Grievance procedures for academic staff

1. Introduction
2. Purpose of the procedure
3. The procedure

1 - Introduction

This Grievance Procedure has been prepared to meet the requirements of the Statutory Instrument 1992 No 2685 The University Commissioners (Statute Modifications) (University of St Andrews) Order 1992. It covers staff holding permanent and temporary contracts with the job titles of Professor, Reader, Senior Lecturer and Lecturer and any colleagues paid on academic-related scales which the University Court may, from time to time, deem to be subject to the Ordinance of the University Commissioners in relation to which these procedures have been formulated (no additional groups have been designated at this time).

2 - Purpose of the procedure

The University seeks to foster an environment in which all staff are able to maximise their potential. Advice, guidance and support are provided by heads of schools and units and other colleagues through staff development opportunities and structured discussions within Progress Review. Nevertheless, from time to time it is inevitable that individuals will have grievances. These regulations provide a grievance procedure for academic colleagues who encounter problems in relation to their employment in the University with regard to:

• matters affecting themselves as individuals; or
• matters affecting their personal dealings or relationships with other staff of the
  University.

The purpose of these procedures is to provide a framework within which individual grievances may be settled and redressed fairly and so far as may be within the School or other relevant area by methods acceptable to all parties.

The Grievance Procedure does not apply to matters such as discipline, dismissal, removal from office, removal for incapacity on medical grounds or appeals which are subject to other procedures.

A grievance may be lodged by appropriate staff using the procedures set out below. This process can only be used by an individual who believes (s)he has a legitimate grievance which is not related to a matter which is currently being addressed under other regulations. Actions will not be initiated at an institutional level under these procedures.

3 - The procedure

The procedure operates on two levels after other remedies within the School have been exhausted and it is the intention of all concerned that as many problems as possible are resolved at the first stage without recourse to the more formal stages. The levels are:

• Informal level - Individuals may seek satisfaction informally through the Head of School.
• Formal level - Individuals may seek satisfaction by a formal resolution of the matter through the Principal.

1. Informal level

1. Any complaint or unsatisfactory behaviour shall be made to the Head of School of the individual whose conduct is the subject of the complaint. It shall be open to the Head of School to deal with the matter informally, by discussing the matter and taking any action required. If (s)he takes such action and the employee whose conduct has been complained of complies with the Head’s requirements, the whole matter will neither be the subject of written record nor diminish the promotional prospects of either of the employees concerned.
   
2. If, however, an aggrieved party or an employee whose behaviour has been complained of so wishes or if the Head is the aggrieved party or is the subject of a complaint, the complaint shall become a formal grievance and will be referred to the Principal.

2. Formal

1. Grievances will be dealt with at the formal level if a member of staff is dissatisfied with the result of an approach to her/his Head of School or if the grievance itself concerns her/his Head of School.
   
2. All formal grievances will be dealt with the Principal to whom they must be submitted in writing giving full details of the case. The Principal will in the first instance decide if:
   1. the matter should be dealt with by her/him informally (if both parties agree to such a course of action); or
   2. the matter has already been dealt with under other regulations, in which case (s)he will take not action; or
   3. the matter is trivial or invalid, in which case (s)he will summarily dismiss the grievance, giving reasons for this action in writing to the parties concerned; or
   4. the matter is of such a nature that it would more properly be dealt with under other procedures, in which case (s)he would defer any action under this procedure pending the outcome of decisions elsewhere; or
   5. the matter is worthy of further investigation, in which case (s)he may either resolve the matter summarily or refer it to the Grievance Committee.

   Whatever action the Principal takes (s)he will inform all parties concerned, in writing, of what is to happen.

3. The Grievance Committee - If the case goes forward to the Grievance Committee, the following procedures will apply:
   1. Committee composition - The case will be heard by the Grievance Committee which will be appointed by the Court and will comprise:
      • A Chairperson
      • A Lay member of Court
      • A nominee of Senate who is defined as an academic in the terms of the Education Reform Act 1988.

      The Committee quorum will be three.

      Those appointed to a Grievance Committee will be drawn from a standing list of Court and Senate nominees. The Chairperson will normally be a lay member of the University Court. The standing lists of Court and Senate nominees have been drawn up by these bodies after taking into account any representations by AUT.

      The Committee will act independently and impartially in accordance with the principles of justice and fairness and will respect the confidentiality of the proceedings.

      Human Resources will provide administrative support to the Committee.

   2. Rights of representation - The Grievance Committee will be notified in writing by the Principal of the details of the case and will receive written statements from all those involved in the grievance. All the information before the Committee will be made available to both parties. The parties involved in the grievance may be accompanied by a representative or friend at any hearings. If these individuals so choose the representative may be an official of the appropriate trade union.
      
   3. Timing of hearing - All individuals involved in the hearing will be given notice of the date, time and place at which the Grievance Committee will hear the case at least fourteen days in advance of the hearing. If a member of a trade union is involved, the president of the trade union will be similarly advised. No grievance can be settled at this stage unless a hearing has been called in the manner described here.
      
   4. Attendance at the hearing - All individuals involved in the grievance will be expected to attend the hearing. The parties concerned will have the right to call and question any witnesses.
      
   5. Procedures for the hearing - The Grievance Committee will investigate the whole circumstances of the case, hear the evidence (written and oral) on both sides and determine if the grievance can be upheld. Both parties may call and question witnesses. If an individual concerned does not appear at the hearing, after due notice has been given and without good cause, the case will proceed in her/his absence.
      
   6. Announcement of decisions - All parties involved in the hearing will be advised in writing of the decision of the Committee. The individual bringing the grievance will also be informed that they have the right to appeal against this decision. The Committee will deliver its decision within fourteen days of the first hearing taking place and will make proposals to the Principal for the redress of the grievance as it sees fit.
      
   7. Appealing against a decision - The individual bringing the grievance has the right to appeal against any decision made by the Grievance Committee. (For further information please contact Human Resources).
      
   8. Report to the University Court - The Grievance Committee will inform the University Court of the final decision.