How to Guide….. - Hampshiredocuments.hants.gov.uk/corprhantsweb/HCGrievance-HowtoGuide.pdf ·...

1. Purpose Hampshire Constabulary is committed to providing a workplace where

Police Officers, Police Staff and Special Constables feel valued and fairly treated. If an individual has a problem or concern they should be able to raise the matter. This may be about their work, working conditions or their relationship with a colleague or manager. Such concerns will be addressed fairly and if possible, resolved. The Constabulary’s Grievance policy encourages individuals to raise concerns informally and at the earliest opportunity. This approach often enables the most effective and timely resolution. It is not always possible to resolve concerns on an informal basis. The Grievance policy provides a framework through which individuals can raise a formal concern. The Grievance policy and this how to guide have been written in compliance with the ACAS Code of Practice on disciplinary and grievance and the Code of Ethics for Policing. All individuals are required to comply with the Grievance policy at all times. This How to Guide must be read in conjunction with the Grievance policy and the How to Guide – Further enquiries/ investigation guidance for Grievance Resolvers.

2. Scope The Grievance policy and this how to guide apply to the following staff

groups: Police Officers Police Staff (including HC hosted units)

Special Constables

Police Officers and Police Staff in a probationary period.

How to Guide….. Grievance

HC How to Guide – Grievance Page 2 of 27

For the purpose of this how to guide the above staff groups are referred to as individuals. The Grievance policy and this how to guide do not apply to Volunteers, Contractors or Agency workers including Tempforce. Individuals of non Hampshire Constabulary bodies are excluded from the policy and should refer to their own employer’s policies and procedures.

3. How to use this document

Principles This document accompanies the Grievance policy. It provides additional

procedural information to underpin application of the policy. Throughout the guide, a ‘requirement’ is indicated by the word 'must'. The word ‘should’ is used to indicate actions or processes that are considered to be best practice. All individuals must adhere to the Grievance policy when using this guide. Please note that the section numbering in the Grievance policy and this how to guide are not aligned.

How do I address my concern?

Type of concern Refer to the…

A pay related matter ‘My enquiry’ tile on ESS lite

A workplace practice or the services provided by the Constabulary, such as alleged dishonest or illegal activities

Confidential reporting procedure (FPP 02103)

The conduct or behaviour of an individual

Professional Standards department - Police Officers Managing Misconduct policy - Police Staff

An appeal against a Police Officer’s posting

HR Workforce Planning team for advice

A complaint from a Police support volunteer

Police support volunteer complaints/ concerns (FPP 33201)

A concern involving a Staff Association, Federation or Unison representative

HR Operations team for advice

An individual’s concern(s) about action taken under an HR policy

HR Operations team for advice. If matters are related – use the meetings and appeals process within the policy If matters are unrelated – run the policy and the Grievance policy concurrently Or, in certain cases action under the


policy may pause to address the grievance.

If you are unsure which policy to use, please contact HR Operations.


Contents

4. Introduction ................................................................................................................................. 5

5. Policy stages ............................................................................................................................... 8 6. Raising a grievance ..................................................................................................................... 8 7. Seeking to resolve the grievance ............................................................................................... 9 8. Informal stage ............................................................................................................................ 13 9. Formal stage .............................................................................................................................. 14

10. Appeal ...................................................................................................................................... 17 11. Other policy requirements ...................................................................................................... 19 12. Support ..................................................................................................................................... 23 13. Toolkit ....................................................................................................................................... 25 14. Related documents ................................................................................................................. 25

15. How to guide Governance ...................................................................................................... 25

Roles and responsibilities ............................................................................................................ 26


4. Introduction The Grievance policy and this how to guide are intended to enable

solutions to be found to grievances that are raised. The purpose is to encourage an individual to raise a concern and for solutions to be identified and implemented wherever possible. Timely and effective handling of a grievance is essential. When an individual raises a grievance, it should be dealt with promptly. This ensures that the individual feels valued and can help to avoid the grievance from escalating. A grievance is as much about an individual’s feelings and emotions as the facts involved. The approach taken to resolve it is important. Grievances should be approached with a problem solving focus. The grievance is unlikely to be resolved if purely trying to establish whether the individual is right or wrong. The individual should be allowed to express their feelings, be listened to and have their feelings acknowledged. This may allow a solution to be reached at an early stage. A concern should not be allowed to escalate and remain unresolved. If it does, then the individual may experience reduced motivation, reduced efficiency and effectiveness, poor attendance, stress or reduced engagement with their team. As part of effective line management practice, it may be helpful for you as the line manager to:

recognise when an individual may need to discuss something that is bothering them

have an open approach to talking things through

work with the individual to resolve their concern

approach the individual to discuss the matter, rather than waiting for them to raise a concern

be proactive if a concern needs to be addressed

consider and discuss with the individual whether conciliation, meditation or a hybrid approach of these techniques may be useful tools to help resolve the concern.

