Grievance and Disciplinary Procedures

A. Employee’s grievance about employment

An employee who has a grievance about employment should follow the procedure outlined below:

Stage 1

The employee raises the matter with the Personnel Committee Chair who will respond in writing within five working days from receipt of a formal complaint. Stage 1 may be bypassed when an employee is bringing a grievance against the Personnel Committee.

Stage 2

If the matter is not resolved In discussions between the employee and the PC, the employee may appeal in writing to the Management Committee Chair, who immediately sets up a panel of no less than three appointees. The panel will consider the grievance and Chair will reply in writing within ten working days of the constitution of the panel.

An employee has the right of veto over those conducting the grievance if their participation is felt to be part of the discrimination being discussed. This will be limited to three panel nominees. At Stage 2 or 3, the grievance panel may be asked to co-opt expertise or specific committee members by the employee and/or their representative to create an acceptable balance of opinion.

Stage 3

If the matter is not resolved a request will be made for an appeal meeting by the employee and/or representative. The appeal will be heard by a different panel of three Management Committee members within ten working days.

At all these stages the employee may be represented by someone of their choosing, such as another employee or, if appropriate, a trade union representative.

A grievance hearing shall not usually be started by an employee against whom disciplinary action is outstanding, unless it concerns a completely unrelated topic.

B. Employee’s grievance against a member

An employee who has a grievance about a Co-op member should follow the procedure outlined below:

The Personnel Committee hears the grievance. It is essential that no PC member is involved who is a close friend or relative of the Co-op member complained about. If necessary, an adviser who is not a member of the Co-op can be co-opted to ensure fair treatment.

If the employee is not satisfied with the outcome of the hearing, there shall be an appeal mechanism. A panel of three Co-op members, who were not involved in the original hearing, shall be set up by the PC. An adviser may be co-opted as above. The member complained about will have similar rights.

The employee and the member complained about have the right to object to the composition of the panel. This will be limited to three panel nominees. Both the employee and the Co-op member have the right to representation. Such a representative need not be a Co-op member.

The PC will keep records of the processes but confidentiality will be maintained. The Management Committee will be informed of the outcome of the grievance hearing, but the member complained against will only be named if the grievance is upheld.

A member’s grievance against an employee

A Co-op member who has a grievance about an employee should follow the procedure outlined below:

Such a complaint must be in writing, and sent to the Personnel Committee. The Personnel Committee shall investigate the complaint, including interviewing the member who has made the complaint, and the Co-op employee involved. The Co-op employee and the member who is bringing the grievance shall have the right of representation at any interview, and shall be given at least five days notice of the interview. The representative need not be a fellow employee. Both the member and the employee involved shall have the right to call witnesses and present evidence.

The Personnel Committee shall reply to the Co-op member involved. If the employee is judged to have breached disciplinary rules in either performance or conduct, the Committee will recommend disciplinary action under the Disciplinary Procedure.

If the Co-op member is not satisfied with the reply from the Personnel Committee, they shall have the right to appeal to the Management Committee.

If the Management Committee decide that the complaint justifies further investigation, they shall set up a panel of at least three members to re-examine the complaint. The procedure to be followed shall be as for the original hearing. Their decision will be final.

Composition of panels

The Co-op employee and the member who is bringing the grievance shall have the right to object to the three members of each panel. This will be limited to three panel nominees. Each panel shall have at least one member of each sex.

Allegations regarding performance or conduct

1. At any stage the Personnel Committee may instigate a disciplinary hearing to investigate allegations regarding performance or conduct of an employee. This may arise out of a grievance brought by a member.

2. Disciplinary hearings will be heard by a panel of three Management Committee representatives. At least one man and one woman will be on the panel, none of whom will have been directly involved with the case previously. The Co-op may wish to consider co-opting an external expert.

3. Preliminary Discussions

a) Performance

Where the employee’s performance is below the required level expected for the job, the Personnel Committee should bring this to the employee’s notice at the time of the deficiency. The Personnel Committee should advise the employee of the areas where improvements are required and define the expected standard of work or conduct. The Personnel Committee will give assistance wherever possible to bring about this improvment. A review should normally be agreed to monitor subsequent progress.

b) Conduct

Where an employee’s conduct is in question, the Personnel Committee will investigate the facts promptly and if an offence is established, every reasonable endeavour will be made to find the reason for the offence. If the reason is considered to be outside the employee’s control, appropriate action to attempt to resolve the problem will be taken or some allowances made. The nature and reason for any allowance should be explained to other co-op members who may be affected by this. If the reason is considered within the employee’s control, the Personnel Committee will interview the employee to give him/her an opportunity to explain the alleged shortcomings. The matter may be closed at this stage; reviewed at a later stage; or disciplinary action within the appropriate section of the Procedure may be taken.

