Grievance policy for public servants

​​​​​​​​​​​​​​​​​​​​​​​​​ Introduction

This document comes in 2 parts.

Part 1 sets out the Jersey Public Services policy and principles regarding resolving workplace grievances.

Part 2 provides the procedure, setting out how to ​respond to and progress a grievance, with links to toolkit items to give you more information. The procedure is intended as a guide only and may change or be varied from time to time.

This policy supersedes all previous policies, circulars and procedures connected with grievances within the Public Service.

Code of practice and policy family

This policy forms part of the code of practice for performance and accountability. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change.

Grievance policy

Policy purpose

Policy principles

All our policies are underpinned by our values and behaviours.

This policy and procedure aim to:

• ensure everyone is treated in a fair, consistent, and equal manner, free from discrimination and victimisation
  
• be clearly written, easy to understand and apply
• ensure our compliance with the Employment (Jersey) Law 2003, Discrimination (Jersey) Law 2013 and other relevant legislation and regulations
  
• ensure if you are raising a grievance, you do so in a timely manner, within 8 weeks of the most recent triggering event, and you should be willing to participate constructively in an open discussion on the issues raised, whether at the informal or formal stage of a grievance
  
• encourage employees and managers to make every effort to resolve concerns informally in the first instance as this is the most effective way of addressing grievances. However, if the grievance is deemed too serious to be resolved informally, or the informal stage has not been successful, a formal grievance may be raised
  
• ensure your grievance is listened to, and will be taken seriously, handled sensitively and in a swift manner
  
• ensure where an investigation is necessary, it will be fair, independent, and handled discreetly
  
• ensure wellbeing support is offered for all parties involved
  
• ensure that at any stage of the procedure, those involved in attempting a resolution or in investigating a complaint must act fairly and in accordance with good practice and the principles set out
  
• any person against whom a complaint has been made has the right to know the nature and sufficient details of the complaint in order to respond
  
• ensure all persons involved in the procedure are fully conversant with the procedure and guidance contained in this document​

Policy scope

Your grievance should be submitted promptly, normally immediately after the incident or at the latest, within 8 weeks of the most recent triggering event taking place. In exceptional circumstances this timeframe may be extended by the Chief Officer or their delegate after taking advice from the case management team.

This policy must not be used as a mechanism to appeal against other employment matters which have their own appeal mechanisms.

Concerns regarding bullying and harassment will be dealt with under the dignity and respect at work policy​. Concerns regarding whistleblowing will be dealt with under the whistleblowing policy.

This policy does not apply to grievances raised on behalf of 2 or more employees by a representative of a recognised trade union where there is trade union recognition agreement in place with the employer. These grievances should be dealt with in accordance with the employer's collective dispute process under the Trade Union framework​.

Any grievance raised by you prior to leaving employment, will be dealt with under this policy and procedure as may be appropriate. However, once your employment has ended, you will no longer be involved in any aspect of the process unless the employer expressly requests your on-going participation.

Eligibility

This policy applies to all Jersey public servants whether permanent, non-permanent, or on a zero-hours arrangement. It also applies to police officers within the States of Jersey Police Force excluding the Chief of Police and Deputy Chief of Police where alternative procedures apply.

Whilst this is a Jersey Public Services policy, it applies to public servants employed by the States Employment Board. Any reference to States of Jersey means the wider non-executive arm of public services.

This policy does not apply to agency workers or those providing an external consultancy service to the public sector, who should raise any grievance with their employing agency in the first instance or refer to their contract for service.​

Performance and accountabilities

All of us 

We all have a responsibility to treat one another with fairness and respect. We all have a responsibility to follo​​w the timescales set out in the procedure to support a swift resolution. 

Line man​agers ​

Our managers are role models, set clear standards and are supportive (People Strategy Commitment – Your Experience). As a line manager, you are responsible for modelling our values and behaviour expectations. You set the tone for your team. You also have a responsibility to attempt to resolve all grievances informally in the first instance.

Our Pe​op​l​e Str​ategy​

You are responsible for familiarising yourself with this policy and understanding your role in the procedure, particularly addressing concerns swiftly. You are also responsible for undertaking any relevant management training or briefing sessions related to this policy or people management.

You are accountable for applying this policy to your work areas and the responsibility for addressing grievance matters sits with you, unless agreed otherwise with the HR Case Management Team.

You are responsible for ensuring good two-way communication is maintained throughout any part of the process to keep all parties informed and up to date. 

You must ensure that individuals are aware of the support measures available to them and be mindful of general team wellbeing during any grievance process. 