Principles To assist in finding an appropriate solution to a grievance the

following principles apply:

identification of the grievance by either the individual or you as the line manager

encouragement for the individual to raise a grievance informally and within the recommended timeframes where possible

an individual can raise the matter formally within the


recommended timeframes

the Constabulary will address a grievance promptly and without unreasonable delay

support will be available to the individual and any subject during the process

all formal grievances must be notified to HR Operations.

Intended outcomes

The aims of the Grievance policy and this how to guide are to:

support day to day communication and discussion between individuals and their managers

maintain or restore harmonious working relationships

resolve issues fairly and within a reasonable timeframe

resolve the majority of issues at the informal stage

find appropriate solutions to concerns wherever possible. Exceptions Concerns not recognised or considered under the Grievance policy

are:

a concern outside the responsibility or control of the Constabulary

a counter grievance against a colleague because they have raised a grievance about them

an individual’s concern(s) about action taken under a Constabulary policy which contains a route of appeal. The formal meeting or appeal process of the policy being followed should be used unless the matters are unrelated

transactional pay related concerns. Such matters should initially be raised using the ‘My enquiry’ tile on ESS lite.

If a concern is raised outside the recommended timeframes or relates to a concern that has previously been raised as a formal grievance, you must seek advice from HR Operations to determine how the matter will be addressed.

Key definitions (shown in alphabetical order)

Balance of probabilities - a logic that is applied to assist the grievance resolver to ensure they are satisfied that an event occurred based on the evidence and that the occurrence of the event was more likely than not. Bullying - is defined by ACAS as ‘offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient’. Conciliation - a process involving an internal, impartial person. The aim is to bring parties together to help them to reach a suitable resolution. This process may be more suited to finding a practical solution to a grievance. This can be used in conjunction with mediation as a hybrid approach.


Further enquiries/ investigation - in the context of a grievance, further enquiries/ an investigation is a fact finding exercise to carry out proportionate enquiries to explore the grievance. This is a different process to a formal misconduct investigation or operational investigation. Grievance - the ACAS Code of Practice on disciplinary and grievance defines a grievance as ‘a concern, problem or complaint that an individual or a group raise with their employer’. Grievance resolver - the manager responsible for investigating the grievance and working with the individual to reach a solution wherever possible. Harassment - is defined by ACAS as ‘unwanted conduct related to a relevant protected characteristic. This has the purpose or effect of violating an individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’. Protected characteristics defined under the Equality Act 2010 are: age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex and sexual orientation. Hybrid conciliation - is a structured facilitated approach to reach a resolution that utilises some of the principles of mediation, but not all of them. It is an adaptable approach that can involve additional managers in discussions to help the individuals explore their differences and enable them to move forwardly positively. Conciliation, mediation and hybrid conciliation processes should only be undertaken by trained individuals and where all parties agree to partake. Mediation - is a voluntary and confidential form of alternative resolution. It involves impartial skilled mediators helping two or more individuals or groups to reach a solution that is acceptable to everyone. Subject - the individual or matter about which the grievance is raised. Timescales - all reference to ‘days’ in this how to guide refer to working days, regarded as Monday to Friday, excluding public holidays. It indicates the number of clear days between (and exclusive of) the day a grievance resolver receives a grievance and notifying the individual of the outcome. It also determines the number of clear


days between (and exclusive of) when a meeting is held and when the individual should receive confirmation of the outcome in writing.

Examples of a grievance

The following list provides some examples of grievances that may arise (this list is not exhaustive):

a concern relating to the working environment

difficulties in relationships with a colleague or manager

bullying, harassment or cyberbullying concerns

discrimination concerns

a concern relating to a change in working practices

health and safety concerns

a concern relating to organisational change.

5. Policy stages The possible stages are:

informal stage

formal stage

appeal.

6. Raising a grievance First line manager

An individual is encouraged to raise a grievance with their first line manager as soon as possible. This helps to address the grievance in a timely manner.

Second line manager

A grievance may relate to the first line manager. If so, the individual is encouraged to raise their grievance with their second line manager.

Alternative manager

It may not be appropriate to raise the grievance with either the first or second line manager. In such cases the individual is encouraged to seek further assistance from HR Operations who will promptly identify an alternative manager. An individual may have a grievance relating to the Chief Constable personally. In such cases the grievance should be put in writing to the Clerk of the Police and Crime Commissioner for Hampshire.

