Grievance and dispute policy

1. Introduction
2. Purpose
3. Scope
4. Responsibilities, accountabilities and duties
5. Procedure or implementation
6. Training implications
7. Monitoring arrangements
8. Equality impact assessment screening
9. Links to any other associated documents
10. References
11. Appendices

Summary stages through which a grievance can pass:

1. stages one informal:
   • grievance raised with line manager (or if this is not possible with the next line of management)
   • hold informal meeting
   • discussions and resolution to be summarised in informal grievance resolution note
2. if resolution is unsatisfactory, or the grievances is sufficiently serious, it should be raised formally at stage two
3. Stage two formal:
   • meeting to be arranged within 21 calendar days with an appropriate manager
   • reply within 7 calendar days of meeting
4. If dissatisfied with stage two outcome appeal to be registered at next stage within 21 calendar days of written response
5. stage three appeal:
   • meeting to be arranged within 21 calendar days with senior manager
   • reply within 7 calendar days of meeting
6. collective grievance only, by joint agreement of the parties
7. advisory conciliation and arbitration service (ACAS)

Mediation can be accessed by the relevant parties at any point during all stages of the grievance.

1 Introduction

In accordance with the ACAS (advisory, conciliation and arbitration service) Code of Practice on disciplinary and grievance procedures as well as the Employment Rights Act 1996; Employment Relations Act 1999 and the Employment Act 2008, this procedure has been developed to provide an agreed means for employees, individually or collectively, to resolve grievances which affect the terms and conditions under which they work.

2 Purpose

• To facilitate grievances being settled fairly, with the minimum of delay and as near as possible to the point of origin before it becomes a significant issue.
• To integrate the means of handling both individual and collective grievances.
• To prevent the disruption of services by industrial action through the responsible use of this grievance and dispute procedure by management, employees and staff organisations.

Nothing in these objectives should preclude a solution being found to an employee’s grievance without recourse to these formal procedures

3 Scope

This procedure covers all employees employed under a contract of employment by the trust and all questions which may become a source of grievance to the employee including their job, conditions of service, banding or any other such matter which is within the trust’s authority to resolve. It is one of a number of policies and procedures designed to enable employees to raise concerns which they may have about their work.

The application of this procedure must be considered when any concern is expressed, recommended in writing by an employee, even where the primary purpose of the correspondence may not be to register that concern, or the concern is expressed in a letter of resignation The line manager must explore with the employee to clarify if their concern is a grievance to be addressed under this policy. If the concern is within a letter of resignation this clarity should be sought in a timely manner in order that the issue can be resolved prior to the end of the employee’s notice period.

4 Responsibilities, accountabilities and duties

4.1 Employees

Responsibilities for individual employees are:

• To raise their grievance without unreasonable delay.
• Wherever possible, seek to resolve their grievance informally.
• To attend any meeting(s) arranged to resolve their grievance with a companion as appropriate.
• To identify how they believe their grievance could be resolved if possible.
• To consider mediation as an agreed way forward.

4.2 Line managers

It is the responsibility of line managers:

• to deal promptly with any issues of concern raised by a member of their team
• in the first instance to seek to resolve an employee’s grievance informally, where possible
• provide reasonable notification of meetings or hearings to allow individuals to arrange suitable representation
• to explore with the affected employees whether mediation is a possible way forward

Line managers are accountable if they do not:

• do not apply the correct terms and conditions of employment in relation to their staff
• do not act consistently in dealing with all grievance issues

It is the duty of the line manager to:

• carry out any necessary investigations to establish the facts of the case.
• consult, as appropriate, with other members of management to find a satisfactory solution, such consultation is vital where a solution to the grievance may have implications for employees elsewhere in the trust or may establish precedence
• to seek the advice from a HR representative at all formal stages of the procedure

4.3 Human resources

It is the responsibility of the human resource department:

• to offer training to line managers on the practical implementation of this policy
• to monitor the consistent application of the policy by managers and adherence to the time limits set out in the policy

The human resources department are accountable for updating this policy in line with good practice and employment legislation.

