English 
STAFF COMPLAINT POLICY AND PROCEDURE
The College is committed to providing a working environment where all staff is treated with the dignity and respect to which they are entitled. It is essential that effective practices and procedures are in place to resolve workplace complaints fairly, consistently and speedily.
This Procedure provides clear guidance on the ways of raising a complaint, in confidence and without fear of victimization.
Scope of the Procedure
This Procedure applies to all staff, permanent and temporary, including those on fixed-term contracts and part-time hourly paid staff.
Types of Complaints
While it is not possible to specify the precise range of issues which constitute a complaint, it is intended to cover those issues where an individual staff member feels they have a complaint against one or more other staff members arising out of or connected with their employment in the College
More usually a complaint will arise from the exercise of managerial authority conferred on a particular post holder; occasionally a complaint may arise from an alleged disadvantage arising from a failure to exercise such authority. A complaint may also arise from action that a manager is contemplating taking in relation to a member of staff.
Complaints may also arise in connection with:
- College policies;
- health and safety;
- new working practices;
- working environment;
This Procedure shall also be used for Equal Opportunities complaints such as:
- Sexual, racial, disability or other forms of discrimination;
- Sexual, racial, disability or other forms of harassment;
- Bullying; or Victimisation.
The Procedure in Context
The procedure will follow the flow outline in the table below
Stage 1 – Informal Procedure | Timescales (all days refer to working days) |
a. Raise issue (no later than 3 months of it first occurring)
| 5 days to arrange meeting (direct approach). |
b. Outcome
| 5 days after date of meeting for the line manager concerned to confirm outcome in writing. |
Stage 2 – Formal Procedure | |
c. If unresolved
| 10 days after date of Stage 1 meeting or written outcome to submit complaint in writing (using Staff Complaints form) to Line Director |
d. Meeting
| 10 days to arrange meeting after date complaint received or |
e. If investigation required
| 5 days to notify both parties of investigation/likely timescales; and 20-40 days to complete investigation |
f. Outcome
| 5 days to confirm decision in writing after the date of receiving the report or after the date of the meeting |
Stage 3 – Appeal | |
g. If dissatisfied
| 10 days after date of written outcome to submit appeal in writing to CEO |
h. Meeting
| 20 days to arrange meeting after date of receipt of appeal |
i. Outcome
| 5 days to confirm decision. Concludes the Procedure |
The Staff Complaints Procedure does not apply where the action taken or contemplated by the College is dismissal or suspension on full pay or a warning relating to conduct or capability as there is a dedicated Appeals mechanism under the Disciplinary Procedure.
If a member of staff has a complaint about action taken or being contemplated that s/he believes amounts or would amount to unlawful discrimination or is not related to capability or conduct, this should be raised as early as possible in writing and it may be necessary to suspend the disciplinary procedure until the complaint has been considered separately. Where the action has been taken, the member of staff should raise the complaint in writing before the Appeal so that it can be considered by the Appeals Panel.
Responsibilities
All staff has a responsibility to respect the cultural and religious differences, sensitivities and perceptions of others. They should behave in a way that does not cause offence and shows they are sensitive to the impact their behaviour and/or views may have on others.
Managers should set a positive example by treating colleagues and students with dignity and respect and by setting standards of acceptable behaviour for their team.
It is the responsibility of all managers to treat all complaints seriously and to deal with them promptly, sensitively and confidentially through the appropriate procedures.
Human Resource Services shall be responsible for advising Line Mangers on all stages of this procedure and for administering the formal procedure.
The College is responsible for encouraging openness in communications and in access to information as an open culture offers considerable protection against complaints, especially of harassment and bullying.
Investigation
Not all complaints will require an investigation into the issues raised. Where an investigation takes place, this shall be undertaken by the line manager (or more senior manager if the complaint is concerned with the line manager) and a member of Human Resource Services. An investigation into an Equal Opportunities complaint (harassment, bullying and/or discrimination), shall always involve the vice-principal. If an investigation is to take place, both parties shall be notified in writing no later than five working days after the date the complaint is received and informed of the likely timescales. The timescale for concluding an investigation shall normally be 20 working days for less complex complaints and a maximum of 40 working days for more complex complaints.
Impartiality
The investigating manager should not be closely associated with either the complainant or the person complained about. It may be necessary for the head of department (in consultation with vice-principal in charge of administration) for a manager from outside the area to investigate the complaint.
Confidentiality
Confidentiality must be maintained when dealing with complaints. Anonymous complaints will not normally be pursued unless the complaint relates to a serious breach of the law. Managers and staff involved in cases must not breach confidentiality beyond those involved in the management of the complaint, without having the specific agreement of the parties. Where there are reasonable grounds, the details of the complainant may be withheld from the person being complained of but not from those asked to investigate the complaint. However, where the College believes that there is an unacceptable risk to the complainant or to another person or to the College, action may need to be taken where absolute confidentiality cannot be maintained.
Records should be kept detailing the nature of the complaint raised, the response, any action taken and the reasons for it. These records should be kept confidential and retained in accordance with the Data Protection Act (1998) which requires the release of certain information to individuals on their request. Copies of any meeting records should be given to the individual concerned although in certain circumstances some information may be withheld, for example to protect a witness.
Fair treatment
Failure to deal with a complaint may leave the complainant and/or alleged offender in a difficult position. All reasonable efforts should be made to bring the complaint into a forum where it can be investigated and resolved (either informally or formally) so that the College complies with its duty of care. Care will be taken throughout the process to protect the interests of both the complainant and the alleged offender and to ensure that both are treated fairly. Both parties will be offered support and guidance throughout the investigation and any disciplinary procedure.
The onus for initiating a complaint rests with individual staff members(s). Managers will be supported by the College when dealing with either individual or collective complaints from staff. However, where there is clear evidence that a manager has ignored an initial complaint or has not treated it seriously, this may be grounds for disciplinary action.
The College will ensure that an employee who has, in good faith, made a complaint shall not be victimized or subjected to less favourable treatment, in accordance with current legislation.