The role of the grievance resolver

The manager with responsibility to address and if possible to resolve the grievance is called the grievance resolver. The key responsibilities of the grievance resolver during the grievance process are to:

ensure the grievance process is managed in a timely manner to avoid unnecessary delay

contact HR Operations for advice if a formal grievance is raised

use the How to Guide – Further enquiries/ investigation


guidance for Grievance Resolvers to undertake further enquires/ an investigation

complete proportionate enquiries to investigate the grievance, with the purpose of seeking to resolve the grievance if possible

manage individual expectations about the process and outcomes

keep the individual and any subject up to date on progress

contact the individual once any investigation is complete to make arrangements to confirm the outcome

feedback any solutions that have been identified to the individual and their line manager as appropriate

inform any subject of the outcome. The grievance resolver must contact the individual promptly to acknowledge receipt of their grievance. Both parties will agree an appropriate time to meet to understand the grievance. It may take more than one meeting to complete this part of the process. The grievance process can be difficult for the individual who raises it, the subject and any witnesses involved. The grievance resolver must discuss with the individual, any subject and any witnesses what support they may need during the process. Individuals are encouraged to be open in providing information during the process. As far as possible, the grievance resolver should avoid undue stress to the parties involved and be sensitive to the situation. The grievance resolver must advise the subject that a grievance has been raised. This should be handled carefully and sensitively.

7. Seeking to resolve the grievance The guidance in this section applies to each of the stages of the grievance process and should be read in conjunction with the relevant stage that is being followed. Discussing the grievance with the individual

Many concerns can often be resolved effectively by discussing the issue with the individual. Addressing concerns at an early stage may help to avoid the grievance from escalating. The grievance resolver must meet with the individual to discuss the grievance to understand the nature of the concern(s) from their perspective. It is important that the individual is able to explain how they think it may be resolved. There may be more than one discussion held to explore the concern(s). In some cases, further enquiries/ an investigation may be necessary before reaching a solution. This will enable the grievance resolver to reach an informed and balanced view.


For information about how to complete further enquires or to investigate the grievance please see the How to Guide – Further enquiries/ investigation guidance for Grievance Resolvers. It may be necessary for the grievance resolver to speak to the subject of the grievance. If so, the grievance resolver will seek the permission of the individual who has raised the grievance. The grievance resolver must explain the importance of advising the subject in order to seek to reach a solution. If the individual who has raised the grievance does not wish the subject to be informed, options to resolve the grievance may be limited. In some cases, it may not be possible to resolve the grievance without involving the subject. The grievance resolver will advise the individual and any subject if more time is required to complete further enquiries. If further enquiries are carried out, the individual should be advised of the outcome. They should also be advised of any solution(s) which have been identified. All parties must take responsibility to try to find a solution. It may be possible to resolve the issue with immediate effect. If so, relevant action(s) should be taken to enable the solution(s) to be implemented. The grievance resolver may need to check with the individual and if necessary their line manager whether the suggested solutions would be agreeable. Any solutions should also meet the operational needs of the Constabulary. It may not always be possible to find a suitable solution or to reach a satisfactory outcome. This may happen if for example the grievance relates to a management instruction deemed to be a reasonable request or requirement. If a satisfactory solution cannot be agreed, the grievance resolver must advise the individual. The individual should be given an explanation about why a solution is not possible. The conversation should be managed in a fair, considered and honest way. Further discussion will identify whether anything else can be done to resolve the concern(s). Conciliation, mediation or a hybrid approach of these techniques can be suggested by any party at any stage during the grievance process


as possible tools to help resolve the concern. These processes should only be undertaken by trained individuals and where all parties agree to partake. The grievance resolver will explain to the individual the next steps of the process and the specified timescales.

Further enquiries/ investigation

The grievance resolver must refer to the How to Guide – Further enquiries/ investigation guidance for Grievance Resolvers when undertaking further enquiries or an investigation under the grievance policy. The grievance resolver will complete proportionate enquiries to investigate the grievance. The purpose is to seek to resolve the grievance. The individual and any subject should be kept up to date on progress. This may involve the following:

gathering further information confidentially

meeting with other parties to discuss the grievance

obtaining written responses from other relevant parties

producing a document of findings. This could be a management report or further enquiries summary, which is proportionate to the concern(s)

if it is appropriate, sharing initial findings and recommendations with the individual, their line manager and the parties involved. The purpose is to test whether they feel the proposed solution(s) would work in practice.

