General
The following procedure has been devised for dealing with issues which constitute, or are liable to constitute, a source of grievance to an individual member of staff employed by the Education Authority (EA).
It is essential that the procedure should operate rapidly and efficiently, and the time limit specified in each stage and between each stage should, unless altered by mutual agreement between the parties, be strictly observed. The existence of this formal procedure does not prevent an employee from consulting a trade union representative before deciding to invoke the procedure.
An employee who has a grievance should exhaust each stage of the procedure before proceeding to the next stage. However, there may be occasions when it would be appropriate to invoke the procedure at a level beyond the first stage.
Where a Head of Service (posts equivalent to Assistant Senior Education Officer (ASEO) level or above) or Assistant Director or Chief Officer has an individual grievance, the principles enshrined in this procedure shall be adopted.
Pending resolution of the individual employee’s grievance the aggrieved party’s status quo position will be maintained subject to the exigencies of the service and discussion between the parties.
Nothing in this agreement may be construed as diminishing an employee’s rights in law.
Scope
Such issues for the purpose of this procedure may include:-
- differences between an employing authority and an individual employee on a matter which affects the officer’s conditions of service;
- alleged infringement of legislation such as the Health and Safety at Work (Northern Ireland) Order 1978 (as amended); the Fair Employment and Treatment (NI) Order 1998 (as amended) which makes religious and political discrimination in employment unlawful; and the Sex Discrimination (Northern Ireland) Order 1976 (as amended).
The procedure excludes questions of grading and issues of a collective nature, including agreements made at Council, and appeals against disciplinary action.
The procedure does not apply to teachers or the Chief Executive.
The Procedure
STAGE 1 REFERENCE TO LINE MANAGER
1.1 An employee who feels aggrieved on any matter, as specified above, should, as a first step in the procedure, discuss the issue with the line manager who should attempt to resolve the issue as soon as possible. A reply should be given within 2 working days.
1.2 If the employee is not satisfied, or if there is no reply within 2 working days, the employee may, together with a trade union representative, or a work colleague, raise the matter further at a meeting with the line manager. Such a meeting should be held within 3 working days of such a request and the line manager should reply, in writing, within a further 3 working days.
STAGE 2 REFERENCE TO HEAD OF SERVICE AND HUMAN RESOURCES EMPLOYEE RELATIONS OFFICER
2.1 If the employee is not satisfied, or if there is no reply within 3 working days, the employee may make a written request to the Human Resources (HR) Employee Relations (ER) Officer to have the matter raised with the Head of Service. Such a request should be made within a further 3 days.
2.2 The Head of Service (or nominee), along with the HR ER Officer, (or nominee from the HR ER (Casework) Team who shall be of a grade not less than Senior Executive Officer) should arrange a meeting with the employee and the line manager. The employee may, if so desired, be accompanied by a trade union representative or a work colleague. The meeting should be held within 3 working days of such a request and a written reply should be given within a further 3 working days.
STAGE 3 REFERENCE TO CHIEF EXECUTIVE (OR NOMINEE AT ASEO LEVEL OR ABOVE AND WHO IS A MEMBER OF A DIRECTORATE MANAGEMENT TEAM)
3.1 If the employee is not satisfied, or if there is no reply within 3 working days, the employee may make a written request to the HR ER Officer for a meeting with the Chief Executive (or nominee at ASEO level or above). Such a request should be made within a further 3 days.
3.2 On receipt of such a request the Chief Executive, (or nominee at ASEO level or above), should make arrangements for a meeting to be held within 10 working days. The Chief Executive, (or nominee at ASEO level or above), may be accompanied by any Board member or EA employee not previously involved in the issue. The HR ER Officer shall normally act as Secretary. The employee may, if so desired, be accompanied by a trade union representative (who shall have the right to request the presence of the full time official) or by a work colleague.
3.3 The Chief Executive (or nominee at ASEO level or above), shall give a written decision as soon as possible and in any case within 5 working days of the meeting.
STAGE 4 REFERENCE TO AN INDEPENDENT APPEALS COMMITTEE
4.1 If the employee is not satisfied or if there is no reply within 5 working days the employee may make a written request to the HR ER Officer to have the grievance referred to an Independent Appeals Committee (Appeals Committee). Such a request should be made within a further 15 working days. The HR ER Officer shall refer the grievance to the Labour Relations Agency (LRA) within 5 working days of receipt of the request.
4.2 The Appeals Committee shall consist of an Independent Chairperson appointed by the LRA and two panel members, one drawn from a list supplied by the recognised trade unions and the other drawn from a list supplied by management. The management member shall not be from the local office which is a party to the appeal. The trade union member may be from the union representing the appellant provided he/she is not an employee of, or a trade union representative for, the EA.
4.3 The LRA shall also appoint a Secretary to the Appeals Committee who shall be responsible for the setting up of the Appeals Committee and for the provision of administration services.
4.4 The Secretary, in conjunction with the Chairperson, shall fix a date for the Appeals Committee’s hearing of the appeal and shall advise the parties accordingly and shall invite nomination to the Appeals Committee.
4.5 The Secretary shall also invite the parties to make written submissions to the Appeals Committee, such submissions to be received not later than 10 days before the date of the hearing. The Secretary shall distribute copies of the submissions to the Appeals Committee members and to the other party not later than 5 days before the date of the hearing.
4.6 The Appeals Committee shall meet the parties to hear the appeal within 20 working days of the matter being referred to the LRA. The Chairperson shall determine the order of the oral presentations to the Appeals Committee.
4.7 The decision of the Appeals Committee shall be given in writing to both parties within 10 working days of the hearing.
4.8 The work of the Appeals Committee shall not be invalidated by the absence of one or other of the parties.
4.9 The decision of the Appeals Committee will be final and binding on both parties.