It is the duty of the human resource department to provide advice to managers in the correct application of this procedure.

5 Procedure or implementation

5.1 Individual grievances

5.1.1 Stage one informal resolution

In keeping with the objective expressed in section 2 , where an employee has an enquiry, problem or grievance concerned with their job, conditions of service or banding, this should, in the first instance, be raised with their immediate line manager in order to try to resolve the matter informally. Only in cases where the concerns are significantly serious or if the employee is dissatisfied with the outcomes given at stage one should a grievance be raised at stage two, formal resolution. If the employee’s grievance relates to their immediate line manager they are encouraged to raise their concerns informally with the next level of management; if an employee is unsure of who this may be they can contact the human resources department for advice.

Matters concerning the calculation of pay or expenses should in the first instance be referred to the pay services department for resolution. The pay services department can be contacted in the first instance via their dedicated mailbox rdash.payservices@nhs.net.

A manager should seek to hold an informal meeting with the employee to understand their concerns, allow the employee to provide supporting evidence and discuss the impact it has had. Within this meeting the manager may be able to explore the reasons for the problem and work with the employee on solutions. There may be times when informal fact-finding needs to be carried out, for example seeking advice from others or exploration of the problem; if this is the case a follow up meeting with the employee should be arranged to agree a solution. Whilst the grievance has been dealt with informally an informal grievance resolution note detailing discussions and outcomes should be made and placed on the employees file (appendix A). If through these discussions there is wider learning this should be shared, where appropriate. At the employee’s supervision session following the informal grievance meeting a review of the outcome should take place to ensure the resolution is satisfactory, if it is found not to have fully addressed the problem further exploration should be undertaken which wherever possible should be mutually agreed by both parties.

The human resources department can be contacted for advice at this stage, if required.

In the event that the immediate manager feels the matter must be referred to a higher level of management for a decision this can still be done so at the informal stage.

If the employee feels the resolution given is unsatisfactory, or their concerns are significantly serious, they should refer their grievance to stage two, formal resolution, using the grievance notification form in appendix B.

5.1.2 Stage two formal resolution

Each grievance will be dealt with on an individual basis, unless a collective grievance is raised, and will normally be heard by the next level of management above the employee, unless the grievance relates to this manager in which case it will normally be heard by the level above.

If it has not been possible to resolve a grievance informally, the employee should set out the nature of their grievance formally in writing to their line manager or service manager utilising appendix B, notification of a formal grievance form. The employee should then be provided a copy of the advice to employees document (appendix C).

There may be occasions where due to the nature of the original grievance it is lodged straight at stage two which will allow for the concerns to be extensively investigated. This will be completed by someone impartial who isn’t the direct line manager but may be someone of the same banding as the manager.

The human resources department must be notified of any formal grievance raised and should be involved in any subsequent hearings meetings.

An appropriate manager, who has not previously been involved in the process, will be appointed to explore the grievance with the employee and they will arrange a meeting within 21 calendar days to discuss the issue, at which the employee may be accompanied by a companion. The chosen companion may be a fellow worker, a trade union representative or an official employed by a trade union. The employee will be given seven working days’ notice of the meeting. Guidance for preparing for and holding stage two hearings can be found in appendix D.

The hearing manager can adjourn the meeting to instigate any investigation that may be necessary, which will be completed without unnecessary delay. Having considered the grievance, the hearing manager can reconvene the meeting if appropriate. They shall provide a written response of their outcome within seven working days on conclusion of the meeting or investigation. If for any reason the timescales cannot be met, then the employee and their representative should be given an interim response, giving reasons for the delay. The hearing manager will decide on the appropriate outcome, whether to uphold the grievance and also whether to invoke any other policies, such as the disciplinary policy.

