COLLECTIVE GRIEVANCES/DISPUTES
Where there is a dispute or grievance that affects a whole school group, then a collective dispute is often easier to resolve the issue.
Procedure:
1) Meeting with staff to establish nature of grievance and what members want.
2) Meet with Headteacher to negotiate resolution.
3a) If successful, meet with members or write, to inform of decision.
3b) If no success, meet with members to vote for indicative ballot for strike action. ( pretend ballot).
4) Meet with Headteacher/Chair of governors to provide result of indicative ballot to negotiate resolution. Usually with local and or regional deputations.
5) If no success, either meet with members again, or move straight to formal ballot.
6) Meet with Headteacher/COG's again to provide result of ballot, and to negotiate resolution.
7) If successful inform members of decision.
7b) If unsuccessful take strike action and inform press.
Yes very long process, and needs everyone to get behind it. The union is only as strong as its members.!
Grievances
What are grievance procedures?
Grievance procedures are workplace procedures which should be followed by employees with complaints about their treatment; pay; or terms and conditions at work. Teachers who wish to take a complaints to employment tribunals are advised to commence grievance procedures.
Governing bodies are legally obliged to establish workplace procedures to deal with staff grievances. Governing bodies will normally have separate grievance procedures for dealing with pay appeals. Separate procedures are sometimes used to deal with complaints of harassment or workplace bullying. Further, local authorities will have separate procedures for dealing with ‘whistle-blowing’ complaints.
All grievance procedures must include certain minimum procedural steps, which are set out in the 2009 ACAS Code. Often the procedures are divided into informal and formal stages.
Your local NUT division may have negotiated a collective dispute procedure for dealing with collective grievances, such as complaints about school closures. These are separate from workplace grievance procedures designed for staff to raise individual grievances.
Where can I find the procedures?
Your school or college office should keep copies of all workplace procedures. The grievance procedures must be available to all staff, so do not be afraid to ask for a copy.
What are the different grievance procedures?
The governing body will have a procedure for staff to raise ordinary grievances or complaints arising in the workplace. These are explained below.
Schools will have separate pay appeal procedures for teachers to use where their complaint relates to the annual pay review. The procedures will include the steps used in formal grievances. The NUT has issued separate guidance on the use of pay appeal procedures.
Often, as part of a whole school approach to equal opportunities or discipline, the school will have a workplace harassment and bullying procedure. The procedure enables staff to raise grievances specifically on the ground that they believe they have been harassed or bullied at work. If there is not a separate procedure, the normal grievance procedure should be used.
Local authorities will have separate ‘whistle-blowing’ or protected disclosure procedures. These may be used where an employee has a serious complaint about, for example, a health and safety danger or a criminal offence. A teacher who has a whistle-blowing complaint may choose to use the grievance procedure or the local authority protected disclosure procedure.
What are the informal and formal stages of a grievance procedure?
The informal stages will normally involve an informal discussion between the aggrieved teacher and the line manager or head teacher. The teacher may choose to deal with the matter in writing. Most matters will be concluded by a senior member of staff arranging an informal meeting to discuss the issue.
Where the informal procedure is inappropriate or has failed to resolve the issue, the formal procedure should be used. During formal proceedings, specific timetables will be followed, standard documentation may be used and formal hearings will be arranged.
Where a teacher wishes to complain about discrimination, harassment, workplace bullying, unauthorised deductions of wages or working time regulations, the formal grievance procedure must be used. In such cases, you should seek advice from your division secretary or from the NUT regional office or NUT Cymru.
What are the minimum requirements for the procedures?
In most cases three minimum steps must be taken. These minimum steps are set out in the 2009 ACAS Code.
Step 1 Statement of grievance
§ The teacher must send his or her written grievance to the local authority and the governing body.
Step 2 Meeting
§ The teacher must be invited to attend a meeting to discuss the grievance. The teacher must be informed of the decision and offered the right of appeal.
Step 3 Appeal
§ If the teacher wishes to appeal, he or she must inform the local authority or governing body. The teacher must be invited to attend an appeal meeting. The teacher must be informed of the final decision.
What should I do if a member wishes to take out a grievance?
You should seek advice from your division secretary or from the NUT regional office or NUT Cymru. Strict time limits apply to potential employment tribunal claims so it is important that members receive initial advice from an experienced caseworker.
When members submit formal written grievances, they must include all relevant facts. They must set out their complaint and should suggest how it might be resolved.
What if the member is told that the informal steps must be followed?
Teachers are entitled to commence formal grievance proceedings without using the informal procedure. Teachers should protect their rights by submitting formal written grievances if the matters are likely to go to employment tribunals. You should seek advice from your division secretary or from the NUT regional office or NUT Cymru.
What if a member is called to attend a grievance meeting?
Teachers are entitled to be accompanied by their union representatives or work colleagues at grievance hearings. This is a statutory right that teachers can insist on exercising.
Unless you have been advised by the Union that this is not appropriate, you may agree to accompany the member yourself.
What if a member refuses to attend a meeting?
Teachers must take all reasonable steps to attend meetings. A teacher who does not comply with a workplace procedure may have any compensation reduced if the matter proceeds to the Employment Tribunal.
What if the meeting is called immediately?
Teachers are entitled to reasonable notice of any formal grievance hearings. The teacher should inform the employer that he or she wishes to exercise his or her right to be accompanied. Your division secretary or the NUT regional office or NUT Cymru should be informed.
What if a member needs further advice?
Further advice and support is available to NUT members from their NUT regional office or, in Wales, from NUT Cymru.