Preliminary discussion does not form part of the Disciplinary Procedure; any discussions or resulting plans will be regarded as informal. It should be regarded as a desirable activity which should precede wherever possible any decision to take disciplinary action.

Stage 1: First Oral Warning

If conduct or performance is unsatisfactory, the employee will be given a first warning by the Personnel Committee which will be recorded in writing and a copy placed on the employee’s personal file. The employee should be clearly advised of the areas where improvments are required and the expected standard of work or performance should be defined. The employee will be informed of the consequences if further misconduct occurs or if performance does not improve. The warning will be disregarded after six months satisfactory service, and withdrawn from the personal file. Further disciplinary action need not be for the same or similar offence to that contained in the first warning, if the offence takes place within six months of the formal warning having been issued.

Stage 2: Second Warning

If conduct or performance continues to be unsatisfactory of if the offence is serious, a second warning will be given by the Management Committee, which will include the reasons for the warning and a note that if there is no improvemnt after a specified period (up to one year maximum) a final warning will be given. The areas of improvement required should be clearly defined. A copy will be given to the employee and a copy placed on the employee’s personal file.The copy will be removed from the employee’s personal file after one year and the warning disregarded.

Stage 3: Final Warning

If misconduct is more serious, or performance is still unsatisfactory after the period specified in Stage 2 has elapsed, a final warning will be given the Management Committee, making it clear that any recurrence of the offence or other serious misconduct within a spcified period (usually one year) may result in dismissal.A copy will be given to the employee and a copy placed on the employee’s personal file.

Stage 4: Dismissal

If there is no satisfactoyr improvement or if further serious misconduct or gross misconduct occurs, the employee may be dismissed by the delegated members of the Management Committee.

It should be noted throughout the above procedure that, depending upon the gravity of the offence, the procedure may be initiated at the second, or at a later stage. The employees will at all times by informed by the Personnel Committee of what constitutes acceptable standards of performance, of behaviour, and offered whatever help may be considered appropriate in meeting those standards.

An employee may be suspended from work on full pay, only in cases of gross misconduct, if deemed appropriate by the Management Committee.

The Personnel Committee should have the responsibility to suspend a member of staff, in conjunction with the Management Committee chair. The Management committee shall review the suspension as soon as possible.

In the event of a worker who is suspended being dismissed, their pay shall cease from the date of the disciplinary hearing, with payment of any period of notice or outstanding leave if appropriate. If they are reinstated on appear, they shall be paid for the period between the initial hearing and the appeal.

The following matters are considered to be gross misconduct:

• theft or unauthorised possession of Co-op or other employees’ property, or property belonging to tenants or licensees of the Co-op
• assault of employees or other third parties during the course of employment
• knowing and wilful breach of Section 15 of the 1985 Housing Associations Act
• persistent or deliberate refusal to carry out a legal management instruction given by the Personnel Committee
• deliberately endangering the health or safety of others
• wilful damage to the property or possessions of other employees or those belonging to tenants or members of the Co-op.
• any act of deceit or dishonesty relating to your employment or Co-op business or affairs
• divulgence of any confidential information of the Co-op to any third parties without prior authority or consent
• racial/sexual/disablement discrimination/harrassment/victimsation
• breach of the Co-op’s Equal Opportunities Procedures.

The list is not exhaustive. If after investigation and a hearing, it appears that an employee has committed gross misconduct the normal consequence may be dismissal.

The procedures will be instigated within 2 weeks of the alleged offence having taken place or come to the attention of the Personnel Committee or as negotiated with the employee and their representative. Any investigative procedures will occur within these ten working days.

Stage 1

The Appeal panel will consist of three Management Committee members or members of the wider Co-op who have not been involved in the case so far. The panel will arrange a hearing within two weeks.

In cases where an appeal is being made due to alleged discriminaton (sexual, racial, sexual orientation, disability), if possible the committee of appeal will include members who have expertise in the field.

Stage 2

In cases of dismissal a final appeal to a special meeting of the Management Committee may be requested by the employee or representative; and a panel of five appointees from that committee, or from members of the wider Co-op who have not been involved in the case so far, will consider the case further. The panel will arrange a hearing within two weeks.

The Appeals Panel may co-opt expertise from outside agencies or invite that expertise to sit on an Appeals Panel in cases of alleged discrimination.

The Panel makes a recommendation to the Management Committee, whose decsion will be final.