You are also responsible for helping to repair working relationships after any process has concluded. 

Chief People ​Officer

You are the custodian of all Government of Jersey people policies.

You will ensure that this policy and its procedure are implemented using appropriate communication methods, to aid organisation wide awareness, in order that responsibilities can be fulfilled.

You will ensure that reviews take place in line with the schedule in the policy control sheet and that development of this policy and procedure is in keeping with the Corporate Policy Framework, People Policy Guidelines, and our People Strategy.

The People Services departmental operational team are responsible for providing advice and monitoring any formal processes in line with this policy and procedure.

People Services departmental operational team​

The People Services departmental operational team are responsible for providing advice and support at the informal stage and monitoring any formal processes in line with this policy and procedure.

HR Case Management​

The HR Case Management team will provide advice and support at the formal stage on this policy and procedure.​

Chief Executive Officer, Chief Officers and Hea​​ds of Administration

You are accountable for familiarising yourself with:  

• our 6 Codes of Practice  
  
• this policy and procedure  
  

You are responsible for ensuring line managers and employees within your department carry out their responsibilities, as set out in this policy. This includes the notification and recording of any breaches and upholding the spirit of the code of this policy and its procedure.

You are responsible for modelling and championing our values and ensuring that our organisation's standards and expectations are communicated clearly and fully adopted by your department. You set the tone for the behaviours both within your department and across the organisation.

States Employment Board 

The Board has a duty to issue Codes of Practice in accordance with Article 8 of the Employment of States of Jersey Employees (Jersey) Law 2005. This code will be reviewed at the start of each term of States Employment Board, or earlier where relevant legislation or regulations change. 

What is a grievance

A grievance is a workplace concern, problem, or complaint, normally about unfair treatment, or perception of unfair treatment in the workplace. A grievance might be about how your terms and conditions of employment are being applied, the physical working environment, new working practices or general treatment at work.

If the concern falls outside of the scope of this policy, please refer to the most appropriate policy or seek advice from your department's People Services team.

The procedure

Informal stage

If you wish to raise a grievance, you should start by speaking with your line manager wherever possible. You may be able to agree a solution informally between you, including where possible, how to address the concern informally directly with the other person.

If the concern or issue being raised is about your line manager and you don't feel able to discuss this with them, you should escalate this to your line manager's manager. If you feel unable to speak to your line manager's manager, you may wish to speak to your departmental Human Resources Consultant or Business Partner.​

There is a strong emphasis in this policy to resolve concerns informally and you are encouraged to be open to any of the informal approaches proposed in the first instance.

Line managers have a responsibility to act swiftly and initiate a 14-day resolution period. The aim of the 14-days is to resolve the grievance at an informal level at the earliest possible stage.

During this time managers should arrange and conduct a facilitated meeting with you, the complainant.

If the nature of the concern only involves you, your manager can discuss the concerns with you, make the relevant and necessary enquiries into your concern, and attempt to resolve them promptly.

If there are other employees involved, your line manager will inform the respondents of the nature of the concerns raised to allow them the opportunity to reflect and participate constructively in a facilitated discussion. Please refer to our guidance on informal ap​proaches​ on how to conduct this meeting or alternatively, refer to your department's People Services team for advice.

If appropriate at this stage, mediation may also be arranged. Mediation provides an opportunity for those involved to discuss concerns with the support of a neutral third party, with the aim of reaching a mutually acceptable outcome.  While it may not be suitable in every circumstance, encouraging mediation at an early stage can often resolve issues more quickly, preserve working relationships and prevent unnecessary escalation.  Mediation is voluntary, so it only happens if everyone involved agrees, but we strongly recommend considering it before making a formal grievance.

Once you have been informed of any outcome of the informal stage, and if you are satisfied your grievance has been resolved, your grievance will be closed.

Formal grievance

If the matter hasn't been resolved at the informal stage, or it is deemed too serious to be resolved informally, you should put your formal grievance in writing using the formal grievance form and submit to your line manager. This person will be known as the grievance manager. Where either the employee or the line manager considers there is a conflict of interest in the line manager progressing the grievance, the matter will be escalated to the line manager’s manager or other appropriate manager for consideration and handling.

When completing this form, you should keep to the facts and ensure any content aligns with our values and behaviours and codes of practice.

The grievance manager will review the formal grievance form and contact the case management team, at hrcasemanagement@gov.je, who will assign a case manager and provide the relevant advice and support. You may be asked to meet with the grievance manager, if there are any points in your grievance that needs to be clarified.

Formal Grievance Form