LAMRT Grievance Policy and Procedure

Introduction

It is acknowledged that conflict within the team may occur. The team supports open and honest dialogue and we strive to maintain a culture where problems and concerns can be addressed informally or through other incident reporting and debrief mechanisms. It is strongly encouraged that any problems arising are dealt with informally and complainants are expected to be able to demonstrate that efforts have already been made to try and resolve conflict between the parties involved. Where this is not possible a grievance procedure will be followed.

As a volunteer organisation we have no legal duty to formally investigate grievances, however we recognise our moral obligation to do so, in order to maintain a harmonious team that can fulfil its objectives. Due to the voluntary nature of the organisation we are unable to provide a strict timeframe of when a grievance will be acknowledged, investigated and any parties involved updated of progress. The times frames noted below are ideal and those involved in dealing with a grievance will attempt to adhere to these where possible.

Making A Formal Grievance

A team member will ideally address a written grievance to the Chair. Where that is not appropriate or possible the alternative is to address it to any trustee of the team. If a trustee receives a formal written grievance, he/she must inform all other committee members (initially omitting any named trustee by the complainant from correspondence) and not act unilaterally or attempt to cover up a grievance. A grievance should clearly set out the nature of the complaint and focus on fact, rather than conjecture, hearsay or subjective detail. Dates, times and witnesses to the events, wherever possible, should be included within the formal complaint. It should also offer a desired outcome from the complainant. Acknowledgement of a complaint should be made within 5 days upon its receipt. The committee has the right to disregard grievances that it reasonably considers frivolous or vexatious.

Investigatory Hearing

It may be appropriate to invite the complainant to an investigatory meeting to establish facts or to clarify points within their complaint. Where suspension of the person against who the complaint is being made is considered necessary, this period should be kept as brief as possible and be kept under review. It should be made clear that this suspension is not considered a disciplinary action. The hearing should be held without unreasonable delay and should be conducted by no more than three trustees. The team member attending may bring another full team member to accompany them if they wish.

Informing the Subject of a Complaint

If it is decided that there is a disciplinary case to answer, that team member should be notified of this in writing and asked to attend a disciplinary meeting. The notification should contain sufficient information about the alleged misconduct and its possible consequences to enable the team member to prepare an answer to the case. Ideally the team member will be provided copies of any written evidence, which may include witness statements. The notification should also give details of the time and venue of the meeting and that the team member can be accompanied by another full team member.

Disciplinary Meeting

This should take place without unreasonable delay but should allow time for the team member to prepare their case, however prolonged, unnecessary delay will not be tolerated. The following should occur at the meeting:

  • The panel should explain the complaint against the team member

  • The panel should go through the evidence that has been gathered

  • The team member should be allowed to set out their case and answer any allegations

  • The team member should be given reasonable opportunity to ask questions, present evidence and call relevant witnesses

  • Where a team member or the panel intends to call relevant witnesses they should give advance warning of this

If the team member chooses to be accompanied to the meeting, their chosen colleague may address the panel, however they do not have the right to answer questions on the team member’s behalf.

Outcome – Appropriate Action

Following the meeting the panel will decide if any disciplinary action or other action is justified. If the decision is made to issue an action the team member will be informed in writing. If misconduct is confirmed the team member will be issued a written warning. A further act of misconduct or failure to improve will result in a final written warning.

If the misconduct or unsatisfactory performance is significantly serious, it may be appropriate to move to a final written warning or immediate dismissal. This may be appropriate when the team member’s actions have brought the team into disrepute, or are liable to have, a serious or harmful impact on the team.

Any written warning should set out the nature of the misconduct or poor performance and the change in behaviour that is expected with a timeframe. The team member will be told how long the warning will remain current.

A decision to dismiss should only be taken by the committee as a majority upon the panel reporting their findings to them and in adherence to the Team’s governing documents. The team member should be informed as soon as reasonably possible and be given the reasons for their dismissal. They should also be told of their right to appeal. Dismissal may be appropriate in cases of gross misconduct (see list of examples below).

Where a team member is persistently unable to attend a disciplinary hearing without good cause the panel should make a decision based on the evidence available to them at the time.

Appeal

Where the team member feels that disciplinary action taken against them is wrong or unjust they should appeal against the decision. This should be addressed to the panel and copy the Chair into the correspondence. Appeals should be heard without unreasonable delay and ideally at an agreed time and place. The team member should let the panel know the grounds of their appeal in writing.

The appeal should be dealt with impartially and where possible by a trustee who has not previously been involved in the case. The team member should be informed in writing of the results of the appeal hearing as soon as possible.

Fairness

For the dismissal to be considered fair:

  • The panel has to genuinely believe that the team member had committed the misconduct.

  • The panel must show that they had reasonable grounds for believing this.

  • When reaching that conclusion, the panel must demonstrate they have carried out a reasonable investigation.

Misconduct

  • Poor performance

  • Disruption of team objectives

  • Abusive language

  • Unauthorised use of team equipment or negligent damage/loss of property

Gross Misconduct

  • Theft and fraud

  • Offensive behaviour – bullying, fighting, threats of violence, aggressive or intimidating behaviour

  • Breach of Rules and Regulations

  • Damage to property

  • Serious incapacity caused by alcohol or drugs

  • A serious breach of confidence or serious insubordination.

First version drafted and accepted as working document July 2019 NW

First formal review due July 2020 Superseded

Rewording of Policy June 2020 NW