Where a grievance is raised on an issue attributable to an identifiable management decision, the decision on the grievance should be taken, where this is practicable, by an officer at least one management level higher than the officer who was responsible for the decision or action which is the subject of the grievance. Appeals on grievance matters must be heard, where this is possible, by someone at least one level higher than the person making the decision being appealed. Appeal decisions should be taken by someone independent of the original decision if this is practicable. Collective Grievances 4.5.13 Recognised trade unions have the right to make representations on procedural matters and on general principles underlying disciplinary action. Such representations may be made centrally and at departmental and agency level. Additionally, trade union representatives or another employee representative may raise a collective grievance on behalf of more than one employee. In line with the statutory procedures, these would normally be dealt with through the ordinary channels of trade union/departmental communications rather than through the grievance procedure, and departments and agencies will then be considered as having complied with the statutory grievance procedure. Rules common to disciplinary and grievance procedures Assistance at a hearing 4.5.14 must be given the right to the assistance of a trade union official or a colleague throughout formal disciplinary or grievance proceedings. Appeals 4.5.15 Departments and agencies must make clear to individuals their rights of appeal against disciplinary or grievance decisions. Staff must have a route of appeal within the department or agency. In addition, departments and agencies must allow staff who are dismissed to appeal to the Civil Service Appeal Board if they are eligible to do so (see paragraph 12.1.7). Rules on recovery of losses 4.5.16 Departments and agencies must apply, where appropriate, the rules which apply to the recovery of losses to public funds on dismissal and to the forfeiture of superannuation benefits in respect of dismissal for certain criminal offences. These rules are set out in Annex A.
Where a grievance is raised on an issue attributable to an identifiable management decision, the decision on the grievance should be taken, where this is practicable, by an officer at least one management level higher than the officer who was responsible for the decision or action which is the subject of the grievance. Appeals on grievance matters must be heard, where this is possible, by someone at least one level higher than the person making the decision being appealed. Appeal decisions should be taken by someone independent of the original decision if this is practicable. Collective Grievances 4.5.13 Recognised trade unions have the right to make representations on procedural matters and on general principles underlying disciplinary action. Such representations may be made centrally and at departmental and agency level. Additionally, trade union representatives or another employee representative may raise a collective grievance on behalf of more than one employee. In line with the statutory procedures, these would normally be dealt with through the ordinary channels of trade union/departmental communications rather than through the grievance procedure, and departments and agencies will then be considered as having complied with the statutory grievance procedure. Rules common to disciplinary and grievance procedures Assistance at a hearing 4.5.14 must be given the right to the assistance of a trade union official or a colleague throughout formal disciplinary or grievance proceedings. Appeals 4.5.15 Departments and agencies must make clear to individuals their rights of appeal against disciplinary or grievance decisions. Staff must have a route of appeal within the department or agency. In addition, departments and agencies must allow staff who are dismissed to appeal to the Civil Service Appeal Board if they are eligible to do so (see paragraph 12.1.7). Rules on recovery of losses 4.5.16 Departments and agencies must apply, where appropriate, the rules which apply to the recovery of losses to public funds on dismissal and to the forfeiture of superannuation benefits in respect of dismissal for certain criminal offences. These rules are set out in Annex A.
CSMC_November_2016.docx