Grievance Policy & Procedure

1. Purpose

1.1 Purpose

This Policy sets out BBB’s framework when dealing with grievances raised by employees in relation to problems or concerns with their working conditions, or relationships with colleagues.

As an organisation, British Business Bank plc (BBB) believes that it is important that employees have the ability to raise any grievances relating to their employment and that these are dealt with fairly, consistently and without undue delay. The purpose of this policy and associated procedure is to give employees the opportunity to raise grievances either informally or formally.

BBB is committed to promoting equality and diversity and will make reasonable adjustments to the application of this policy and associated procedure.

The purpose of this policy is to:

• ensure that employees’ complaints and concerns are managed fairly and consistently across the business;
• promote a culture where employees feel that it is safe to raise complaints or genuinely held concerns, without fear of victimisation or reprisals; and
• ensure that all concerns and complaints are dealt with as swiftly as is reasonably practicable.

1.2 Legal & Regulatory Obligations

The ACAS Code on Discipline and Grievance Procedures gives guidance on the correct way to handle grievances and has been taken into account within this policy and associated procedure.

In addition to meeting its legal obligations, the BBB as an Arm’s Length Body (ALB) is required to meet the Government Functional Standards where applicable. This policy includes elements of the Obligations relating to Government Functional Standard 003 (Human Resources) as appropriate.

1.3 Alignment to Risk Appetite

This Policy sits under the Level One Risk category, People Risk.

It aligns to the Level Two Risk Category, Conduct and Culture, which is defined as the ‘Risk that BBB employees fail to act in accordance with end customers’ best interests, fair market practices, or BBB’s Standards of Conduct; or that our culture does not support and drive appropriate colleague behaviours and decision making.’

Risk appetite is the type and level of risk the Board is willing to take to deliver its strategy and public policy objectives. BBB’s risk appetite in relation to Conduct and Culture is set at Low.

2. Scope

This policy and its associated procedure shall apply to all Employees of BBB entities, subsidiaries and operations.

This policy shall apply not only to grievances relating to the workplace, but to issues that employees may experience outside the workplace which relate to their employment with BBB e.g. business trips, training courses, work related social activities as well as comments made by colleagues via social media or content platforms such as Facebook, Twitter etc.

This policy and the associated procedure is designed to complement BBB policies relating to Anti- Harassment & Bullying, Diversity, Equity & Inclusion and the Speak Up policy.

This policy does not form part of any employee’s contract of employment and BBB may amend it at any time and may depart from it depending on the circumstances of any case. BBB will continue to review this policy, to ensure that it is achieving its aims and complies with all relevant legislative changes.