If the grievance resolver is required to undertake further enquires, these should be completed promptly. This will enable any solution(s) to be identified.

Discussing the grievance with the subject

It may be necessary for the grievance resolver to speak to the subject of the grievance. If so, the grievance resolver will seek the permission of the individual who has raised the grievance. The subject of the grievance may find it difficult to understand that an individual is unhappy with their behaviour or action(s). They may not have realised the implications of something they have said or done. The grievance resolver will reassure the subject about the purpose of the grievance process. The intention is to enable the concern to be discussed openly and sensitively. The individual will need to feel confident that their views and feelings will be taken into account. They will also be invited to explore how the situation can be resolved successfully.


The subject of a grievance must be given a full and fair opportunity to explain the situation from their perspective. The subject should be asked to explain what happened. The grievance resolver may gather other evidence and witness accounts/ evidence. The grievance resolver may need to have further discussions with the subject. The grievance resolver should inform the subject of the grievance of:

the concern(s) that have been raised

the policy that is being followed and provide them with a copy

the requirement for them to treat all information relating to the grievance confidentially

the progress of the grievance at relevant points

the opportunity for them to respond to concerns that are raised

the opportunity for them to provide evidence to support their understanding of the concern(s)

the support available to them

the outcome at the conclusion of the grievance. The subject would not normally attend a meeting with the individual who has raised the grievance to discuss any possible solution(s), except in the case of a conciliation, mediation or hybrid conciliation meeting.

Possible outcomes

The possible outcomes at all stages of the process are:

the grievance is resolved, a resolution is agreed and the solution(s) are put into place. A follow up period is agreed to review outcomes

the grievance is resolved with further action needed. For example, the line manager may need to implement a change or further action is needed against parties involved through another HR policy, for example the Managing Misconduct policy for Police Staff or referral to PSD - Police Officers

conciliation, mediation or a hybrid approach of these techniques is recommended

the grievance is not resolved. This may be because there is no identified solution, the individual is not happy with the outcome or there is a reasonable management instruction to which the individual is expected to adhere

the grievance cannot be resolved within a reasonable timescale.

The grievance resolver must keep an audit trail of emails or other documentation of discussions and decisions. The grievance resolver must record the outcome and action(s) using the grievance resolution


template. The completed grievance resolution template must be sent to HR Operations to be stored confidentially.

Implementing solutions

All parties are responsible for putting the agreed solutions into practice. The line manager should hold a review meeting with the individual at an agreed interval. The meeting should be scheduled to allow a reasonable timeframe for any solutions to be embedded. The purpose of the meeting is to ensure the agreed solutions are working in practice.

8. Informal stage The guidance in section 7 applies to this stage of the grievance process and should be read in conjunction with this section of the how to guide. Informal stage All individuals are encouraged to raise concerns informally with the

appropriate manager at the earliest opportunity, dependant on the circumstances. The grievance resolver should seek to resolve the concern promptly with the individual. In some cases, further enquiries/ an investigation may be necessary before reaching a solution. If the individual has raised their concern in writing, this doesn’t automatically mean it will need to be addressed under the formal stage of the process. Wherever possible, the informal stage of the grievance process should be followed.

Timescale to raise a grievance at the informal stage

Individuals are encouraged to raise matters of concern as soon as possible using the informal stage. Wherever possible concerns should be raised within 3 months of the event or the last occurrence of a series of events. This ensures that the concern can be addressed in a timely manner and that information is more easily recalled. In some circumstances, it may not be possible to raise the grievance within the specified timescale. In such cases, advice should be sought from HR Operations.

Timescale to address a grievance at the informal stage

It is expected that a grievance will be resolved promptly. At the informal stage, the grievance resolver should meet to discuss the concern with the individual. The purpose is to address the


concern together. This should take place within 5 working days of the concern being raised or identified.

Discussing the grievance with the individual

The principles of discussing the grievance with the individual will apply.

Investigation / further enquiries

The principles of further enquiries/ an investigation will apply.


The principles of discussing the grievance with the subject will apply.

Outcome of the informal stage

The grievance resolver must make arrangements to confirm to the individual and any subject the outcome and any solution(s) that have been identified. This includes the outcome of any enquiries. The grievance resolver will determine the most appropriate way to do this. There are a number of possible outcomes. The grievance resolver must advise the individual of the next stage of the process if they are not satisfied with the outcome. The grievance resolver must keep an electronic record of any discussions and record the outcome and actions on the grievance resolution template.


The principles of implementing solutions will apply.

