Procedures under Statute 17: Grievance
Council Ordinance 16
Grievance Committee
This Ordinance establishes procedures for hearing and determining Grievances by the Grievance Committee under Statute 17 "in such a way as to ensure that the aggrieved person and any person against whom the grievance lies, shall have the right to be heard at a hearing and to be accompanied by a friend or representative" (Statute 17, clause 36).
This Ordinance should be read in conjunction with part VI Grievance Procedures of Statute 17 and, in any case of conflict, the Statute will take precedence over this Ordinance.
Definitions
| Aggrieved: | the person bringing the grievance. |
| Individual: | the person(s) (if any) against whom the grievance lies. |
| The University: | Brunel University, including the department, school or other constituent part of the University named or implicated in the grievance. |
| Part/parties: | the Aggrieved, any Individuals and/or the University. |
| Final hearing: | the hearing at which the Grievance Committee hears evidence and submissions with a view to making a decision on the grievance. |
Grievance Committee
Council shall appoint (annually at the first meeting of Council in the academic year) a Grievance Committee which shall comprise:
- a Chair; and
- one member of the Council, not being a person employed by the University; and
- one member of the academic staff nominated by Senate.
Council and Senate shall each nominate (annually at the first meeting in the academic year) up to 3 persons suitable as substitutes for any member of the Grievance Committee.
The constitution for any hearing of the Grievance Committee shall be the full membership of the Committee. A substitute member will not be nominated once a final hearing has begun.
If all parties and the remaining members of the Committee agree, a hearing may proceed with two Committee members. A hearing cannot continue with just one Committee member.
Decisions of the Grievance Committee shall be by simple majority. In the event that there is no majority, the Chair shall have the casting vote.
All proceedings of the Grievance Committee and all evidence placed before it shall remain confidential and shall not be published outside the University by any party to the Committee’s proceedings unless all parties and the Committee agree.
The Grievance Committee Procedure
The Grievance Committee shall complete its consideration of a grievance as expeditiously as is reasonably practicable.
Upon receipt of a written grievance from the Vice-Chancellor and Principal the Grievance Committee shall notify the Secretary to Council.
The Secretary to Council or his or her nominee shall appoint a senior member of the University Human Resources Department not previously connected with the case to be Secretary to the Committee. In the event that no senior member of the University Human Resources Department is available or there is an upheld objection to the appointment, the Secretary to Council, or his or her nominee may invite representations from the parties and will appoint such other person as he or she sees fit.
The Secretary to the Committee shall consider the written grievance and any associated papers and decide whether there are any Individuals that ought to be notified of it and which department, school or other constituent part or parts of the University ought to be given notice. The notice that the Secretary to the Committee sends shall contain a short summary of the nature of the grievance, the name of the Aggrieved and a list of the parties that are being or have been sent notice of the grievance. The Aggrieved shall be sent a copy of the notice.
The Secretary to the Committee shall notify the parties in writing of the names of Grievance Committee members.
A party who wishes to object to a member of the Grievance Committee, including the Secretary to the Committee shall do so within 10 days of the Secretary to the Committee sending the names of the Committee members to the parties. The objections, with reasons, shall be delivered in writing to the Secretary to the Committee and copied to the other parties who shall be entitled to make written representations within 10 days. The objections and representations shall be considered by the Secretary to Council, or his or her nominee, who will provide a written decision with reasons which shall be final.
When necessary, the Secretary to Council shall act on behalf of the Council in appointing members of substitute members from the prescribed Council and Senate lists to hear a grievance.
The Committee (which for this paragraph may act through the Chair of the Committee) shall consider whether a preliminary hearing is necessary in order to hear representations from the parties as to the matters set out in the paragraph below. The Secretary to the Committee shall give the parties notice in writing of the date of any such hearing.
The Committee shall decide of its own motion or following a hearing under the paragraph above what directions shall be given to the parties for the progress of the grievance. These directions may include but shall not be limited to:
- The parties providing written statements of case.
