Grievance Procedure

Context

The procedure is aimed at resolving grievances of teachers as quickly as possible. The procedure allows for grievances to be heard by the level of management able to resolve the matter and for an appeal to be made against that decision. Within the context of grievance procedures and with LMS procedures in particular the following points should be borne in mind:

(a) The procedure can be used flexibly with the agreement of all the parties. For example it may be agreed to dispense with a stage in the procedure in order to settle the matter quickly.

(b) The split of employer powers between the Governing Body and the LEA will mean that in some instances grievances will be about matters outside the scope of the Governing Body to resolve for example over national conditions of service. Grievances will therefore need to be routed to the Body or person able to resolve them.

(c) The procedure allows for individual and collective grievances.

(d) There is provision for the Chief Education Officer or representative to advise the procedure gets to a formal stage.

(e) A grievance can be settled at any stage of the procedure and ideally should be settled at the informal stage.

Preamble to the Procedure

Teachers' grievances can arise from a variety of sources. They can arise among members of the teaching staff or with the headteacher. They can be of a relatively simple nature or of fundamental importance. They can involve the Governors of the school or the administration of the school and the local authority. To meet this situation it seems desirable to set out:

(i) a procedure which may enable a grievance to be resolved informally and without recourse to any subsequent stage;

(ii) a formal procedure where informal action is inappropriate or has failed.

The Procedure

A. Members of the Teaching Staff

(i) Where a member or members of the teaching staff have a grievance with the Governors which does not involve any other member of the staff, a direct approach should be made to the Governors. An approach to the Chief Education Officer should be only over matters outside the powers of the Governing Body i.e. a grievance over a national condition of service.

(ii) Where a teacher has a grievance which involves other members of the staff he should first of all endeavour to resolve the matter by direct approach to the members of staff involved or in discussion with the head of department , or other appropriate senior member of staff or, if necessary, in discussion with the headteacher.

(iii) Where a member of staff requests a personal interview with head of department or other appropriate senior member of staff or headteacher it should be granted within five working days of the request being made in writing.

(iv) The head of department or other appropriate senior members of staff or the headteacher (as in (iii) above) should seek to resolve the problem personally or, by mutual agreement, in consultation with other member(s) of the staff. The headteacher may also, by mutual agreement, seek consultation with the chairman of the Governors, officers of the LEA, or with representatives of the teachers' organisation(s) as may be thought appropriate.

(iv) Where the matter has not been resolved under any of the procedures referred to above, the member or members of staff concerned should submit a formal written notice of the grievance to the headteacher, and to the person concerned, if other than the headteacher. The headteacher should then make a formal written report to the Governors and send a copy to the Chief Education Officer.

(v) The Governors, in consultation where appropriate, with the chief education officer or his representative, should seek to settle the problem. All relevant documents should be submitted to them and they should allow the parties concerned, if they so wish, to make their submissions. Each of them may be accompanied, if they so wish, by a friend or an official representative of their union or association. The meeting for this purpose should be arranged within ten working days of receipt of the written report.

B. Headteacher

(i) Where a headteacher has a grievance he/she should first of all endeavour to resolve the matter by direct approach to the person concerned. If not resolved he/she should then discuss the matter personally with the appropriate officer of the local education authority, who may be a member of the advisory staff of the authority or a member of the administrative staff.

(ii) Where the matter remains unresolved the headteacher should discuss it with the Chief Education Officer or representative, who may, also by mutual agreement, seek consultation with the Chairman of the Governors, or with representatives of the teachers' organisation(s) concerned, as may be thought appropriate.

(iii) Where the matter is not resolved under ii. above the headteacher should submit a formal written notice of the grievance to the Chief Education Officer or to the Governors of the school, as the nature of the grievance makes appropriate.

(iv) Where the grievance lies with the Governors a meeting should be arranged by them within ten days, or as soon as is practicable thereafter. The headteacher and any other teacher who may be involved should be entitled to be accompanied by a friend or by a representative of the teachers' organisation(s) concerned.

(v) Where a grievance lies with the local education authority, whether or not the support of the Governors of the school has been sought by the headteacher, the Chief Education Officer should refer the grievance to the appropriate committee or sub-committee of the local education authority with all the relevant documents and, where this is relevant, with the observations of the Governors of the school. Such a meeting should be arranged within ten days or as soon as is practicable thereafter. The parties should be entitled to be accompanied by a friend or an official representative of their union or association.

As with disciplinary procedures these documents may be amended from time to time.