Formal Stage 2
Stage 2 Hearing (Final Stage): Step-by-Step Guide
In the event that the employee remains dissatisfied with the outcome provided at Stage 1 of the Grievance process, they must complete the Grievance Notification Progression Form within 4 working weeks, which should be sent to the appropriate Head of Human Resources.
Refer to letter 7: Grievance Stage 2 hearing invite - complainant
Refer to letter 8: Grievance Stage 2 hearing invite – respondent
Refer to letter 12 and 13 for rescheduled invites for complaint and respondent.
- On receipt of the form, the grievance should be acknowledged in writing (refer to template 1 – acknowledgement of grievance).
- At the final stage of the formal procedure, the Grievance Appeal should be heard by a member of the senior management team (i.e. heard by a Director or a manager who is a direct report to the Director acting with delegated authority.
- The manager hearing the Grievance Appeal must have had no previous involvement in the grievance prior to this stage.
- A representative of Human Resources should be present at the hearing of all formal grievances to provide professional advice to support the process.
- The manager should arrange to hear the Grievance Appeal within 4 working weeks of receipt of the Grievance Notification Progression Form.
- The manager hearing the grievance should ensure that they have a fully completed Grievance Notification Progression Form submitted by the employee following Stage 1 of the formal Grievance process. This should specify the nature of the grievance, explaining the basis of their complaint, any potential witnesses and indicating how they would wish the grievance to be resolved. If the Grievance Notification Progression Form is not fully completed, the employee should be asked to complete the full details.
- The manager hearing the Grievance Appeal must arrange for the complainant and the respondent to present written statements surrounding the grievance in advance of the hearing. This is covered in the standard letters inviting both parties to the hearing. If there has been agreement by both parties to extend timescales expressed in the policy this should be covered in any letter sent.
- A copy of a template management statement of case is available in the templates.
- All written statements should be circulated amongst all parties at least one working week before the Grievance Appeal hearing, by the manager conducting the hearing.
- The manager should book a suitable room for conducting the hearing, which will be free from interruptions.
- Adequate rooms/waiting areas should be provided for all parties involved in the hearing, including witnesses where possible.
- It is the responsibility of the complainant and respondent to arrange for their witnesses to attend.
Formal Stage 2 Hearing
- The manager chairing the Grievance Appeal should invite the individual, their representative and management side in to the room at the same time and confirm with any witnesses when they will be required.
- The Chair should introduce the panel and ask the others present to introduce themselves.
- If the employee is not accompanied, then the chair should clarify with the employee their right to be represented by a trade union representative, colleague or friend and ask if the employee is happy to proceed with the hearing.
- The Chair should explain the process of the hearing and confirm that this is the final stage in the Grievance Policy.
- The hearing may be adjourned at the discretion of the Chair to enable further evidence to be produced by either party, or any other reason.
- Both the employee and the panel must be given the full opportunity to present cases verbally and call any witnesses.
- The employee or the employee’s representative shall have the opportunity to state their case to the panel in the first instance.
- If applicable, the employee may wish to call witnesses.
- Witnesses will only be present at the hearing when they are presenting evidence.
- If applicable, the management representative will be asked to present their case and call any relevant witnesses to support their case.
- The employee or employee’s representative and members of the panel shall have the opportunity to ask questions of management representatives and witnesses.
- Written evidence not previously circulated and presented at the hearing may only be admitted at the discretion of the chair of the appeal hearing.
- Witnesses will only be present while giving evidence.
- The panel may wish to clarify the information presented or consider if additional information is required in order to make a decision.
- The management representative and the employee or their representative shall have the opportunity to sum up their case if they so wish. The employee or their representative should have the right to speak last. In their summing up, neither party may introduce any new matters.
- The panel will either take a decision if they feel there is no further information required, or alternatively, provide timescales to the employee for the outcome to be communicated.
Refer to letter 9: Grievance stage 2 outcome
- An outcome letter detailing the manager’s decision and the reason for the decision should be provided to the employee within 1 working week of the hearing,
- This letter must advise the employee that this is the final stage of the Grievance Policy.