- The parties providing written witness statements.
- The parties exchanging relevant documents and evidence.
- The dates upon which directions are to be complied with.
- The date of the final hearing.
Any directions made by the Committee should provide that:
- All parties shall have the right to be present at any hearings.
- All parties shall have the right to be accompanied and/or represented by one friend or representative, who may not be a practising Solicitor or Barrister.
- All parties may present written or oral evidence and call relevant witnesses.
The Secretary tthe Committee shall notify the parties in writing of the directions made by the Committee under the paragraph above.
Unless there is a need for urgency or the parties agree, any notice sent by the Secretary tthe Committee shall be sent not later than 7 days before any date contained in the notice.
The Final Hearing
At least 7 days before the date appointed for the start of the final hearing, the Secretary tthe Committee shall:
- ensure that the Committee and all parties have been furnished with copies of all documents tbe placed in evidence, the names of all witnesses tbe called tgive evidence, and a copy of Statute 17;
- provide the parties with a statement of the procedure tbe used by the Committee;
- ensure that arrangements are in place for an adequate record tbe taken of the proceedings;
- make such other arrangements as may be necessary tfacilitate the Committee’s work;
- act on behalf of the Committee in fulfilling the requirements of Statute 17.36.
The Committee shall have the power trefuse treceive any evidence which is not relevant tthe issue(s) before it. If refusing treceive evidence, the Committee shall give reasons for the refusal which shall be recorded.
Unless the Committee otherwise directs, the final hearing will follow the order in this paragraph. References ta party include a reference tthe party’s representative, save that the Aggrieved and/or the Individual may not give evidence through his representative.
- The Aggrieved will outline his case.
- The Aggrieved will call any witnesses in support of his case, starting with himself (if he is tgive evidence).
- If witness statements have been exchanged, these will stand as evidence.
- The parties will ask questions of each witness in the following order:
-
- the Aggrieved.
- the Individual.
- the University.
- the Committee.
In relation teach witness, the Aggrieved will then have the opportunity tclarify any issues that arise as a result of the answers given tthe other parties’ and the Committee’s questions.
The Individual will outline his case.
The Individual will call any witnesses in support of his case, starting with himself (if he is to give evidence).
If witness statements have been exchanged, these will stand as evidence.
The parties will ask questions of each witness in the following order:
- the Individual.
- the University.
- the Aggrieved.
- the Committee.
In relation to each witness, the Individual will then have the opportunity to clarify any issues that arise as a result of the answers given to the other parties’ and the Committee’s questions.
The University will outline its case.
The University will call any witnesses in support of its case.
If witness statements have been exchanged, these will stand as evidence.
The parties will ask questions of each witness in the following order:
- the University.
- the Individual.
- the Aggrieved.
- the Committee.
In relation to each witness, the University will then have the opportunity to clarify any issues that arise as a result of the answers given to the other parties’ and the Committee’s questions.
The members of the Committee may require the recall of a witness to answer further questions.
The parties may make brief closing statements in the following order:
- the University.
- the Individual.
- the Aggrieved.
The Committee will then adjourn to consider its decision.
Notifications of Decisions
As required by Statue 17.36, the Grievance Committee is to decide whether the grievance is well founded and, if it is well founded, is to make such proposals for the redress of the grievance as it sees fit.
In considering whether the grievance is well founded, the Grievance Committee will decide each issue raised on the balance of probabilities.
The Grievance Committee will prepare a written report of its findings and reasons for its decision. A copy of the report shall be sent to the parties to the grievance and to the Council.
The report shall be confidential and shall not be disclosed or published to others outside the University except with the consent of the parties or where required by law.
The Council shall consider the Committee’s report and shall make such direction as it sees fit. Where the Council’s decision differs from the Grievance Committee’s recommendation, the Council shall provide the parties with reasons in writing.
The Council’s decision shall be final.
