NASUWT Representatives

Grievancelwww.nasuwt.org.ukEvery governing body must, by law, establish writtenprocedures for giving staff opportunities for seeking redress ofany grievances relating to their employment.Individual or collective grievances are best dealt withinformally, as close as possible to the point of origin by adirect approach to the other employee, or discussion withhead of department or other senior person involved. Thoseconcerned should also have discussions with theheadteacher if necessary.l ● In the case of a grievance against a governing bodyinvolving no other employee, a direct approach should bemade to the chair of governors.l ● The policy should state time limits for consultations to takeplace.l ● If the matter is not resolved by the informal procedure, awritten notice of grievance should be submitted to theheadteacher and any other employee(s) concerned. Theheadteacher should make a written report to the personnelcommittee of the governing body.l ● If the matter is still not resolved, the teacher should have theright to put the case to an Appeals Committee, whosedecision would be binding on the parties.l ● The NASUWT Representative should ensure that all partiesunderstand their roles and duties under the procedure andthat the member’s complaint is properly addressed.l ● NASUWT Representatives should always consult the LocalAssociation Secretary before advising members to embarkon the grievance procedure.l ● Employers and employees should follow the ACAS Code ofPractice on Discipline and Grievance, which sets out goodpractice. This includes the employee informing the employerin writing of the issue, attending a meeting with the employerto discuss the grievance, at which the employee has astatutory right to be accompanied by a trade Unionrepresentative or another worker, and the employee shouldbe provided with an opportunity to appeal if the grievancehas not been satisfactorily resolved.(Note the Employment Act 2002 (Dispute Resolution)Regulations 2004, which set out a statutory three-step process,were repealed in 2009.)A failure to follow the Code does not, in itself, make theemployer liable to legal proceedings. However, ETs will take theCode into account. An unreasonable failure to comply with the71For advice and help ˚ Local Association ˚ Regional Centre ˚ National Executive