Human Resources - Grievance protocol (L1420)

1. Summary of changes

1.1 This protocol has been fully reviewed in September 2024 - paragraphs 2, 3.17.2.3 and 9.1 updated.

2. What this protocol is about

2.1 This protocol applies to all police staff, police officers, special constables, agency staff and volunteers; throughout this protocol we will refer to staff member as a generic group. 

2.2 This protocol exceeds the minimum standards set down by ACAS and will be followed in all cases. The only exception will be where the individual is no longer employed by Essex Police or Kent Police (refer to Section 3.13 below). All stages should be followed unless justified in writing by the manager dealing with the grievance and the human resource professional advising on it.

2.3 The roles and responsibilities of those involved in the grievance process can be located here.

2.4 This protocol applies to all staff members as defined in section 2.1 but does not form part of the employment contract; this protocol may be updated or amended at any time. 

Compliance with this protocol and any governing policy is mandatory for all officers, staff, special constables, volunteers and contractors. However, the Head of HR Operations may exercise discretion to consider reasonable exceptions to this protocol, on a case-by-case basis where clear rationale is provided. 

3. Detail the protocol

3.1 Both Essex Police and Kent Police are committed to ensuring that people are treated fairly, with dignity and respect and can work within an environment free of discrimination, harassment, victimisation and hostility. It is recognised that in any organisation problems sometimes occur, ranging from minor to more serious issues.

3.2 As defined by ACAS and included in Home Office guidance; grievances are concerns, problems or complaints raised by a staff member with management. Anybody may at some time have problems or concerns about their work, their working conditions or relationships with colleagues that they wish to raise.

3.3 This protocol aims to:

• provide a clear and fair approach to dealing with workplace issues and grievances through effective early management engagement where possible
• support a working environment where individuals may raise concerns without fear of recrimination or victimisation, and everyone is treated with dignity and respect
• encourage individuals to seek to resolve workplace complaints informally and as quickly as possible
• resolve workplace issues and grievances in a timely fashion
• identify and implement learnings (individually, departmentally or organisationally) and make improvements where possible

3.4 Wherever appropriate, the forces will seek to resolve matters that arise in the course of working relationships informally. This approach helps minor concerns to be resolved speedily without recourse to formal action and is of benefit to both the individual and to the organisation in which they work. The early, satisfactory resolution of problems will help to create a better working environment for everyone. The principles of effective grievance resolution in both Essex Police and Kent Police are available together with the ACAS standards; Disciplinary and grievance procedures | Acas.  

3.5 All individuals should feel confident to raise any issue in the knowledge that they will be treated fairly and honestly. Likewise, individuals who make honest mistakes should feel confident that they too would be treated fairly. The focus when raising a grievance is on resolution therefore on individual and organisational learning and shall not be about apportioning blame or applying punishment.

3.6 It is essential that resolution takes place at the lowest possible management level and managers must take personal responsibility for ensuring a proportionate and reasonable response. If it is necessary to shortcut the informal process, the reason should be fully documented. The investigation of a grievance does not require the same rigour as a discipline or criminal investigation.

3.7 Those raising workplace issues or grievances are expected to raise them promptly (normally within three months of when they first became aware of the issue) and in good faith, to easily enable resolution.

3.8      Concerns in relation to the conduct of another staff member

3.8.1 Staff who wish to raise concerns in relation to the conduct of another staff member, should do so via the relevant Professional Standards Department:

• Essex Police Professional Standards Department: connEXion - PSD Portal (ecis.police.uk)
• Kent Police Professional Standards Department: Professional Standards Department - Home (sharepoint.com)

3.9      Seeking support

3.9.1 Going through a grievance process, can be very stressful. Any individual may seek support during the grievance process at any time from an association, network or support group. 

3.9.2 The following table provides examples of support available in both Essex and Kent, this list is not exhaustive, contact details for all associations, networks and support groups can be found on the relevant force’s intranet site.

