Advice can also be sought from the schools
Human Resource provider.
.3
INFORMAL STAGE

Grievances should be dealt with informally in the first
instance, therefore, if an employee has a grievance they
should discuss it with their Line Manager/Head of
Department. Alternatively, if the grievance relates to their
Line Manager/Head of Department, they should raise this
with the next most senior person or alternatively the Chair
of Governors.
If the grievance is of a particularly sensitive nature, the
initiator may wish to present their grievance in writing prior
to the informal discussion. If this is the case, it should be
clearly indicated on the written submission that it is
intended for the informal stage of this procedure and that
the initiator is in agreement for the written submission to
form the basis of the subsequent discussion with their
Line Manager/Head of Department.
The person to whom the employee has raised their
grievance with should arrange to meet with the employee
to consider the grievance and respond to the employee by
the end of the next working day (or within a reasonable
timescale agreed with the employee but not more than 5
working days) unless it is considered that the grievance
should be dealt with formally straight away.
Should the Line Manager/Headteacher need to investigate
the issue further, the employee should be informed of their
intention and arrangements made for an appropriate time
to reconvene the meeting.
The Line Manager/Headteacher should inform the
employee of his/her decision at the reconvened meeting,
making a note of the outcome for future reference.
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3.6 If the school purchases their Human Resource Services
from BMBC, mediation is also available at this stage if it is
felt appropriate that a neutral person to the grievance
could assist in the discussions between the aggrieved to
reach a solution. Mediation may also be available through
other HR service providers, however this should be
ascertained with the provider at the outset of this
procedure.
4.
FORMAL STAGE - STEP 1

If an employee is dissatisfied with the response they have
received through the informal stage OR if it is considered
that their grievance should be dealt with formally straight
away they must inform their manager in writing by
completing a Grievance Notification Form (GN1).
When completing the form as much detail as possible
should be provided by the employee and should include
an outline of how the employee thinks the grievance can
be resolved.
The Grievance Notification form should be sent to the
Headteacher.
If the grievance is regarding the Headteacher, the
Grievance Notification form should be sent to the Chair of
Governors at the earliest opportunity.
The Line Manager/Headteacher/Chair of Governors
should consider the detail of the GN1 form and investigate
the issue further so that a response from management
can be provided to the employee at a subsequent hearing.
It may be necessary to meet with witnesses and take
witness statements.
5.
FORMAL STAGE - STEP 2
GRIEVANCE HEARING

The Headteacher/Chair of Governors will arrange a
meeting to be held within 15 working days of receipt of the
Grievance Notification Form. The time, date and venue of
the meeting will be confirmed in writing as well as the right
to be accompanied/represented as per 1.4.
If the employee's representative/person accompanying
them cannot attend on a proposed date, the employee can
seek to arrange another date as long as it is reasonable
and is not more than 5 working days after the original date
set.
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The meeting will be held with the appropriate panel of the
Governing Body, usually the Staffing Committee,
comprising of not less than three panel members OR the
Headteacher if this has been formally agreed by the
Governing Body. Should the issue be particularly complex,
it may be appropriate for an Human Resources Advisor
from the schools Human Resources provider to be present
at the hearing to provide procedural advice to the panel.
Any documents that will be presented by either party at the
hearing, for example witness statements, must be
exchanged no less than 5 working days before the
meeting takes place. Where documentary evidence is
submitted the source and date should be included.
All witnesses are required to attend the Hearing to be
questioned. However, in some circumstances it may be
impracticable or unacceptable for the witness to be
present at the hearing and in which case a copy of the
written statement will be provided. Witnesses can be
accompanied but not represented by a Trade Union or
Professional Association Representative or work
colleague.
Where it is impractical or unacceptable for the witness to
attend the Hearing the Headteacher should seek to reach
agreement with the employee/representative regarding the
non attendance of the witness and the utilisation of a
written statement.
Where agreement cannot be reached the
employee/representative may wish to submit a series of
questions that they wish the witness to provide a written
response to prior to the Hearing. Alternatively,
consideration should be given to the use of a video link or
other suitable method to allow the witness to respond to
questions during the Hearing. In instances where the
witness refuses to participate, their statement will be
disregarded.
A brief overview of management's case will be included
with supporting documentation.
6.
FORMAL STAGE - STEP 2
PROCEDURE TO BE
FOLLOWED AT A
GRIEVANCE MEETING

The employee or representative present their case first
and call witnesses as appropriate.
Please note that witnesses called for either party should
only be present in the meeting to present their information
but may be asked to be available for the duration of the
meeting should further clarification be required. A
separate waiting area will be arranged. After the
presentation of information or clarification the witness will
be requested to withdraw from the meeting after the
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management and/or representative and the panel
members have had the opportunity to ask questions of
any witnesses as they so wish on points of clarification
only.
Management may ask questions of the employee's case
on conclusion of its presentation, followed by any further
questions from the panel on points of clarification only.
The management's representative will present their
response and call such witnesses as appropriate.
The employee/employee's representative may ask
questions of the management case on conclusion of its
presentation, followed by any further questions from the
panel on points of clarification only.
Both parties may ask any further questions if necessary of
each other on points of clarification only.
Panel members may ask further questions of both parties
in turn if necessary. The questions will be directed to
establishing or clarifying the fact of the case and both
parties will have the opportunity to answer if they wish
The employee (or representative) will summarise their
case.
The management's representative will summarise their
case.
Everyone except members of the panel and their
advisor(s) will withdraw. Before a decision is reached the
Advisor to the panel may also be asked to withdraw.
The Panel members will then deliberate the facts of the
case, only recalling both parties and witnesses as
appropriate to clear any points of uncertainty.
The Panel will then announce its decision to the parties or
choose to postpone making the decision until after the
meeting. Either way, the decision will be confirmed, and
the reasons for it, in writing as soon as is possible after
the meeting but no later than 15 working days.
7.
FORMAL STAGE - STEP 3
GRIEVANCE APPEAL
MEETING

