i. Disputes

Unfortunately from time to time there will be disagreements between the council and its officers.  It requires a great deal of skill and specialist knowledge to manage matters relating to grievance or disciplinary.  Therefore the council should ensure that any councillors involved must ensure they are competent but that they are adequately training and prepared.  Unfortunately failure to manage this risk may result in a claim against the council which might have both a financial and reputational impact.

Disciplinary matters are often as a result of concerns by an employer about misconduct or poor performance.  The Good Councillor Guide to Being a Good Employer has a helpful section that covers this including procedures, avenues for resolution and employee rights.

Grievance matters involve concerns or problems or complaints that employees have about their employer or their colleagues.  This can often lead to relationship problems and the breakdown of trust and respect.  This is why it is important that the council takes every possible step through good management practices and procedures to ensure that this situation does not happen.   

We also recommend that in addition to complying with the Code of Conduct, it is extremely important that members of your personnel/staffing committee fully understand the council's procedures in relation to these matters and if necessary attend training on disciplinary and grievance handling.

Legal topic note number 22 covers this topic well.

Finally, mediation is an alternative route to resolve disputes if things go wrong.  SALC can signpost member councils to a local mediation service which might save both time and money.   It should be noted that the option of mediation must be agreed by both parties.