Where a grievance is raised on an issue attributable to an identifiable management decision, the decision on the grievance should be taken, where this is practicable, by an officer at least one management level higher than the officer who was responsible for the decision or action which is the subject of the grievance. Appeals on grievance matters must be heard, where this is possible, by someone at least one level higher than the person making the decision being appealed. Appeal decisions should be taken by someone independent of the original decision if this is practicable. Collective Grievances 4.5.13 Recognised trade unions have the right to make representations on procedural matters and on general principles underlying disciplinary action. Such representations may be made centrally and at departmental and agency level. Additionally, trade union representatives or another employee representative may raise a collective grievance on behalf of more than one employee. In line with the statutory procedures, these would normally be dealt with through the ordinary channels of trade union/departmental communications rather than through the grievance procedure, and departments and agencies will then be considered as having complied with the statutory grievance procedure. Rules common to disciplinary and grievance procedures Assistance at a hearing 4.5.14 must be given the right to the assistance of a trade union official or a colleague throughout formal disciplinary or grievance proceedings. Appeals 4.5.15 Departments and agencies must make clear to individuals their rights of appeal against disciplinary or grievance decisions. Staff must have a route of appeal within the department or agency. In addition, departments and agencies must allow staff who are dismissed to appeal to the Civil Service Appeal Board if they are eligible to do so (see paragraph 12.1.7). Rules on recovery of losses 4.5.16 Departments and agencies must apply, where appropriate, the rules which apply to the recovery of losses to public funds on dismissal and to the forfeiture of superannuation benefits in respect of dismissal for certain criminal offences. These rules are set out in Annex A.
must take account of the individual’s ability to contribute and (for bridging loan shortfalls) the alternative cost; and should normally be a loan - interest free for bridging loan shortfalls and either interest bearing or interest free for mortgage shortfalls. Interest-free loans for house purchase 8.3.8 Where departments and agencies offer interest-free loans for house purchase, these must not exceed twelve months’ salary, and must be offered only where staff: move to areas where housing costs are higher; or are first time purchasers; or have bridging loan and mortgage shortfalls (see paragraph 8.3.7). Repayment period must not exceed 20 and staff must agree to repay the loan on demand when they cease to be civil servants. Where financial hardship arises following redundancy, death or early retirement, departments and agencies may allow staff to repay the loan over the original period and/or waive repayment on outstanding interest-free loans. Grants for house purchase 8.3.9 Departments and agencies may pay grants for house purchase where they would otherwise offer an interest-free loan. The maximum grant must be the value of interest foregone on a loan of up to twelve months’ salary repaid over 20 years; and staff must agree to repay the grant, in whole, or in part, upon demand, when they cease to be a civil servant. 8.4 Compensation for Loss or Damage to Personal Property 8.4.1 Where departments and agencies compensate their own staff for loss or damage to personal property arising in the course of employment, the following conditions must be satisfied: the loss is verifiable; the loss or damage is not covered by insurance or any provision for free replacement; for cash losses only, there was an official need for money to be carried on duty; and there has been no negligence on the part of the officer. 8.5 Concessionary Arrangements for Working in Northern Ireland Where departments and agencies compensate their staff working in Northern Ireland
recommend that the appellant be reinstated or re-employed (if the recommendation is rejected, it may compensation or additional compensation in the case of early retirement); or specify what compensation (or additional compensation in the case of early retirement) should be paid; or recommend the appropriate action. In cases of early retirement on grounds of limited efficiency or structure, the Head of Department or Agency Chief Executive will normally be expected to accept the recommendations of the Board unless there are overriding reasons to the contrary and, before such a recommendation is rejected, other departments and agencies must be consulted about the possibility of a transfer to them. Departments and agencies must pay compensation awarded by the Board. Efficiency dismissals: compensation Departments and agencies must give civil servants the opportunity to appeal to the Board against the department’s or agency’s decision on compensation. Appellants must tell the Board of their intention to appeal – within 21 days of the effective date of termination; or – if the appointment was terminated without notice, the date on which employment ceased. Appellants must send their full written case to the Board within 21 days of giving notice of their intention to appeal. Appellants have the rights described in paragraph 12.1.31. If the Board decides that the decision not to pay compensation was unjustified or the amount of compensation inappropriate, the department or agency must pay compensation awarded by the Board. Expenses 12.1.35 Departments and agencies must pay for the following in connection with attendance at a Board hearing: a. the travelling and subsistence expenses of: – the appellant; – any servant assisting the appellant; – any non-civil servant (other than a full time trade union representative or solicitor or barrister) who, with the Board’s agreement, attends with the appellant; and b. loss of earnings, if appropriate, incurred by: – the appellant; – any non-civil servant (other than a full-time trade union representative or solicitor or barrister) who, with the Board’s agreement, attends with the appellant.