Essex	Kent
Unison	Unison
Police Federation	Police Federation
Human Resources	Human Resources
Occupational Health and Welfare	Occupational Health and Welfare
Essex Minority and Ethnic Support Association (MESA)	Race Equality Network (REN)
Women’s Leadership & Development Forum (WLDF)	Kent Network of Women (KNOW)
Disability Network	Enable
LGBTQ+ Network	Kent Police LGBT+ Network
Fairplay Adviser Network	Christian Police Association
Christian Police Association	Kent Police Agile Community
Agile Working Support Network

3.9.3 Staff are reminded that they can also seek independent support by accessing the 24/7 Employee Assistance Programme (EAP). Information in relation to this can be found on the intranet via the Healthy You. 

3.10    Welfare officer appointment

3.10.1 Line managers or the grievance reviewer (individual’s managing the grievance) should consider appropriate support, including the appointment of a welfare officer, depending on the circumstances. 

3.11    Representation

3.11.1 Any person may be accompanied to a grievance meeting by a representative from their Union, Federation, National Police Superintendent Association (through the Branch Chair or Secretary), staff support group/network representative or by any serving member of Essex Police or Kent Police if they wish. 

3.11.2 Legal representation is not permitted at grievance meetings.

3.12    Notification of grievance

3.12.1 Subjects of grievances are entitled to be advised what the grievance is about and how it relates to them as soon as reasonably practicable. When a grievance is received, HR will record, acknowledge, and confirm the next steps. At this stage the subject is not formally informed that they have been named in a grievance. If the matter is referred to the command area for informal resolution to take place, it is the responsibility of them to inform the relevant person(s) they have been named as a subject in a grievance. If, however, the matter is progressed straight to a grievance reviewer the appointed person is then responsible in informing the relevant party they have been named as a subject in a grievance.

3.12.2 Depending on the circumstances of the case the reviewer may refer to sources of additional support for example through Occupational Health or recommend the appointment of a welfare officer to management. Refer to sections 3.9 and 3.10 of this protocol.

3.12.3 Grievance reviewers will provide updates at a minimum of 14 calendar day intervals to all relevant parties.

3.13    Raising a grievance

3.13.1 Before raising a grievance, the individual should consider what resolutions and outcomes they are hoping to achieve and how they would like the matter to be handled, this should be documented in their grievance submission. Being clear about the issues that need to be resolved and what a satisfactory outcome might look like can help resolve a grievance. Potential outcomes could include:

• facilitated conversation or mediation – either formal or informal
• discussions with each of the individuals concerned
• individual action plans and/or individual activities
• no further action
• recommend an apology

or

• any combination of the outcomes mentioned above

3.14    Raising a grievance when leaving or left

3.14.1 If a member of staff raises a grievance and leaves the force before the grievance has been finalised or an individual raises a grievance after their employment has ended, matters will continue to be addressed, however the outcome will be confirmed in writing. 

3.15    Grievance procedure – the stages

3.15.1 There are three stages to the grievance protocol which are:

• Stage 1 - informal resolution – see section 3.16
• Stage 2 - formal grievance procedure – see section 3.17
• Stage 3 – appeal – grievance procedure – see section 3.18

3.16    Stage 1 - informal resolution

3.16.1 Individuals are encouraged to seek to resolve workplace grievances directly where possible as this is often the best way of resolving concerns. Every effort should be made to deal with the issue as soon as is reasonably practicable by discussing the issue directly with the person(s) involved. Where that has not been possible or is not practicable individuals should raise their concerns with their line manager or second line manager.  

3.16.2 Where there is potential conflict at work such as disagreement between colleagues, an early resolution meeting, with facilitation if appropriate, should help to resolve the situation. Informal early resolution aims to support colleagues by securing lasting constructive solutions. Any agreement reached is both voluntary and confidential. 

3.16.3 Guidance on facilitated conversations/mediation can be located here.

3.16.4 Where the person raising the grievance does not consider it appropriate to seek assistance from their line manager, they should approach a member of an appropriate support association/network/group or another manager or a member of HR. 

