Employee grievances: NHSScotland PIN policy

Annex C: Guidance on Conduct at Formal Hearings

The main purpose of a formal hearing is to ensure that all present have a full understanding of the issue so that an impartial decision can be based on facts.

The hearing should adopt as flexible an approach as possible, while adhering to the following principles:

• Both parties must be given the opportunity to present cases orally and call any witnesses. It is the responsibility of individual parties to ensure they make arrangements for the attendance of witnesses;
• The employee or their representative shall state their case in the presence of the management representative and may call witnesses who shall remain present only when they are giving evidence;
• The management representative shall have the opportunity to ask questions of the employee/representative and witnesses;
• The manager hearing the grievance or members of the appeal panel shall have the opportunity to ask questions of the employee/representative and witnesses;
• The management representative shall state their case in the presence of the employee/representative and may call witnesses who shall remain present only when they are giving evidence;
• The employee/representative shall have the opportunity to ask questions of the management representative and witnesses;
• The manager hearing the grievance or members of the appeal panel shall have the opportunity to ask questions of the management representative and witnesses;
• Written evidence not previously circulated and presented before the hearing may only be admitted at the discretion of the manager hearing the grievance or members of the appeal panel;
• The management representative and the employee or their representative shall have the opportunity to sum up their case if they so wish. The employee or their representative shall have the right to speak last, having opportunity to sum up their case if they so wish. In their summing up neither party may introduce any new matter;
• The manager hearing the grievance or members of the appeal panel may, at their discretion, adjourn the appeal in order that further evidence may be produced by either party to the dispute or for any other reason; and
• The manager hearing the grievance or members of the appeal panel shall deliberate in private only recalling both parties to clear points of uncertainty on evidence already given. If recall is necessary, both parties shall return notwithstanding only one is concerned with the point giving rise to doubt. Ensure that everyone present has a full understanding of the issue.