Grievance Procedure
A grievance complaint may be initiated by any employee or group of employees, concerning another employee or group of employees.
Initially, any such complaint should be addressed to the person leading the Governance responsibility area or to an alternate Member if the person leading the Governance responsibility area is the subject of or closely involved with the grievance.
- If the person leading Governance responsibility area or alternate believes that the grievance needs further investigation, an investigatory meeting involving all parties will be held as per point 2 below in the disciplinary procedure.
- If the grievance cannot be resolved this way, a panel of three members will be convened to consider the case as per point 3 below. They may involve an external mediator, and each party has the right to a representative or advisor of their choice.
- If the grievance is upheld, the panel will direct a remedy and timescale, and monitor further. If the grievance is still not resolved, the panel may initiate disciplinary action.
Disciplinary Procedure
If a problem is perceived to arise with the performance or behaviour of a member, and it cannot be resolved through honest and open communication between colleagues as noted in the first four steps, or through the grievance procedure outlined above, it should be referred the person leading the Governance responsibility area, or to an uninvolved member if the person leading the Governance responsibility area is the subject of or closely involved with the disciplinary procedure.
This member may:
Make a preliminary investigation.
Convene an investigatory meeting with the member who is the subject of the issue, in the presence of a note taker. The member who is the subject of the issue will not be entitled to be accompanied at such a meeting.
Convene a disciplinary panel of three co-op members. The panel can be appointed by the person leading the Governance responsibility area, or an alternative member, from the full list of members.
If there is no good reason not to, the person leading the Governance responsibility area can choose to select this group randomly, by sortition. This is similar to how jury service operates.
Members being required when requested to serve in this capacity, unless they are personally involved in the issue under investigation. The Disciplinary Panel will be delegated full authority to carry the disciplinary procedure through to a resolution, including implementing and escalating any necessary measures that are fair and proportionate, in line with law and best employment practice.
The panel will be authorised to seek such professional advice as they may need to fulfil its role. The person leading the Governance responsibility area, or an alternative member deputy appointed by them, will attend any disciplinary meetings as an advisor and note taker.
A minimum of one week’s notice of a disciplinary hearing will be given to the employee or employees concerned.
A pro forma complaint sheet will be prepared and presented to the employee. The panel will decide and notify the employee in writing of any improvement that may be required, and on what timescale. This will constitute a first warning, and it will remain in force for 6 months, regardless of the agreed timescale for improvement.
The panel, assisted by the person leading the Governance responsibility area or an alternative member, will monitor and record the employee’s performance during the agreed period.
If there is insufficient improvement within the required period, or if the conduct that led to the hearing is repeated within 6 months, the panel may issue the employee with a written dismissal notice, a further meeting will be called with the personnel officer in attendance, and procedure followed as above. This constitutes a second warning, and it will remain active for 12 months, regardless of the agreed timescale for improvement.
If there is insufficient improvement within the required period, or if the conduct that led to the hearing is repeated within 12 months, the panel may issue the employee with a written dismissal notice.
Within 7 days of receiving either a formal warning or a dismissal notice, an employee who is the subject of the warning or notice may appeal against the panel’s decision. The appeal will be heard as soon as possible by a full meeting of members, not to include the members of the disciplinary panel that issued the warning or notice.
The employee may choose to attend, or not attend, the appeal in person. In the case of a dismissal notice, the employee will be suspended on full pay until the appeal has been granted or refused. If the employee does not appeal within 7 days, dismissal will take effect immediately.
An employee who is required to attend a disciplinary or appeal hearing has the right to be accompanied and advised by a person of their choice.
In a case of serious misconduct, the above warnings and timescale will not apply. Any member who believes an employee to be guilty of serious misconduct may request that employee to immediately surrender their access to Common Knowledge resources and accept gardening leave, pending investigation. Examples of serious misconduct may include:
- intoxication due to drink or drugs
- fighting or other physical abuse
- theft
- dishonesty
- sabotage
- serious breaches of health and safety rules
- offensive behaviour such as discrimination, harassment, bullying or abuse
- unreasonable refusal to work or to comply with a request from a colleague
- accepting or offering bribes
- misusing coop information or setting up a competing business
- repeated failure to meet the obligations of membership
- deliberately damaging Common Knowledge's reputation and good standing
The disciplinary procedure follows that defined by UK law, including procedures for disciplinary hearings and appeals: https://www.gov.uk/disciplinary-procedures-and-action-at-work
Advice on disciplinary procedures can be gained from Acas, Citizens Advice, the Equality Advisory Support Service or relevant trade unions: https://www.gov.uk/disciplinary-procedures-and-action-at-work/help-and-advice-with-disciplinary-issues