Whilst this policy enables the hearing manager to undertake investigation there may be some instances where it is appropriate for the hearing manager to appoint an impartial investigation officer who will compile an investigation report for presentation at a formal grievance meeting. This will be evaluated on a case by case basis and discussed with the employee, their representative if appropriate, and the human resources department.

If the employee remains dissatisfied, they will have 21 calendar days from the receipt of the written response to register an appeal.

5.1.3 Stage three appeal

If the employee remains aggrieved after stage two, they should register an appeal with a senior manager in accordance with the instructions given by the stage 2 manager, by again completing appendix B. The senior manager hearing the appeal must not have been previously involved within any part of the grievance.

The senior manager will arrange a meeting within 21 calendar days to consider the appeal . Present at the meeting will be the employee, their representative if applicable, and the stage 2 panel who will provide a management statement of case into their findings and decision. If appropriate, witnesses may be called to the meeting. The appeal panel will consider all the evidence available and provide the employee with an outcome. Ordinarily the appeal panel will review all information compiled as part of the stage one and stage two process and make a decision with all information available, This does not prevent them from undertaking investigations if necessary. Whilst this would normally be undertaken by the appeals manager there may be instances where an impartial investigating officer is appointed. This will be considered on a case by case basis and discussed with all relevant parties. If further evidence is presented at the appeal stage which has not previously been considered there may be a requirement to refer the case back to stage 2 for a review of the original decision. The meeting will be reconvened to discuss the findings of further investigation and to provide an outcome. A written response will be sent within 7 calendar days on conclusion of the meeting or investigation. If for any reason the timescales cannot be met, then the employee and their representative should be given an interim response, giving reasons for the delay.

The senior manager will decide on the appropriate outcome, whether to uphold, overturn or provide an alternative outcome to the stage two outcome to the grievance and also whether to invoke any other policies, such as the disciplinary policy. Guidance for an appeal meeting can be found in appendix D.

Within this policy senior manager refers to service managers, modern matrons, corporate heads of service, care group directors, deputy care group directors, heads of departments, directors and chief executive.

There is no further right to appeal within the organisation after stage three.

5.1.4 Alternative procedure for employees who have left the trust

Where an employee has already left employment and the formal stages of this policy have not been commenced or completed before the employee left employment then the grievance will be considered in the absence of the ex-employee and the outcome confirmed in writing. There will be no right of appeal.

5.2 Collective grievances or disputes

For the purpose of this procedure, a collective dispute is defined as a grievance which is common to two or more employees.

The procedure for dealing with collective grievances or disputes will mirror the procedure for individual grievances up to and including stage three.

However, whilst stage 3 is the final stage for consideration of individual grievances, collective grievances or disputes which remain unresolved at stage three may be referred to the advisory conciliation and arbitration service (ACAS) by joint agreement of the parties for conciliation or arbitration.

5.3 Right of representation

At all stages of the procedure the employee is entitled to be accompanied by a companion. The chosen companion may be a fellow worker, a trade union representative, or an official employed by a trade union.

5.4 Reasonable adjustments

In applying this procedure, managers and the human resources department will ensure that reasonable adjustments are made for all employees with disabilities or literacy difficulties, religious beliefs, or for whom English is not a first language, as appropriate to individual circumstances to ensure that these employees are able to fully participate in the appropriate processes. Where an employee has raised a grievance, or has been asked to act as a witness, and feels that such adjustments are necessary, they should initially discuss the issue with the supporting human resources representative, staff side representative or the manager who is exploring the grievance.

5.5 Mediation

It may be appropriate to consider mediation to resolve disputes at work between individuals. Consideration should always be given by both or all parties to whether the involvement of a impartial third party might assist in exploring the concerns and avoid the need to invoke formal procedures if both or all parties are able to achieve a mutual resolution. Mediation would involve a trained mediator within the trust who has not previously been involved or in exceptional cases an agreed external mediator may be explored

Mediation is an entirely voluntary process for all parties in any issue and may be requested at any stage, including prior to a formal written grievance being lodged. Mediation can be arranged by the Human Resources department who will liaise with the parties to confirm the arrangements. Mediation does not preclude the use of other stages of this policy if it is not successful. Use of mediation would suspend the time limits as prescribed in the procedure. Further information on mediation can be found in the trust guide to mediation. There will be no record made on the employee’s personal file relating to the process of mediation.

