Issue - meetings

The report outlines the content of one new HR policy: the Sabbatical Policy, and two revised policies: the Grievance Policy and the Disciplinary Policy.

The Head of Employment, Reward, and Transformation introduced the report which outlined the content of one new Human Resources (HR) policy: the Sabbatical Policy, and two revised policies: the Grievance Policy and the Disciplinary Policy. It was noted that all three policies had been subject to consultation with the trade unions.

In relation to the Grievance Policy, the Head of Employment, Reward, and Transformation explained that this had been reviewed in 2019 and was being updated to reflect best practice and to clarify some processes. It was noted that the recommendations provided clarity on who could raise a grievance, on the status of agency workers in relation to grievances, on mediation, on data storage, and on the process for dealing with any recommendations arising from grievance cases.

In response to questions from the Committee, the following responses were provided:

·         It was explained that grievance appeals were normally heard by senior managers who would be independent. It was noted that grievance appeals did not normally involve councillors unless they related to the Head of Paid Service, Monitoring Officer, or Section 151 Finance Officer.

·         It was enquired whether grievances would be addressed by a senior officer from the same directorate and whether this could lead to conflicts of interest. It was noted that this would depend on the nature and the grounds of the grievance. It was explained that some departments were large and it was possible for a number of senior managers in the directorate to be able to act without a conflict of interest; this would be important if any directorate-specific knowledge was required. It was highlighted that a representative from HR would be assigned to each case and would provide advice, including advice relating to potential conflicts of interest.

·         It was noted that the revised policy aimed to provide clarity in relation to ex-employees. It was explained that these cases were expected to be resolved in a timely way. It was added that, after an employee had left, there was not normally a right of appeal but this would be considered on a case by case basis.

·         It was confirmed that there had been consultation on the revised policies. The Head of Employment, Reward, and Transformation noted that the consultation had included discussion and clarification of the process for ex-employees and the arrangements relating to data access and processing.

In relation to the Disciplinary Policy, it was noted that the last review had taken place in 2018 and that the majority of changes were to implement best practice and to provide some clarification. There were updates that sought to formalise the arrangements on data sharing when an independent investigator was used, to confirm the ability to have remote investigation meetings where appropriate, to clarify the role of witnesses, and to confirm the recording arrangements.

It was highlighted that the revised policy proposed to remove the right to trade union representation at suspension stage; it was noted that this was not a right according to the Advisory, Conciliation, and Arbitration  ...  view the full minutes text for item 8