Appendix 4 - Conducting a grievance hearing - Convener checklist

Before

• Ensure that you are familiar with the University’s Grievance procedures.
  
• Consult with Human Resources
  
• Provide the member of staff with written notification, outlining the complaint, the procedures being followed and explain that he/she will be required to attend a grievance hearing.
  
• Ensure that all the relevant documents are available at the hearing, e.g relevant policies/procedures, letters, memos, witness statements (HR will ensure the employee receives copies of all paperwork prior to the hearing).
  
• Ensure the room being used for the hearing is private and free from interruptions.
  
• Think about the structure of the hearing and make a list of the points you wish to cover.

During

• Introduce those present to the member of staff and explain their roles. Outline the procedure to be followed
  
• Explain that the Human Resources representative will be taking notes of the proceedings.
  
• The witnesses (if relevant) should then adjourn to a waiting room.
  
• Clarify the format of the hearing and ask the employee if they have any initial questions or queries.
  
• Explain the nature of the complaint and then ask the member of staff for any statement that they may wish to make.
  
• If there is an accompanying person present they should be allowed to address the panel, ask questions, present evidence and call witnesses.
  
• The panel may question the aggrieved on their statements. The individual against whom the grievance has been brought may also put questions through the convener.
  
• The individual against whom the grievance has been brought should then be asked for their statement. It should be noted that it might be considered appropriate to hear these statements separately.
  
• The panel may question the individual on their statements. The employee with whom the grievance lies may also put questions to the person through the panel.
  
• The individual against whom the grievance has been brought may then also call witnesses through the convener.
  
• The employee and the individual whom the grievance has been brought or their representatives may then question the witnesses.
  
• After all witnesses have appeared either party may wish to sum up their case.
  
• All persons except the panel should then leave the room whilst the panel consider the evidence. During the adjournment establish the following:
  1. Is there sufficient evidence to uphold the grievance?
  2. Recommendations for resolving the difficulties, i.e.; mediation, staff development.
  3. If recommendations given for improving working relationship, it should be noted that in cases relating to staff conduct/behaviour, if the ruling of the panel is not adhered to by those involved, the matter may be referred to the disciplinary procedure.
     
• If appropriate, reconvene hearing that day to communicate the decision.

After

• Ensure the member of staff receives written notification of the decision and any associated action/recommendations within 10 working days of the hearing taken place. This written notification will advise the member of staff raising the grievance that they have the right to appeal against the decision.
  
• Any notes taken during the hearing should be forwarded to Human Resources along with a copy of the written notification.
  
• If appropriate, ensure monitoring is put in place and diary review date.

General points

• Keep the hearing formal, but polite, and encourage the member of staff to speak freely – the aim of the hearing is to establish all the relevant facts.
  
• Ask open-ended questions to establish the broad picture, and use closed questions to obtain specific facts.
  
• Avoid being drawn into arguments – if tempers flare during the hearing it may be appropriate to adjourn for a short period. Do not make personal criticisms.
  
• If the member of staff becomes upset or distressed during the hearing allow them time to regain composure before continuing. If the member of staff becomes too distressed to continue, adjourn the hearing to a later time/date.
  
• If it has become clear at any point in the hearing that the member of staff has provided an adequate explanation for their behaviour/performance etc, or there is no real evidence to support the allegations, the proceedings should be ceased and the case dismissed.
  
• The hearing should be adjourned if new evidence has arisen during the proceedings, or at the member of staff’s/accompanying person’s request.