If an employee continues to be aggrieved an appeal
should be made to the Appeals Committee of the
Governing Body within 10 working days of receipt of the
decision in writing using the Appeal Against Grievance
Decision form (AGD1).
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The Human Resource service provider for the school will
organise the appeal meeting.
The hearing will take place as soon as is practicably
possible to arrange but no longer than 20 working days
after receipt of the appeal (except in exceptional
circumstances) and will be heard by the Appeals
Committee of the Governing Body, which should comprise
of the same number of panel members as the Committee
who heard the case under Stage 2 of the procedure. A
mutually convenient time and venue will be agreed.
The Appeals Committee of the Governing Body will require
each party to submit a written Overview of case at least 3
working days before the date of the hearing. The parties
should exchange Statements of Case before submission
to the Appeals Committee of the Governing Body and
seek to clarify any facts which may be in dispute prior to
submission.
The Appeals Committee will be advised by their Human
Resources Provider. This must be an officer who has had
no previous involvement in the case.
8.
FORMAL STAGE - STEP 3
FINAL STAGE
PROCEDURE TO BE
FOLLOWED AT A
GRIEVANCE APPEAL
MEETING

The employee or representative will present their case
first and call witnesses as appropriate.
Please note that witnesses called for either party should
only be present in the meeting to present their information
but may be asked to be available for the duration of the
meeting should further clarification be required. A
separate waiting area will be arranged. After the
presentation of information or clarification the witness will
be requested to withdraw from the meeting after the
management and/or representative and the panel
members have had the opportunity to ask questions of
any witnesses as they so wish on points of clarification
only.
Management may ask questions of the employee's case
on conclusion of its presentation, followed by any further
questions from the panel on points of clarification only.
The management's representative will present their case
and call such witnesses as appropriate.
The employee/employee's representative may ask
questions of the management case on conclusion of its
presentation, followed by any further questions from the
panel on points of clarification only.
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Both parties may ask any further questions if necessary of
each other on points of clarification only.
Panel member(s) may ask further questions of both parties
in turn if necessary. The questions will be directed to
establishing or clarifying the fact of the case and both
parties will have the opportunity to answer if they wish.
The employee (or representative) may summarise their
case but shall not introduce any new matter.
The management's representative may summarise their
case but shall not introduce any new matter.
Everyone except members of the panel and their
advisor(s) will withdraw. Before a decision is reached the
advisor(s) to the panel may also be asked to withdraw.
The Appeals Committee will then deliberate the facts of
the case, only recalling both parties and witnesses as
appropriate to clear any points of uncertainty.
The Appeals Committee will then announce its decision to
the parties and confirm the decision and the reasons for it
in writing as soon as is possible after the meeting.
The decision of the Appeals Committee is final.
9.
GRIEVANCES RECEIVED
IMMEDIATELY PRIOR TO
EMPLOYMENT ENDING
 The employee may submit a grievance immediately prior
to termination. This may not necessarily be recorded on a
GN1 Form and could relate to issues relating to their
employment detailed within the letter of resignation. Post
termination grievances should normally be dealt with
under the three step procedure detailed above. However,
the employee may request that the matter is dealt with
under the two step (modified) procedure due to the limited
time remaining until termination of employment.
Headteachers should only utilise the two step procedure
where the employee is in agreement (refer to 10.3).
10.
GRIEVANCES AFTER
EMPLOYMENT HAS ENDED

The three step Grievance Procedure detailed above does
not apply where the employee is no longer employed. In
such cases it is no longer practicable for the employee to
attend a formal Hearing.
However, if an employee raises a grievance immediately
after leaving, the employer has a legal obligation to give
the employee a written answer to the grievance. This is
referred to as the modified or two step procedure. The
two step procedure does not afford the former employee
the right of appeal
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10.3 Please note that this could be issues/concerns raised in
documentation received post termination e.g. exit
questionnaire and not necessarily the submission of a
GN1 form. If any issues or concerns are raised these
should be considered to constitute a grievance, the matter
investigated by an impartial Manager and a written
response provided to the employee (as legally required).
11.
IMPACT ASSESSMENT
 This policy has been impact assessed by Human
Resources. If on reading this policy/procedure you feel
there are any equality and diversity issues, please contact
your Directorate HR Advisor who will, if necessary, ensure
the policy/procedure is reviewed.
12.
INCOME TAX AND
NATIONAL INSURANCE
IMPLICATIONS
 There are no Income Tax or National Insurance
implications arising from this procedure.


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