5.6 Time limits

It is the intention of both staff and management side that problems are resolved as quickly as possible and that, where specified, time limits are to be regarded as maximum, though these may be extended by mutual agreement between the parties to a grievance or dispute.

5.7 Pay banding issues

It is recognised that problems involving banding may necessitate longer time limits due to the process which is involved. Such issues will be subject to local agreements on longer time limits. If the banding issue relates solely to dissatisfaction with the outcome of a banding review a separate procedure exists involving staff side and management representatives trained in NHS job evaluation.

5.8 Avoidance of duress

Both parties will make every endeavour to ensure that whilst the grievance or dispute is being dealt with in accordance with this procedure, the procedure should be followed by the parties working within the spirit of the agreement and with goodwill in the best interests of the service.

5.9 Status quo

It is recognised that situations can arise where the application of the status quo would jeopardise the provision of services. Such circumstances are clearly the exception. The decision not to apply the status quo may only be taken by a care group director or director or above, and where relevant only after full consultation with staff side representatives who have previously been involved and the decision confirmed in writing. It is recognised that the decision not to apply the status quo may, of itself, give rise to a grievance.

5.10 Grievances and disciplinary investigations

Where a grievance is raised pertaining to an ongoing disciplinary procedure, the trust has the discretion to decide whether to suspend the disciplinary process to fully investigate the grievance, or to deal with them concurrently. This should be discussed with the human resources department.

5.11 Vexatious complaints

Grievance complaints found to be vexatious in nature may lead to the trust instigating a disciplinary investigation into the complainant. This will be done in line with the trust disciplinary policy.

5.12 Statutory rights

Nothing within the above procedure prejudices the employee’s entitlement to invoke their statutory employment rights.

6 Training implications

6.1 Managers

• How often should this be undertaken: Once, then update of any policy changes.
• Length of training: 1 day, which covers numerous HR topics.
• Delivery method: Policy workshop and or briefings.
• Training delivered by whom: Human resources department.
• Where are the records of attendance held: ESR or personal files.

6.2 Human resources

• How often should this be undertaken: On appointment and thereafter if needed.
• Length of training: 1 day, which covers numerous HR topics.
• Delivery method: Induction and shadowing.
• Training delivered by whom: HR team managers.
• Where are the records of attendance held: ESR or personal files.

6.3 Staff side

• How often should this be undertaken: Staff side representatives will be directed to the policy on revision or as new representatives are confirmed.
• Length of training: 1 day, which covers numerous HR topics.
• Delivery method: Policy workshop and or briefings, induction.
• Training delivered by whom: Human resources department, regional staff side representatives.
• Where are the records of attendance held: ESR or personal files.

7 Monitoring arrangements

7.1 Compliance with policy by line managers, Time limits adhered to and applying consistency when dealing with issues of concern raised by staff

• How: Through HR involvement or consultation with managers to ensure letters received from employees are responded to within the correct time limits. Operational records kept within the human resource department on all formal grievances notified through the department including copies of letters.
• Who by: HR advisors.
• Reported to: Head of employee relations.
• Frequency: Regular monitoring through HR team meetings and internal audits.

7.2 Consistency within trust on resolution of grievances

• How: Central records retained within the human resource department regarding all formal grievances within the trust and the process followed. Data reviewed and collated for reporting to care group governance meetings or quality committee.
• Who by: HR advisors, HR manager or head of employee relations.
• Reported to: Head of employee relations, care group governance meetings or quality committee.
• Frequency: Regular monitoring through HR team meetings and internal audits. Annually.