3.16.5 It is recognised the longer an issue remains unresolved, the harder it becomes to reach an informal resolution and the more intractable positions become, as such Informal resolution should be completed as soon as possible, ideally within 21 calendar days of it being raised in order to encourage a prompt and effective resolution.

3.17    Stage 2 - formal grievance procedure

3.17.1 Step 1 - raising a formal grievance

3.17.1.1 If informal resolution has not been successful, then the following process should be followed. A flowchart of the process can be found here.

3.17.1.2 The individual raising the formal grievance should complete a formal grievance - submission form that is relevant for their force and email a copy to [email protected]

3.17.1.3 The form should be submitted within a reasonable time from when the issue arose and after the conclusion of any early management intervention (Informal resolution). The following information must be included:

• information about the informal resolution stage including:
  • the names and contact details of the person(s) responsible for the informal resolution stage, for example the line manager, second line manager, FairPlay Advisor (Essex Only) or a member of an appropriate support association/network
  • actions taken as part of the informal resolution stage
  • why the informal resolution stage was not successful in resolving the issue/grievance
• a description of the nature of the grievance including:
  • the names of all individuals involved
  • the date(s) on which the issue(s) which are the subject of the grievance occurred
  • available relevant information e.g., emails, summaries of phone calls/meetings etc.
  • the desired outcome or resolution to the grievance (see section 3.13 more information on potential outcomes)

3.17.1.4 HR, Unison, Federation and association and support groups are available to provide advice on submitting a grievance and the information required - refer to Section 3.9 above. 

3.17.2 Step 2 - HR grievance assessment and appointment of a grievance reviewer

3.17.2.1 Upon receipt of a grievance HR will carry out an initial assessment of the grievance form based on the information provided. They will consider whether:

• further information/clarification is required from the person who has raised the grievance
• there are any issues raised which are not appropriate to be considered under the grievance procedure and which should be considered under another policy this will include consideration as to whether the matter should be referred to Professional Standards Department (PSD)
• a facilitated conversation would be an appropriate resolution (if not already pursued as part of the informal resolution stage)

3.17.2.2 Where a grievance submission makes an allegation of:

• criminality
• a protected disclosure
• discrimination with reference to a protected characteristic defined within the Equality Act 2010 (including bullying/harassment and victimisation)
• bullying and harassment and/or less favourable treatment unrelated to a protected characteristic
• a breach of the standards of professional behaviour and/or Code of Ethics

3.17.2.3 Available information will be assessed to determine whether the grievance or discipline process should be used; clarification and/or further information from the aggrieved maybe sought to ensure the most appropriate route to resolution is taken. HR may consult with the relevant Professional Standards Department (PSD) to decide which process is more appropriate for consideration of the issues raised in the grievance form, refer to point 3.20.1 for further information. On occasions a formal assessment by PSD maybe required. 

3.17.2.4 HR in conjunction with relevant command team will identify a grievance reviewer to consider the grievance. A grievance reviewer will be requested to declare any circumstance that might be, or appear to be, a conflict of interest. A conflict of interest will include any clear risk to the objectivity of decisions or assessments undertaken in respect of the person raising the grievance or the subject.

3.17.2.5 HR will email the person who has raised the grievance introducing them to the grievance reviewer who has been appointed to consider their grievance.

3.17.2.6 Should the person who has raised the grievance consider there to be a conflict in respect of the grievance reviewer allocated, they should request an alternate reviewer providing the rationale for their request to HR. HR will consider the request and the rationale provided and where applicable assign a new grievance reviewer. 

3.17.2.7 After the grievance has been accepted any situations that arise that are unrelated to the current grievance need to be raised on a separate grievance form.

3.17.2.8 If, during the process, another party submits a counter grievance, this should be reviewed by the same HR professional who undertook the initial grievance assessment with a view to resolving the grievances as a whole and as part of the same process.

3.17.2.9 Where a number of individuals initiate grievances separately, but the issues or grievances raised are substantially the same, HR will normally appoint one grievance reviewer to consider the grievances collectively.

3.17.2.10 It may be necessary to vary the procedure above for example where a grievance is raised against a member of HR. 

