TEAM FUSION GRIEVANCE PROCEDURES

  1. It is important that if you feel dissatisfied with any matter relating to your employment you should have an effective means by which such a grievance can be aired and, where appropriate, resolved.
  2. Nothing in this procedure is intended to prevent you from informally raising any matter you may wish to mention.  Informal discussion can frequently solve problems without the need for a written record.  However, if you wish to raise a formal grievance you should normally do so in writing from the outset.  Whilst we will give the same consideration to any grievance that you raise verbally, if you make it clear that you wish it to be treated formally, you should be aware that, in most circumstances, the law requires you to provide us with written details of your grievance before taking certain types of legal action. 
  3. You have the right to be accompanied at any stage of the procedure by a fellow employee who may act as a witness or speak on your behalf to explain the situation more clearly.
  4. If you feel aggrieved at any matter relating to your work (except personal harassment, for which there is a separate procedure following this section), you should first raise the matter with the person specified in your Statement of Main Terms of Employment, explaining fully the nature and extent of your grievance.  You will then be invited to a meeting at a reasonable time and location at which your grievance will be investigated fully.  You must take all reasonable steps to attend this meeting.  You will be notified of the decision, in writing, normally within ten working days of the meeting, including your right of appeal
  5. If you wish to appeal you must inform your Manager within five working days.  You will then be invited to a further meeting, which you must take all reasonable steps to attend.  As far as reasonably practicable, the company will be represented by a more senior manager than attended the first meeting (unless the most senior manager attended that meeting).
  6. Following the appeal meeting you will be informed of the final decision, normally within ten working days, which will be confirmed in writing.

MAKING A PROTECTIVE DISCLOSURE

INTRODUCTION

  1. Under certain circumstances, employees have legal protection if they make disclosures about organisations for which they work. These employees are commonly referred to as 'whistle blowers' and their activities have often received wide publicity in the media.
  2. An employee who believed, for example, that organisations were disposing of toxic waste illegally may have 'blown the whistle' directly to the press or television, perhaps because of concern for the environment, a belief that the organisation would attempt a 'cover-up' if asked to stop, or for financial gain.
  3. Employees, who blew the whistle on organisations, were often treated detrimentally by them or their engagements were terminated. This discourages employees from whistle blowing even where such action would be for the good of the public.  The legislation is designed to protect employees from suffering any detriment or termination of employment for whistle blowing.

QUALIFYING DISCLOSURES

  1. Certain disclosures are prescribed by law as 'qualifying disclosures'.  Disclosures are qualifying disclosures where it can be shown that the company commits a 'relevant failure' by:
    1. committing a criminal offence;
    2. failing to comply with a legal obligation;
    3. a miscarriage of justice;
    4. endangering the health and safety of an individual;
    5. environmental damage; or
    6. concealing any information relating to the above.
  2. These acts can be in the past, present or future, so that, for example, a disclosure qualifies if it relates to environmental damage that has happened, is happening, or is likely to happen.

THE PROCEDURE

  1. If you so wish you should in the first instance report any concerns you may have to your Manager who will treat the matter with complete confidence.  If you are not satisfied with the explanation or reason given to you, you should raise the matter with the appropriate organisation or body, e.g. the Police, the Environment Agency, Health and Safety Executive or Social Services Department.
  2. If you do not report your concerns to your Manager you may take them direct to the appropriate organisation or body.

THIRD PARTIES

  1. Third parties can also access this procedure by contacting Team Fusion directly, the definition of third parties are as follows:

    Individuals or communities that live or carry out economic activity in the area or boundaries that Team Fusion operates, or comes into contact with the company as part of its operation.

GENERAL NOTES

  1. The Public Interest Disclosure Act 1998 prevents you from suffering a detriment or having your contract terminated for 'whistle blowing' and we take very seriously any concerns which you may raise under this legislation.
  2. We encourage you to use the procedure if you are concerned about any wrong doing at work.  However, if the procedure has not been invoked in good faith (e.g. for malicious reasons or in pursuit of a personal grudge), then it will make you liable to immediate termination of employment or such lesser disciplinary sanction as may be appropriate in the circumstances.
 
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