HANTS & DORSET GARDENING SERVICES LIMITED 

Grievance Procedure

If the Employee wishes to raise a grievance in connection with his employment, against the Company or any other person he encounters during the course of his duties for the Company, he must follow the Grievance Procedure.

The Employee is not obliged to raise a grievance prior to filing a claim with the Employment Tribunals but, if he fails to do so, the Company reserves its rights to seek a reduction in any penalty awarded for his failure to do so, as the Company will always seek to deal properly and fairly with any claim raised by the Employee as a grievance.

If this procedure conflicts with the statutory rights of the Employee, then the statutory rights of the Employee shall override this procedure.  Otherwise, any elements of this procedure, which are not contained in the statutory procedure and do not conflict with it, shall be binding upon the Employee.

The grievance and the circumstances surrounding it should be kept confidential until the Employee is advised otherwise in order to protect the rights of others.

  1. How to Raise a Grievance

    1. If the Employee has a grievance in connection with his work or colleagues, he should first raise this grievance with his line manager, who may be able to deal with the matter informally.  If the matter is more serious, the Employee’s line manager shall instigate a formal procedure.

    2. If the grievance is particularly serious or directly concerns his line manager, the Employee should raise his complaint in writing with the Personnel Manager.  The written complaint should state that it is a grievance, against whom the Employee is complaining and the circumstances or grounds for the complaint.

    3. If the Personnel Manager is unable to resolve the Employee’s grievance informally, the parties will follow the Grievance Procedure below.

  2. Investigation

    1. The Personnel Manager should investigate the matter thoroughly and promptly.  These investigations may result in disciplinary action, so the Personnel Manager should ensure that a proper record of his investigations is maintained, confidences are protected and witness statements are taken (if appropriate).

    2. The Personnel Manager should carry out the investigation by interviewing the Employee and any other people who are appropriate and relevant witnesses to the events referred to by the Employee.

    3. The Employee should provide copies of any evidence, as part of the investigation.

    4. The Personnel Manager will then hold the hearing.

  3. The Grievance Hearing

    1. Once the Company has received the Employee’s written grievance, the Company shall appoint a chairman to carry out the grievance hearing (“the Chairman”).

    2. The Chairman will write to the Employee stating:

      1. the purpose of the hearing and the grievance which it will hear;

      2. the time, date and location of the grievance hearing and inviting the Employee to attend;

      3. that the Employee has the right to be accompanied by a fellow employee or union representative;

      4. that the Employee is entitled to copies of any evidence or witness statements to be relied upon by the Company at least two (2) days before the hearing takes place;

      5. the potential outcome of the grievance hearing;

      6. the Chairman may request the name of the person who the Employee wishes to accompany him, in order to make arrangements for that person to be available (if willing).  As part of his investigation, the Personnel Manager should have obtained copies of any evidence or witness statements on which the Employee intends to rely.

    3. At the hearing:

      1. the Chairman will start the hearing by introducing those present, stating the purpose of the hearing and asking the Employee to state his case;

      2. the Employee may present his case, calling his own witnesses and evidence;

      3. the Chairman may question these witnesses;

      4. any evidence to the contrary may then be discussed, along with witnesses, who may in turn be questioned by the Employee;

      5. the Chairman will then invite any final comments before closing the hearing.

    4. After the hearing, the Chairman will write to the Employee stating:

      1. his decision:

  1. if he decides the grievance is not upheld, he will state that no action will be taken in relation to the grievance;

  2. if the grievance is fully or partially upheld, he will state the action he intends to take to prevent a re-occurrence;

  1. his reasons for justifying the outcome;

  2. if the Employee disagrees with the outcome, his right to appeal within seven (7) days of receiving the decision of the Chairman.

  1. The Appeal Procedure

    1. If the Employee wishes to appeal against the decision of the Chairman of the grievance hearing: 

      1. he shall write to the Personnel Manager stating that he wishes to appeal;

      2. if possible, the Employee should state his grounds for appeal and the name of the person who he wishes to accompany him at the appeal hearing.

    2. The Company should appoint a person to chair the appeal hearing (“the Appeal Chairman”) and look afresh at the matter, particularly with respect to any new grounds raised by the Employee or matters not considered previously.

    3. The Chairman shall write to the Employee informing him of:

      1. the date, time and location of the proposed appeal hearing (allowing at least two (2) days for the Employee to prepare);

      2. the right to be accompanied by a fellow employee or union representative;

      3. his right to produce evidence and witnesses.

    4. The Employee should give the name of his accompanying person and, if possible, details of his evidence to allow the Appeal Chairman to carry out a thorough investigation before the hearing.

    5. The appeal hearing will be run as the Appeal Chairman deems appropriate but usually:

      1. commencing with the Employee first presenting his case;

      2. the Employee and any witnesses may be questioned on behalf of the Company;

      3. the Company may present counter-evidence and the Employee may question this evidence and any witnesses produced by the Company;

      4. the Appeal Chairman will invite final comments from both parties before closing the hearing;

      5. the Appeal Chairman will write to the Employee within seven (7) days of the hearing with his decision, which will be final, and his reasons justifying that decision.

  2. Breaches of the Disciplinary Procedure

    1. If the grievance has brought to light breaches of the Disciplinary Procedure by the Employee, these matters shall be dealt with separately, as deemed necessary and appropriate by the Company.


  1. Confidentiality 

    1. The grievance and the circumstances surrounding it should be kept confidential until the Employee is advised otherwise in order to protect the rights of others.

    2. This procedure shall not restrict the Employee’s rights under the Public Interest Disclosure Act 1998, subject to his contractual obligation to disclose first to the most senior person within the Company.

    3. Any such disclosure shall not be for private gain or vexatious purposes.

    4. If such a disclosure is made for private gain or vexatious purposes, the Employee shall be personally liable for any losses and legal costs arising from such disclosure, whether directly or indirectly.