3.17.2.11 HR will track and record all formal grievances to ensure:

• a consistent approach
• identification of wider issues or trends
• to promote organisational learning and best practice

3.17.3 Step 3 - grievance resolution procedure

3.17.3.1 Following assessment, the grievance reviewer will invite the person who has raised the grievance to a meeting to discuss their concerns, this will usually be within five working days, any delays in relation to this meeting will be communicated. The grievance reviewer will seek to agree the scope of their review and discuss the resolutions being sought including where applicable managing expectations in terms of the resolutions sought. This discussion will also include agreement in relation to how records of meetings will be made and sent to those attending for approval; the method of recording (written, audio or visual methods) will be agreed by all parties. 

3.17.3.2 In order that the grievance may be considered and concluded as quickly as possible, the person who has raised the grievance should consider every option to enable them to attend a grievance meeting(s) either in person or remotely if that is not feasible or is required as a reasonable adjustment. If the person who raised the grievance is unable to attend a meeting, alternative ways to proceed may be proposed, for example an assessment based on the documentary information submitted. 

3.17.3.3 The grievance reviewer should consider whether the appointment of a welfare officer or additional support for example through Occupational Health or Counselling and Wellbeing is required for any of the individuals named within the grievance; this decision should be made after discussing with the individuals. 

3.17.3.4 The grievance reviewer will consider: the parameters of the grievance, who they need to speak to, and whether further information is required from persons other than the person who has raised the grievance. If applicable, the grievance reviewer may hold further meetings in order to gather the information required to come to an assessment of the situation and make recommendations to resolve the grievance. All individuals requested to attend a meeting should be as clear as possible on the facts about the issue in question and provide documentary evidence if possible.

3.17.3.5 All parties may be asked about their decisions, role, behaviour or actions as relevant and will be given the opportunity to explain their perspective in order that the grievance reviewer may evaluate the grievance objectively. All parties should confine their explanations to matters that are directly relevant to the grievance in question. All participants in the process must remain professional, open to consider opposing views and be open to seeking a resolution in a calm and respectful manner. 

3.17.3.6 Grievance reviewers will provide updates at a minimum of 14 calendar day intervals to all relevant parties, where this is not possible an explanation will be provided. This timeframe maybe amended by mutual agreement. 

3.17.3.7 The grievance reviewer is responsible for deciding when there is sufficient information gathered to reach a finding.

3.17.3.8 After reviewing the documentary evidence and concluding their meetings the grievance reviewer will produce a report either using formal grievance – response form or by another report format; the report will be based on the balance of probabilities to resolve the grievance and include a summary record of their review, the resolutions and the conclusions arising from it. As a minimum it shall cover:

• the concerns raised by the person who submitted the grievance
• the actions taken to resolve the grievance including who they have spoken to/interviewed, documents received etc.
• a summary of the key evidence, highlighting any conflicting evidence
• objective conclusions reached based on the evidence
• recommendations
• learning - individual, departmental and organisational (the rationale for which should be thoroughly explained in the written report)

3.17.3.9 As part of the process of producing a draft report, the reviewer should consult about potential recommendations with the relevant directorate/division or LPA senior management and/or other relevant person(s) where appropriate to ensure recommendations are reasonable and practical. The final decision as to what recommendation(s) are to be made rest with the grievance reviewer. 

3.17.3.10 Should the grievance reviewer identify any individual, departmental, or organisational learning during their consideration of the grievance, those learnings should be recorded on the learning section of the reviewer’s report and the rationale thoroughly explained. On occasions this learning maybe shared organisationally. 

3.17.3.11 The grievance reviewer’s report must be passed to HR for quality assurance.

3.17.3.12 Quality Assurance (QA)

3.17.3.12.1 QA is a confidential process carried out by HR to ensure the grievance reviewer’s report is clear and evidence-based, that any recommendations made are within the scope and parameters of the grievance protocol. HR may:

• suggest that more evidence might be required to support conclusions drawn
• remind the grievance reviewer that the grievance procedure does not allow for recommendations related to other policies/procedures/department without consulting with the relevant directorate/division or LPA.