3. Key Requirements

3.1 The following key requirements must be met to ensure that BBB meet its aims with regard to Grievances:

• BBB shall, as a minimum, adhere to the ACAS Code on Discipline and Grievance Procedures. This includes notice periods for formal hearings, the right to respond, the right to a companion, the provision of information and the right of appeal.
• A key aim is for most grievances to be resolved informally, without recourse to formal procedure.
• A grievance, as defined in 7.1 below, is a concern, problem or complaint that an employee raises with BBB. All grievances will be taken seriously and treated in confidence as far as is reasonably practicable (without impacting on a proper and thorough investigation, fairness or BBB's other obligations). If the grievance relates to harassment, bullying or behaviour that is contrary to the BBB Diversity, Equity & Inclusion Policy, the grievance procedure outlined below or BBB's Disciplinary Procedure will usually be used to address it, if informal attempts to resolve matters have failed.
• This policy and associated grievance procedure cannot be used as an additional means of appeal against a decision or sanction under another policy.
• If an employee raises a genuine grievance in good faith, or supports someone in raising their genuine grievance, they will be protected from any related detriment and will not be victimised, or placed at any disadvantage, because of raising or supporting a grievance.
• If a grievance is found to be knowingly malicious or vexatious, the employee may be subject to disciplinary action up to and including dismissal in line with the BBB Disciplinary Policy and associated procedure.
• This policy and associated grievance procedure may be used by an employee on their own or collectively with other employees, otherwise known as a “collective grievance”.
• Employees shall usually be advised of any complaints made against them and such complaints, in accordance with the associated grievance procedure, will be subject to an investigation (by a suitably trained/experienced employee, who has had no prior involvement in the case), with the employee being given an opportunity to respond to complaints against them, before any decision is taken about whether or not to uphold a grievance. BBB may, depending on the circumstances, decide to commission an external, independent investigation.
• BBB recognises that in some circumstances, mediation may be the appropriate way forward in resolving a grievance, or facilitating a return to normal, healthy working relationships upon completion of a grievance investigation.
• Employees who raise a genuine grievance are entitled, pursuant to a reasonable request, to be accompanied by a fellow employee of BBB (not otherwise involved in the case) or represented by a Trade Union Representative or Trade Union Official when attending formal hearings as part of the associated BBB Grievance Procedure. This right does not extend to legal representation.
• BBB will consider reasonable adjustments where these may assist employees to comply with their obligation to cooperate with the grievance investigation and hearing process. BBB may seek Occupational Health opinion and/or a report from the employee's own GP where an employee is off sick during a grievance process.
• All records shall be maintained in line with the requirements of the current data protection legislation and the ACAS Code on Disciplinary and Grievance Procedures and supporting guidance. For Data Protection principles please refer to the policy.
• This policy shall be communicated via email to all employees and a copy will be placed on the intranet. Additionally, workshops will be held for managers and supervisory employees, to ensure awareness of their roles and responsibilities in terms of compliance and delivering the aims of this policy.

3.2 Roles and Responsibilities

BBB commits to training managers and communicating with all other employees about their rights and responsibilities under this Policy.

All employees have a duty to ensure that they are aware of, and comply with, BBB policies and procedures. Managers are also responsible for dealing with complaints informally wherever possible and in any event, as consistently and as swiftly as is reasonably practicable.

4. Non-Compliance

All employees fall within the scope of this policy and are expected to comply with it and assist BBB in complying with it. All managers have a duty to ensure that they and all the employees they are responsible for are aware of, and comply with, BBB policies and procedures.

5. Aligned Standards and Procedures

• Anti – Harassment & Bullying Policy
• Diversity, Equity & Inclusion Policy
• Speak-Up Policy
• Standards of Conduct
• Disciplinary Policy & Procedure
• Health & Safety Policy

6. Disciplinary Policy and Procedure Policy Controls

The Policy controls are visible here: Grievance Policy and Procedure Controls - Power BI

7. Definition of Terms

7.1 Grievances

Grievances are concerns, problems or complaints raised by an employee. Anybody may at some time have problems or concerns with their working conditions or relationships with colleagues that they wish to raise. Issues that may give rise to grievances include:

• terms and conditions of employment
• health and safety
• work relations
• bullying and harassment
• new working practices/organisational changes
• discrimination

The above list is not exhaustive and is for guidance only.

7.2 Reasonable Adjustments

In the context of this policy and associated procedure, reasonable adjustments are those adjustments and variations that may be afforded to an employee who has a disability as defined by the Equality Act 2010, to allow them to meet their obligations to cooperate with any investigative or other part of the grievance process. BBB may also consider adjustments for employees who have other health related issues that temporarily prevent them from attending face to face interviews and/or formal hearings. Such adjustments may, potentially upon Occupational Health/GP advice, extend to allowing responses and representations to be submitted in writing, or by a nominated and appropriately authorised trade union representative.

8. Further Information

Employees requiring further information, or advice concerning this policy, should contact a member of the HR Team. A separate grievance procedure is available to outline the process to be followed when an issue is raised. The ACAS Code on Disciplinary and Grievance and further useful guidance and information is available on the ACAS website at acas.org.uk.