9. Formal stage The guidance in section 7 applies to this stage of the grievance process and should be read in conjunction with this section of the how to guide. Progressing from the informal stage to the formal stage

If an individual is not satisfied that the informal stage has effectively resolved their concern they can raise a formal grievance. They must do so using the grievance resolution template or in writing. The individual must submit their formal grievance:

within 5 working days of the verbal notification of the outcome at the informal stage OR

in any event as soon as reasonably practicable. In some circumstances, it may not be possible to raise the grievance within the specified timescale. In such cases, advice should be


sought from HR Operations. Progressing directly to the formal stage

Although individuals are encouraged to raise a grievance informally, it may not always be appropriate to do so. In such cases the individual can submit a formal grievance. They must do so using the grievance resolution form or in writing. This must be submitted:

within 3 months of the event or the last occurrence of a series of events OR

in any event as soon as reasonably practicable.

In some circumstances, it may not be possible to raise the grievance within the specified timescale. In such cases, advice should be sought from HR Operations.

The role of HR Operations

HR Operations can provide advice on whether it is appropriate to address the grievance using the Grievance policy or whether an alternative policy is more appropriate. HR Operations will log all formal grievances that are notified to them. Where it is not appropriate for the individual to raise their grievance with their first or second line manager, the individual is encouraged to contact HR Operations for further assistance. HR Operations will promptly identify an appropriate manager to address and resolve the grievance or appeal, referred to as the grievance resolver. HR Operations will assign a caseworker to support the grievance resolver. The HR caseworker will:

be pro-active in advising the grievance resolver to ensure the grievance is addressed

support the grievance resolver during the process as necessary

ensure that the grievance resolver undertakes the process promptly and effectively

help the grievance resolver to identify other tools to resolve the grievance if appropriate

help the grievance resolver to identify possible solutions as appropriate

support the grievance resolver to make decisions regarding actions needed to complete the process.

Timescale to address a grievance

It is expected that grievances will be resolved promptly. The grievance resolver will complete proportionate further enquiries to


investigate the grievance and record their findings within 20 working days of receipt of the formal grievance. In some circumstances, it may not be possible to investigate the grievance within the specified timescale. In such cases, the grievance resolver will agree an extension with the individual. The subject must also be informed.

Discussing the grievance with the individual


Investigation/ further enquiries



The principles of discussing the grievance with the subject will apply.

Outcome of the formal stage

The grievance resolver must make a decision based on the facts or form a view on the information available after a reasonable further enquiries/ investigation. They must then make arrangements to meet with the individual to discuss the outcome. This includes the outcome of any further enquiries and possible solutions. At the meeting the grievance resolver must advise the individual of:

the outcome

their right of appeal

the date by which the appeal must be submitted, which is 5 working days after the individual has received the written outcome letter.

The grievance resolver must also meet with any subject to advise of the outcome. There are a number of possible outcomes.

The grievance resolver must keep an electronic record of any meetings and record the outcome and actions on the grievance resolution template.

How to confirm the decision

The grievance resolver must confirm the outcome in writing to the individual and any subject. Use the template to ensure all the necessary information is included. A separate outcome letter must be issued to the subject as appropriate.


The letter(s) will be sent ideally on the same day as the meeting. If this not possible, then within 3 working days of the meeting. A copy of the letter(s) must be sent to HR Operations and will be stored confidentially.



10. Appeal The guidance in section 7 applies to this stage of the grievance process and should be read in conjunction with this section of the how to guide. Progressing to an appeal

The proposed solutions may not have effectively addressed the formal grievance. In such cases, the individual may submit an appeal. If appealing, the individual must submit their appeal within 5 working days of the written outcome at the formal stage. The individual must state the grounds for their appeal. This must be done using the grievance resolution template or in writing. The appeal must be sent to the grievance resolver assigned at the formal stage and be copied to HR Operations. A new grievance resolver will be assigned by HR Operations to review the appeal. In some circumstances, it may not be possible to submit the appeal within the specified timescale. In such cases, advice should be sought from HR Operations.

The role of HR Operations

The principles of the role of HR Operations will apply.

Timescale to address an appeal

It is expected that an appeal will be concluded promptly. The grievance resolver will review the appeal within 20 working days of receipt of the appeal. In some circumstances, it may not be possible to resolve the appeal within the specified timescale. In such cases, the grievance resolver will agree an extension with the individual. The subject must also be informed.

Discussing the appeal with the individual



Investigation/ further enquiries


Discussing the appeal with the subject

The principles of discussing the grievance with the subject will apply, unless it has been agreed at the start of the appeal process to only communicate in writing with the individual.