3.17.4 Step 4 - Disclosure of the grievance report

3.17.4.1 Once the grievance report has been quality assured, the grievance reviewer will arrange to meet with the aggrieved and share the findings and recommendations with them. 

3.17.4.2 Once the aggrieved has been informed of the outcome of the grievance and no appeal has been received, the grievance findings will be circulated to the aggrieved (if not already done so), the subject(s) and relevant heads of departments/divisional/LPA’s or the nominated appropriate senior manager.

3.17.4.3 Grievance reports may be redacted to protect confidentiality where the report contains personal sensitive information relating to individuals. As part of information gathering, the reviewer will identify through discussion with parties if there are personal or sensitive information that they do not want to be included within their meeting summary report and keep a record of this.

3.17.4.4 Recommendations - heads of departments, directorates, divisional or LPA senior management will use their best endeavours to implement the recommendations outlined in the report disclosed. If for any reason they are unable to implement them they should provide a clear rationale as to why not to the grievance reviewer which will be retained with the grievance paperwork. 

3.17.5 Time limits for the formal grievance procedure (stage 2)

3.17.5.1 The formal grievance procedure should normally be completed within no more than two months from the appointment of the grievance reviewer.  This includes the time required for the grievance reviewer to complete their report and to complete the quality assurance process.

3.17.5.2 There may be circumstances an extension to the timescales may be agreed, that may include particularly complex grievances involving large numbers of people or because of operational commitments.

3.17.5.3 Any extension of time will be discussed with the person raising the grievance to take account of their views, the final decision will be made by the grievance reviewer, who must then update all parties. The reasons for any delay in the process should be fully documented in the final grievance report.

3.18    Stage 3 - Grievance appeal

3.18.1 Step 1 - Raising an appeal

3.18.1.1 After receiving a copy of the grievance report the person who raised the grievance has the right to appeal the decision within ten working days. The onus is on the person appealing the decision to provide evidence to demonstrate the reason for the appeal. 

3.18.1.2 The ground(s) of appeal include:

• procedural irregularities which have prejudiced the outcome
• the facts of the case do not support the outcome
• there is new evidence available that could not have been made available to the grievance assessor at the time the grievance was considered
• the proposed recommendation(s) is/are inappropriate given the circumstances

3.18.1.3 An appeal can be submitted by completing Section C of the Formal grievance - response form or by emailing [email protected]

3.18.1.4 The appeal should also include:

• an explanation of why the selected ground(s) of appeal are relevant
• any new evidence available that could not have been made available to the grievance assessor at the time the grievance was considered

3.18.1.5 Disagreeing with the grievance reviewer’s report or recommendation(s) alone is not a sufficient reason for an appeal to be considered.

3.18.1.6 HR are available to provide advice on documenting the appeal.

3.18.1.7 The appeal once concluded is the end of the grievance procedure; there is no further appeal available. The same issue will not be considered again if resurrected at a future date.

3.18.2 Step 2 - Grievance appeal assessment and appointment of an independent appeal reviewer

3.18.2.1 On receipt of an appeal a member of HR will carry out an initial review of the grievance appeal as documented in section 3.17.2 above.

3.18.2.2 If it is agreed that the appeal is appropriate to be dealt with under the grievance protocol HR will in conjunction with the relevant command team appoint an independent appeal reviewer to consider the appeal. 

3.18.2.3 An appeal reviewer will be requested to declare any circumstance that might be, or appear to be, a conflict of interest. A conflict of interest will include any clear risk to the objectivity of decisions or assessments undertaken in respect of the person raising the grievance or the subject.

3.18.2.4 HR will email the person who has raised the grievance appeal introducing them to the grievance appeal reviewer who has been appointed to consider their appeal.

3.18.2.5 Should the person who has raised the grievance appeal consider there to be a conflict in respect of the appeal reviewer allocated, they should request an alternate reviewer providing the rationale for their request to HR. HR will consider the request and the rationale provided and where applicable assign a new appeal reviewer. 