7.3 Grievances by gender and ethnic origin

• How: Completion of and review of monitoring forms reported through workforce equality and diversity reports.
• Who by: HR manager.
• Reported to: Director of people and organisational development.
• Frequency: Every 6 months.

8 Equality impact assessment screening

To access the equality impact assessment for this policy, please see the overarching equality impact assessment.

8.1 Privacy, dignity and respect

The NHS Constitution states that all patients should feel that their privacy and dignity are respected while they are in hospital. High Quality Care for All (2008), Lord Darzi’s review of the NHS, identifies the need to organise care around the individual, ‘not just clinically but in terms of dignity and respect’.

As a consequence the trust is required to articulate its intent to deliver care with privacy and dignity that treats all service users with respect. Therefore, all procedural documents will be considered, if relevant, to reflect the requirement to treat everyone with privacy, dignity and respect, (when appropriate this should also include how same sex accommodation is provided).

8.1.1 How this will be met

No issues have been identified in relation to this policy.

8.2 Mental Capacity Act

Central to any aspect of care delivered to adults and young people aged 16 years or over will be the consideration of the individuals capacity to participate in the decision making process. Consequently, no intervention should be carried out without either the individuals informed consent, or the powers included in a legal framework, or by order of the court.

Therefore, the trust is required to make sure that all staff working with individuals who use our service are familiar with the provisions within the Mental Capacity Act (2005). For this reason all procedural documents will be considered, if relevant to reflect the provisions of the Mental Capacity Act (2005) to ensure that the interests of an individual whose capacity is in question can continue to make as many decisions for themselves as possible.

8.2.1 How this will be met

All individuals involved in the implementation of this policy should do so in accordance with the guiding principles of the Mental Capacity Act (2005) (section 1).

9 Links to any other associated documents

• Disciplinary policy
• Respect, civility and resolution (formerly bullying and harassment) policy
• Leaving employment policy and procedure
• Guide to mediation

10 References

• Employment Rights Act 1996.
• Employment Relations Act 1999.
• Employment Act 2008.
• ACAS Code of Practice: Disciplinary and Grievance Procedures, April 2015.
• Disciplinary and Grievances at Work: ACAS Guide.

11 Appendices

11.1 Appendix A Informal grievance resolution note

• Appendix A Informal grievance resolution note

11.2 Appendix B Notification of formal grievance

• Appendix B Notification of formal grievance

11.3 Appendix C Advice to employees

11.3.1 Introduction

The purpose of the grievance and dispute policy is to provide a means for employees, individually or collectively, to resolve grievances which affect the terms and conditions of service under which they work, near as possible to the point of origin.

The policy has been developed in conjunction with staff side representatives and having been formally adopted constitutes part of your terms and conditions of service. This advice outlines the basic principles on which the policy operates and the initial steps which you should take if you have a grievance which needs to be resolved.

The policy consists of a number of stages at which, if your grievance remains unresolved, you will have the ability to take the matter forward to the next stage, and to be represented at each of the formal stages by a trade union or professional organisation representative or a fellow employee.

11.3.2 Scope of the procedure

This procedure covers all employees employed under a contract of employment by the trust and all questions which may become a source of grievance to the employee including their job, conditions of service, banding or any other such matter which is within the trust’s authority to resolve. It is one of a number of policies and procedures designed to enable employees to raise concerns which they may have about their work.

11.3.3 Procedure

11.3.3.1 Stage one information resolution

Where any employee has an enquiry, problem or a grievance concerned with their job, conditions of service or banding, this should, in the first instance be raised with their immediate manager in order to try to resolve the matter without recourse to the formal stages of the procedure. The employee should consider how they believe their
grievance could be resolved and discuss this with their line manager.