Outcome of the appeal

The grievance resolver must make a decision based on the facts or form a view on the information available after reasonable further enquiries/ investigation. They must then make arrangements with the individual to confirm the outcome and any resolutions, either in a meeting or by providing a written response if this has been agreed with the individual at the start of the appeal process. The grievance resolver must also advise the subject of the outcome. There are a number of possible outcomes. The appeal stage represents the final stage of the Grievance policy. The grievance resolver must advise the individual there is no further right of internal appeal. The grievance resolver must keep an electronic record of any meetings and record the outcome and actions on the grievance resolution template.

How to confirm the decision

The grievance resolver must confirm the outcome in writing to the individual and to any subject. Use the template to ensure all the necessary information is included. A separate outcome letter must be issued to the subject as appropriate. If a meeting is held, the letter must be sent ideally on the same day as the appeal meeting. If this is not possible, it must be sent within 3 working days of the appeal meeting. The same timescales for written confirmation of the outcome apply to any subject. If a meeting is not held, the outcome must be confirmed in writing to the individual and any subject on completion of any further enquiries/ investigation. A copy of the letter and the completed grievance resolution template must be sent to HR Operations and will be stored confidentially.




11. Other policy requirements Right to be represented/ accompanied

Individuals are encouraged to contact their Staff Association, Federation or Unison representative to obtain advice at any point during application of the Grievance policy. In normal circumstances representation would not be required during the informal stage. However, there would be occasions, for example as a reasonable adjustment, where it might be. The grievance resolver and the individual may agree representation on an exceptional basis. The individual has the right to be represented/ accompanied at a formal meeting and appeal meeting held under the Grievance policy by a Staff Association, Federation or Unison representative, or a Hampshire Constabulary work colleague. It is the individual’s responsibility to:

arrange their own representative/ companion

liaise with their representative/ companion to agree the meeting date and time

advise management of the representative’s/ companion’s details.

Individuals do not have the right to legal representation at any stage of the policy. It may be helpful for the subject and any witnesses to have support during further enquiries/ an investigation meeting. In exceptional circumstances, if the subject or a witness wishes to be accompanied, they must notify the grievance resolver who will consider the request and obtain advice from HR Operations if needed.

Confidentiality It is expected that all parties involved in the grievance process will

maintain confidentiality, within the confines of disclosure, as appropriate. This is both within and outside of the Constabulary. Information revealed by the individual who has raised the grievance will not normally be disclosed without their permission. There may be occasions when it is necessary for the grievance resolver to disclose information as part of the grievance process. This may apply for example if criminal issues are suspected. If someone is found to have bullied, harassed or cyberbullied an individual, action under the Managing Misconduct policy for Police Staff or a referral to PSD for Police Officers may be necessary. In such cases information may need to be disclosed.


The grievance resolver must inform the individual of the need for a disclosure. They should explain the reasons and who the information will be disclosed to. Consent must be gained from the individual if possible. If the individual does not give their consent, the grievance resolver will make a balanced decision to determine whether there is a requirement to act on the information that they have received.

Disclosure All individuals involved in the grievance process must be aware that

confidential information may be disclosed if the case proceeds to a tribunal.

Conciliation, mediation or a hybrid approach

Conciliation, mediation or a hybrid approach of these techniques can be suggested as possible solutions at any stage of the grievance process. They cannot be imposed as a course of action. They can be recommended as a suitable means of resolution. Whilst undertaking conciliation, mediation or a hybrid approach of these techniques the grievance process will be paused.

Conciliation or a hybrid approach is not subject to legal privilege.

Therefore, in the event the individual progresses their grievance to a tribunal, information shared would have to be disclosed.

Mediation is subject to legal privilege therefore information shared would not have to be disclosed in a tribunal.

Conciliation is a process involving an internal, impartial person. The aim is to bring parties together to help them to reach a suitable resolution. This process may be more suited to finding a practical solution to a grievance. This can be used in conjunction with mediation as a hybrid approach. Mediation is a voluntary and confidential form of alternative resolution. It involves impartial skilled mediators helping two or more individuals or groups to reach a solution that is acceptable to everyone. Mediators do not make judgments or determine outcomes - they ask questions that help to uncover underlying problems, assist the parties to understand the issues and help them to clarify the options for resolving their difference or dispute. The focus is on working together to move forward, not determining who was right or wrong in the past. This can be used in conjunction with conciliation as a hybrid approach.

Hybrid conciliation is a structured facilitated approach to reach a resolution that utilises some of the principles of mediation, but not all of them. It is an adaptable approach that can involve additional


managers in discussions to help explore their differences and to enable the individuals to more forwardly positively. The trained facilitator may suggest potential options for resolution as well as encouraging the individuals to explore options. The facilitator may decide to talk to both parties separately and then facilitate a discussion together with the aim of reaching a resolution.