3.18.3 Step 3 - The appeal resolution procedure

3.18.3.1 The grievance appeal reviewer will:

• consider whether the grievance procedure was followed correctly
• review the grievance reviewer’s conclusion and consider whether, based on the evidence outlined in the report, the conclusion was erroneous
• consider new evidence that has been made available which could not have been made available to the grievance reviewer at the time
• consider whether the proposed recommendation(s) are inappropriate given the circumstances

3.18.3.2 Records of meetings will be made and sent to those attending for approval; the method of recording (written, audio or visual methods) will be agreed in advance by all parties.

3.18.3.3 Any person may be accompanied to a grievance appeal meeting by a representative from their Union, Federation, Superintendent Association, Staff Support Association/Network representative or by any serving member of the Essex Police or Kent Police if they wish. Legal representation is not permitted at grievance meetings.

3.18.3.4 After reviewing the documentary evidence and concluding their meetings (if applicable) the appeal reviewer will produce a report; the report will be based on the balance of probabilities to resolve the appeal and include a summary record of their review, the resolutions and the conclusions arising from it. Please refer to section 3.13 for more information. 

3.18.3.5 Quality Assurance (QA)

3.18.3.5.1 Quality Assurance (QA) is a confidential process carried out by HR to ensure the grievance appeal reviewer’s report is clear and evidence-based; refer to Section 3.17.3.12 above for more information. 

3.18.4 Step 4 - Disclosure of the grievance appeal report and recommendations

3.18.4.1 If the appeal is upheld (either in part or in full) the appeal reviewer will either complete formal grievance appeal - response form or write a report outlining their process and may make revised conclusions and recommendations. Heads of departments/divisional/LPA’s will use their best endeavours to implement the recommendations outlined in the report disclosed.

3.18.4.2 The appeal reviewer’s decision will be confirmed in writing, to the person who raised the appeal, and a meeting will be arranged to discuss the findings. 

3.18.4.3 This is the end of the grievance procedure; there is no further appeal available. The same issue will not be considered again if resurrected at a future date.

3.18.5 Time limits for the grievance appeal procedure (stage 3)

3.18.5.1 The appeal must be submitted within 14 calendar days of receipt of the written confirmation of the outcome of the substantive grievance (stage 2).

3.18.5.2 The appeal should normally be completed within one month. In exceptional circumstances the time limit can be extended. The time begins to run from the date on which the appeal is allocated to an appeal reviewer. 

3.18.5.3 Any extension of time will be discussed with the person raising the appeal, to take account of their views, and decided by the appeal reviewer.  The reasons for any delay in the process should be fully explained and documented in the outcome report.

3.19    Confidentiality

3.19.1 All grievances should be treated confidentially by all parties. All individuals involved in the process should not discuss it with other persons within the organisation, except for discussing the matter with a Trade Union, Federation, Superintendent’s Association or Staff Support Association/Network representative where necessary or those necessary to contact for information and/or advice. 

3.19.2 Reviewers must consider the release of any information at all stages in the process, assessing whether the information is relevant and appropriate for disclosure and considering to whom it should be disclosed.

3.19.3 Whilst confidentiality is an important consideration, particularly at the outset of the concern being raised, if an individual is raising a concern, the person handling it should explain that some courses of action may mean an individual cannot remain anonymous. Those who wish to raise a grievance should consider what action, resolution or outcome they are hoping to achieve and whether this would be consistent with principles of anonymity and fairness to all parties.

3.19.4 Grievance reports may be redacted to protect confidentiality where the report contains personal sensitive information relating to individuals. As part of information gathering, the reviewer will identify through discussion with parties if there are personal or sensitive information that they do not want to be included within their meeting summary report and keep a record of this.

3.19.5 As individuals have a right to see the information an organisation holds about them, permission should be sought by individuals prior to using other people’s personal information as evidence.

3.19.6 Breach of confidentiality, including an unauthorised disclosure of information, by anyone involved in the grievance procedure will be treated seriously and may result in a discipline investigation. More information about information security can be found within W1000 Policy – Information Management.