The immediate manager will hold an informal meeting with the employee to understand the concerns or issues. If the employee has supporting evidence which relates to their grievance this should be shared at the meeting. Within the meeting the immediate manager and employee should explore the reasons for the problem and collaboratively develop a solution. If the manager is unable to resolve the matters at the informal meeting they will have the opportunity to complete an initial informal fact finding to assist with resolution. The manager will meet informally with the employee again to discuss the outcome of the informal fact-finding and work on a solution. Details of discussions and resolution at this stage will be detailed in an informal grievance resolution note which will be held on the employees file.

The immediate manager will need to respond to informal grievances without necessary delay unless the matter concerns a banding issue in which case the matter must be referred to the human resources department.

If you consider that the matter has not been settled satisfactorily at this stage, or your grievance is significantly serious, then you may bring the matter to the attention of the relevant manager in accordance with 5.1.2 of this procedure by setting out your grievance in writing, using the form in appendix B.

11.3.3.2 Stage two formal resolution

An appropriate manager who is has not been involved in the informal stage will be appointed to hear or investigate your concerns. You will be invited to a hearing to discuss your grievance. This will be the formal stage of the procedure and as such you are entitled to be accompanied by a companion. The chosen companion may be a fellow worker, a trade union representative or an official employed by a trade union. This applies to all formal stages of this procedure.

The manager can adjourn the meeting if they feel that investigation of your grievance is required. They may reconvene the hearing if appropriate. Whilst it would normally be the hearing manager who investigates any grievance there may be some occasions where an independent investigation office is appointed to investigate the concerns, compile a report and present their findings at the hearing. This is considered on a case by case basis.

A written response of outcome will be provided 7 working days of conclusion of meeting or investigation.

11.3.3.3 Stage three appeal

If your grievance remains unresolved after stage two, Formal Resolution, you may appeal the grievance outcome within 21 calendar days of the outcome letter. The outcome letter will advise you who to address the appeal to, again using appendix B. A senior manager will be appointed to hear your appeal of grievance. A senior manager can be a service manager, head of service, care group director, head of department, director or the chief executive.

A hearing will be arranged within 21 days of receipt of appeal. Normally the appeal panel would review all evidence collated during the process, including the informal stage, and provide a response. A response will be provided in writing within 7 working days of the hearing.

Page 4 of the policy offers a diagram of the operation of the Procedure. The procedure incorporates timescales within which you are required to register your grievance at any subsequent stage, and within which you will be entitled to a response. With the exception of banding issues, for which separate timescales may have to be applied, the specified timescales should be regarded as maxima and all parties should seek to resolve grievances at the earliest appropriate opportunity within those timescales.

11.3.4 Support available

It is acknowledged that having a grievance within the workplace can be stressful and impact people in differing ways. Wherever possible the trust will deal with grievances at the lowest level appropriate and in a timely manner. If you do have concerns the trust empowers and supports you to raise these with your line manager, or a senior manager if it regards your manager, at the earliest convenience. The Employee Relations Team are available for advice and support and can be contacted on 01302 794041 or by emailing rdash.askhr@nhs.net.
The trust has an independent employee assistant programme through Vivup. This is a 24 hours a day, 7 days a week confidential service that can be accessed through the Vivup website (opens in new window) or telephoning 0330 800 658.

11.3.5 Further information

Should you have any queries please do not hesitate to contact either your manager or the Employee Relations team for advice.

11.4 Appendix D Managers guidance for grievance hearings

This guidance is suitable for both informal meetings and formal hearings and presents good practice in working with employees to resolve issues and complaints. Later in this document there is specific guidance for the formal and appeal stage.

11.4.1 Purpose

• To enable an employee(s) to air their complaint(s).
• To identify and resolve the causes of dissatisfaction, where possible
• To reduce tension in working relationships.
• To improve communications and understanding.
• Formal stage and appeal, to continue to explore issues if unresolved at previous stages.