Any action to bring the parties together must be carefully considered. It should be handled sensitively. It should not be done unless all parties have agreed to this approach. An individual cannot be forced to take part.

Arrangements can be made to initiate either conciliation, mediation or a hybrid approach of these techniques by contacting HR Operations or the Occupational Health and Wellbeing Service.

Bullying, harassment or cyberbullying

The Constabulary is committed to promoting dignity and respect at work. Bullying, harassment or cyberbullying will not be tolerated. Further information is contained within the Harassment and Bullying Support procedure – FPP 24101. If an individual wishes to raise a concern regarding bullying, harassment or cyberbullying, this will be addressed using the Grievance policy and this How to Guide.

Action under an alternative policy

The grievance resolver will determine which policy is relevant to use based on the information provided in the grievance and contact HR Operations for advice if needed. The grievance resolver will be responsible for notifying the individual that the matter will be not be addressed through the Grievance policy and of which alternative policy will be used.

As an outcome of the grievance process it may be appropriate to take further action under an alternative policy for example the Managing Misconduct policy - Police Staff or a referral to PSD - Police Officers.

Collective grievances

Collective grievances arise when a number of individuals raise a related grievance. Collective grievances will be managed in the same way as individual grievances. In such cases, one individual will be identified from the group to act as a spokesperson at meetings. The grievance resolver must ensure the


spokesperson is accepted by all individuals who have raised the collective grievance. The outcome will apply to all individuals who raised the original grievance. The outcome(s) from the grievance may also apply to other individuals, for example a change to operational practice or team management. Consideration will need to be given to how this is managed and to retain confidentiality of the original grievance as necessary. A Staff Association, Federation or Unison representative may raise a grievance on behalf of two or more individuals as part of a collective grievance.

Dealing with a grievance when an individual leaves the Constabulary

An individual may leave the Constabulary before the grievance is resolved. In such cases, the grievance resolver will determine how the grievance will be managed. The grievance resolver will determine what action to take and whether it is appropriate to conclude any further enquires/ investigation. The grievance resolver may decide to take one of the following courses of action:

not to progress the grievance further. The process will end at the current point.

to complete a modified process. The grievance resolver will acknowledge the grievance and conduct proportionate further enquiries to investigate the grievance. They will respond to the individual to confirm the outcome in writing only. There is no right of appeal.

to complete the full process as per the defined Grievance policy stages.

The grievance resolver must inform the individual and if appropriate the subject of how the grievance will be managed. The grievance resolver must keep an audit trail as a point of reference for their decision and the course of action taken. The grievance resolver will also:

retain relevant letters, emails or other documentation of discussions and agreements

record the outcome and actions on the grievance resolution template

send a copy of the completed grievance resolution form to HR Operations to be stored confidentially.

Grievances from a former Police

A former Police Officer, member of Police Staff or Special Constable may submit a grievance after they have left the Constabulary. There


Officer, member of Police Staff or Special Constable

is no statutory requirement for the Constabulary to seek to resolve a grievance in these circumstances. The Constabulary may complete proportionate further enquiries/ an investigation to explore a grievance from a former individual. This will apply on a case by case basis. If the grievance resolver decides the grievance should be investigated, a modified process of the Grievance policy will apply. The individual does not have the option to progress to the appeal stage. In such cases further advice must be obtained from HR Operations.

Organisational learning

Any lessons learnt from a grievance will be fed back to the appropriate parties, including linking with the Organisational Learning Matrix. This is the responsibility of the grievance resolver.

12. Support Support for individuals and the subject of the grievance

It is recognised that it may be difficult for an individual to raise a concern or to be named as the subject of the grievance. The individual raising the grievance and if appropriate the subject should be aware of the requirement for the grievance resolver/ line manager to act impartially. Therefore, the grievance resolver/ line manager may not be able to provide the level of support required by the individuals involved. The grievance resolver/ line manager should ensure that the individuals involved in the process understand where they can access support. At any time during the grievance process an individual can:

contact the Employee Support Service. A confidential counselling service is provided by the Wellbeing Helpline who can be contacted on 0800 030 5182 or by accessing the following link www.healthassuredeap.co.uk. The username and password to access the webpages are;

Username – Hampshire Password - Constabulary

contact their Staff Association, Federation or Unison representative to obtain advice

contact a Constabulary colleague or an alternative manager within the Constabulary to obtain advice. The individual should ensure that the colleague or alternative manager they approach understands they will be bound by the confidentiality

http://www.healthassuredeap.co.uk/


requirements within this process

access one of the Constabulary’s support groups. The Staff support groups can provide information and workplace support as well as signposting to useful support organisations. The Staff support groups are: LGBT Resource - [email protected] Disability Support - [email protected] Autism Support – [email protected] Dyslexia Support - [email protected] BEAM (Black Ethnic & Minority Group) - [email protected]

Any policy or guidance related queries can be directed to HR Operations on 01962 813915 or [email protected].