3.20    Matters outside the scope of the grievance process

3.20.1 Conduct matters

3.20.1.1 This grievance protocol does not override or interfere with obligations in respect of matters which fall within the regulatory regime concerning police discipline and the handling of conduct matters in accordance with L1200 Protocol – Police Staff Discipline, the Police (Conduct) Regulations 2020, Police (Complaints and Misconduct) Regulations 2020 and the Police Reform Act 2002. Therefore, when it is clear from the outset to the person considering raising a grievance, or to the person to whom a grievance is raised, that the allegation(s) potentially amount to a conduct matter, the matter should be reported to the relevant force Professional Standards Department (PSD) – refer to section 3.8 above.

3.20.1.2 In some circumstances, it may not be clear at the outset that a matter is one that relates to a potential conduct matter. It is important that matters are handled and referred appropriately if identified that the matter raised as a grievance whereas in fact it is a potential conduct matter would justify the bringing of disciplinary or criminal proceedings.

3.20.1.3 If at any stage of the grievance process a matter or evidence comes to light that indicates that an individual may have committed a criminal offence or behaved in a manner which would justify the instigation of the disciplinary process the matter must be referred to the relevant PSD. The decision of whether to refer to another process should be kept under review and should evidence, or circumstances change a fresh consideration of whether to refer will be required. Advice may be sought from HR, to help decide the best route for such matters.

3.20.1.4 Where matters are referred for consideration to the relevant force PSD the grievance procedure will be suspended pending the outcome of that decision, and or any investigation and misconduct proceedings. Separate issues, which may form part of the same grievance but do not require referral to the relevant force PSD may continue to be progressed through the grievance process.

3.20.1.5 If the relevant force PSD determines that no conduct matter is to be recorded and investigated, then the issue will be returned to HR to continue to deal with the matter in line with the grievance procedure.

3.20.1.6 If all matters are recorded for investigation under the police staff disciplinary or police officer misconduct regulations, the grievance procedure will be treated as concluded and the grievance will be closed. HR will write and inform the person who raised the grievance that the matter(s) they raised have been handed over to the relevant force PSD and the investigating officer will then contact them to explain the next steps. 

3.20.2 Collective negotiations

3.20.2.1 It is not appropriate to use the grievance procedure to raise issues which are the subject of collective negotiations with the trade unions, Federation or Superintendents Association.

3.20.3 Protected disclosures

3.20.3.1 A disclosure of information which tend to show either, a criminal offence (for example, fraud), someone’s health and safety is in danger, a risk or actual environmental damage, a miscarriage of justice, a breach of the law, or a belief that someone is covering up wrongdoing should be dealt with in accordance with in accordance with C3015 procedure - Reporting wrongdoing in Essex and P01a Wrongdoing in Kent. Personal grievances should be dealt with in line with the grievance procedure unless the matter is in the public interest.

3.20.4 Other matters

3.20.4.1 Capability and conduct matters that are already being considered through other procedures should not be considered under the grievance procedure.

3.20.4.2 Where a grievance or issue is assessed by HR as being unsuitable for consideration under the grievance procedure, a full explanation will be provided, for example where a grievance is seeking a further appeal linked to another process or an appeal has not been exercised under another process it may be treated as an appeal to that process instead.

3.20.5 Victimisation

3.20.5.1 Individuals shall not be subjected to any form of retaliation, victimisation, or less favourable treatment because they have submitted a grievance, indicated that they might submit one or are suspected of submitting one.

3.20.5.2 Retaliation, victimisation or less favourable treatment, taken in response to actual or indicated or suspected grievance submissions, may take the form of transfers, work allocations, PDR’s or any other actions or omissions by the line managers of such individuals. This list is non-exhaustive.

3.20.5.3 Similarly, other colleagues of the aggrieved (or suspected aggrieved) shall be prohibited from taking any action against them by way of retaliation, victimisation, or less favourable treatment in response to actual or indicated or suspected grievance submissions.

3.20.5.4 A similar protection shall apply to those who act as witnesses or representative for the aggrieved under the grievance procedure.