11.4.2 Preparation

It is essential to collect any background information that is available and relevant, for example:

• job description
• personal file
• grievance notification form
• grievance procedure
• supporting documentation, letters, contract etc., relevant to the grievance
• details of previous grievances which are similar (and subsequent outcome) if available
• stage two formal resolution, details of informal resolution explored, if applicable, details of grievance from employee
• stage three appeal, as well as the above the panel will review the formal outcome letter, appeal from employee and stage two managers statement of case

It is also important to note the details of the grievance procedure:

• the limits of the manager’s responsibility
• the rights of the employee to representation
• the subsequent stages in the procedure if the grievance is unresolved

11.4.3 Planning

• Ensure reasonable notice has been given.
• Timing, ensure you stick to the time limits within the policy.
• ensure sufficient time is allocated to the meeting.
• Ensure all relevant parties are available to attend.
• Is there a need for witnesses at the meeting?
• Where will it take place?

11.4.4 Procedure specific to Stage two formal

11.4.4.1 Structure of the hearing

• Treat the grievance sensitively, seriously and not defensively.
• Ensure appropriate introductions are made and the employee and their representative understand the purpose of the hearing and it’s structure.
• Adjournments may be called by either party throughout, be clear with the employee and their companion that they can adjourn and have a break if needed.
• Listen to the details of the grievance to ensure understanding.
• If witnesses have been called seek their understanding on the issue and what they have witnessed.
• Ask what would resolve the grievance for the individual(s).
• Give consideration to the other persons perspective.
• Summarise and re-state the grievance in your own words, to ensure your understanding.
• Give your interpretation of the facts, to put them into perspective.
• Explain any progress already made in resolving the cause of the grievance.
• Explain if there is a requirement for further investigation into the grievance, advising how this will be done and timeframes.
• Take and keep notes, a representative from the Employee Relations team will be present to support with this.
• Be aware it is counterproductive to belittle or evade the grievance.

11.4.4.2 Closing the hearing

• Check that you understand the facts of the grievance (it should be written down, preferably on the appendix B grievance notification Form).
• Summarise the main points of the grievance and details discussed at the hearing.
• Agree and confirm how the outcome will be communicated to the individual If required adjourn the hearing to undertake investigation of the grievance. Agree a timescale for provision of progress reports and ensure this is completed without delay, confirm this in writing.

11.4.4.3 Consider your decision

Identify and agree the proposed action:

• grievance upheld, check with the employee the agreed action or outcome and that the grievance is resolved (confirm in writing)
• grievance partially upheld, check with the employee the agreed
  action or outcome for the part of the grievance partially upheld. Be clear for rationale in not completely upholding the grievance. Confirm the decision and rationale via the agreed communication method advising the employee of their right of appeal
• grievance not upheld, confirm the decision and rationale for this to the individual via the agreed communication method. Advise of right to appeal if the individual wishes to do so

11.4.4.4 After the hearing

• Ensure notification of the decision is confirmed in writing within 7 working days.
• Undertake any actions agreed promptly.

• All parties including panel members will be introduced to each other and a brief outline of the proceedings given by the chair of the panel.
• The employee and or, their representative will present their grievance case and call any witnesses.
• The management representative and HR representative will have the opportunity to question the employee and their witnesses.
• The members of the panel will have the opportunity to question the employee and their witnesses.
• At this stage a witness may be released or asked to remain available should the panel or either party feel that further questions or clarification may be required later in the grievance hearing.
• The management representative supported by the HR representative will present their case and call any witnesses.
• The employee and or their representative will have the opportunity to question the managing representative, and their witnesses.
• The members of the panel will have the opportunity to question the
  management representative and their witnesses.
• At this stage a witness may be released or asked to remain available should the panel or either party feel that further questions or clarification may be required later in the grievance hearing.
• Nothing in the foregoing procedure will prevent the panel from inviting either party or representative to describe or clarify any statement they have made.
• Should the panel believe that further investigation or evidence is required, then an adjournment may be called to enable this to take place. The hearing will be reconvened as soon as practicably possible.
• The panel will reconvene to announce their decision to both parties verbally where possible. In any event the individual will be notified of the decision in writing within seven working days of the decision being made.