Support for the manager/ grievance resolver

Any queries can be directed to HR Operations on 01962 813915 or [email protected]. The grievance resolver/ line manager may personally find further support helpful during the course of the grievance process. At any time during the grievance process the grievance resolver/ line manager can:

contact the Employee Support Service. A confidential counselling service is provided by the Wellbeing Helpline who can be contacted on 0800 030 5182 or by accessing the following link www.healthassuredeap.co.uk. The username and password to access the webpages are;

Username – Hampshire Password - Constabulary

contact their Staff Association, Federation or Unison representative to obtain advice

access one of the Constabulary’s support groups. The Staff support groups can provide information and workplace support as well as signposting to useful support organisations. The Staff support groups are: LGBT Resource - [email protected] Disability Support – [email protected] Autism Support – [email protected] Dyslexia Support – [email protected] BEAM (Black Ethnic & Minority Group) - [email protected]

mailto:[email protected]







http://www.healthassuredeap.co.uk/







13. Toolkit Grievance discussion template, grievance resolution template,

outcome letter templates, management record template, grievance flowchart.

14. Related documents To help with the application of the Grievance policy and this how to

guide it may be useful to read the following:

How to Guide – Grievance Investigations.

15. How to guide Governance

Hantsfile reference 13074599

Date of publication 1 August 2017

Version V1

Owner HR Operations


Roles and responsibilities

The grievance resolver who is managing the grievance is responsible for:

addressing the grievance promptly and effectively

undertaking the process in an acceptable manner

applying the Grievance policy accurately

notifying HR Operations of a formal grievance

completing further enquiries/ investigations in accordance with the How to Guide – Further enquiries/ investigation guidance for Grievance Resolvers

completing the grievance resolution template as necessary

advising the subject that a grievance has been raised, if appropriate

maintaining regular contact with parties during the process

maintaining appropriate standards of confidentiality

drafting and issuing of letters, reports and documentation with HR support as necessary

sharing relevant organisational learning with appropriate parties.

The line manager (if they are not the grievance resolver) is responsible for:

notifying HR Operations of a formal grievance

addressing concerns promptly and effectively


maintaining an awareness of the status of the grievance at each stage of the policy, as appropriate

supporting the individual/ subject as necessary

maintaining appropriate standards of confidentiality

positively working to implement agreed solutions

following up on outcomes with the individual to ensure they are working.

The individual who has raised the grievance is responsible for:

working with the line manager/ grievance resolver to implement agreed solutions effectively

applying the Grievance policy accurately

raising concerns promptly

using the informal stage of the policy in the first instance wherever possible

completing the grievance resolution template as necessary


arranging their own Federation, Unison or Staff Association representative or companion if required and advising management of the details

maintaining appropriate standards of confidentiality.


The HR Operations helpdesk, in conjunction with the HR Operations Manager are responsible for:

recording all formal grievances

determining whether the grievance can be addressed using the Grievance policy

signposting to an alternative policy if it is more appropriate to use

assigning a caseworker to work with the grievance resolver

signposting an individual or subject to support within the process

storing documents confidentially. The HR caseworker assigned to support the grievance resolver is responsible for:

being pro-active in advising the grievance resolver to ensure the grievance is addressed

promptly identifying an appropriate manager to address and resolve the grievance or appeal, referred to as the grievance resolver

supporting the grievance resolver during the process as necessary

ensuring that the grievance resolver undertakes the process promptly and effectively

helping the grievance resolver to identify other tools to resolve the grievance if appropriate

helping the grievance resolver to identify possible solutions as appropriate

supporting the grievance resolver to make decisions regarding actions needed to complete the process

advising on policy application and best practice

advising on the completion of letters, reports and relevant documentation

attending meetings in an advisory capacity. The Staff Association, Federation or Unison representative or Hampshire Constabulary work colleague is responsible for:

advising/ supporting their member/ colleague/ manager

attending arranged formal/ appeal meetings or ensuring formal/ appeal meetings are covered as required

making representations, advocating and mitigating on behalf of the individual, submitting papers if appropriate, asking questions and addressing a meeting on behalf of the individual.

They may not answer questions on behalf of the individual.

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