3.20.5.5 Those who engage in such retaliation, victimisation or less favourable treatment may be liable to conduct/disciplinary action.

3.20.5.6 In most cases all parties will continue to undertake their normal duties, however temporary relocation or reassignment of duties may be considered, this should be for as short a time as possible and is not punitive, it is a temporary change whilst the grievance is investigated. If managers are contemplating a change to the normal duties of any party as a direct consequence of a grievance, they must seek advice from HR before they act.

3.20.6 Concerns relating to the discharge of official duties

3.20.6.1 Any concerns relating to the performance of the official duties or the way in which the recognised representatives conduct their responsibilities are matters for the Trade Union or Police Federation to progress and are not appropriate for consideration under the grievance protocol. 

3.20.6.2 Grievances about Trade Union, Federation or Superintendent’s Association representatives which are not related to the discharge of their official duties (or membership of the Union or Police Federation), will be considered under this protocol.

3.21    Raising an employment tribunal

3.21.1 The timescales within this procedure do not preclude an individual from exercising their rights to raise a claim to an employment tribunal in line with the statutory time limits (three months less one day). The onus is on the individual to ensure that they are aware of time scales to raise a claim.

4. Equality Impact Assessment (EIA)

4.1 No specific diversity issues were identified but the policy remains at a medium impact as the issues faced within grievances, can be affected by the protected characteristics. 

4.2 Individual grievances will be considered on a case-by-case basis. 

5. Risk assessment

5.1 There is no specific risk assessment or health and safety consideration thought relevant to the content of this protocol.

5.2 Officers and members of police staff engaged within the process must remain aware that they must follow the protocol correctly otherwise the risk to the organisation of a possible employment tribunal could be raised. A failure to fully adopt the principles set out in this protocol could have a detrimental effect upon the reputation of the organisation.

6. Consultation

6.1 The following have been consulted during the formulation of this document:

• Unison
• Federation
• Superintendents Association
• Equality and Diversity
• PSD
• HR
• Legal Services

7. Monitoring and review

7.1 Monitoring will be undertaken by the HR Delivery Manager, with a review being undertaken every two years.

8. Governing force policy

Related force policies or related procedures (Essex)/linked standard operating procedures (Kent)

8.1 Where the issue involves the reporting of wrongdoing, or disclosures under the Public Interests Disclosure Act 1998, this will be dealt with in Kent in accordance with policy P01a Wrongdoing and in Essex with C3015 procedure - Reporting Wrongdoing.

8.2 Please note that “whistle blowing” is an unacceptable term since we wish to emphasise that reporting wrongdoing is to be encouraged and is part of doing the right thing.

8.3 Bullying and harassment – A grievance or complaint in respect of bullying and harassment will be regarded as an extremely serious matter and will be given the utmost priority in Essex and Kent in accordance with the Personal Harassment protocol.

8.4 This HR protocol supports the overarching HR policy L1.

8.5      Data security

8.5.1 Essex Police and Kent Police have measures in place to protect the security of your data in accordance with our Information Management policy – W1000 Policy – Information Management. 

8.6      Retention and disposal of records

8.6.1 Essex Police and Kent Police will hold data in accordance with our Records Review, Retention and Disposal policy – W 1012 Procedure/SOP - Records Review, Retention and Disposal.

8.6.2 We will only hold data for as long as necessary for the purposes for which we collected.

9. Other source documents, e.g., legislation, Authorised Professional
Practice (APP), force forms, partnership agreements (if applicable)

9.1 The following Internal guidance documents are available to assist with the grievance process:

• frequently asked questions
• glossary of terms
• grievance process map
• informal resolution - Management guidance
• mediation and facilitated conversations and guidance
• roles and responsibilities guide

9.2 The following templates are available to use at specific stages of the grievance protocol:

• welfare checklist template
• stage 1
  • informal resolution summary document
• stage 2
  • formal grievance – Submission form
  • formal grievance – Response form
• stage 3
  • formal grievance appeal – Response form

9.3 External additional information can be found:

• Advisory, conciliation and arbitration service
• Equality and Human Rights Commission