Complaints, Representations and Quality and Diversity BRd 2

CHAPTER 42

COMPLAINTS, REPRESENTATIONS AND QUALITY AND DIVERSITY

(MOD Sponsor: FLEET DCS LAW)

CONTENTS

SECTION I - REPRESENTATIONS AND COMPLAINTS

Para
4201. General
4202. Representations
4203. Complaints
4204. Appeals Against Security Vetting Decisions
4205. Statutory Complaints against Commanding Officer’s Recommendation for
Discharge SHORE/SNLR.

SECTION II - EQUALITY AND DIVERSITY

4221. Policy Statement

4222. Harassment and Bullying
4223. Policy Advice and Guidance

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CHAPTER 42

COMPLAINTS, REPRESENTATIONS AND QUALITY AND DIVERSITY

SECTION I - REPRESENTATIONS AND COMPLAINTS

4201. General

1. Definitions

a. Representations. This procedure covers any representation, question or

suggestion, either oral or in writing, about any Service matter whether personal or
general that an individual may wish to be considered by higher authority.

b. Complaints. This procedure is to enable a statement to be made either orally or in

writing of a grievance relating to alleged specific injustice suffered by the
individual concerned and requests a personal redress. An informal complaint can
be made orally but a formal complaint must be made in writing.

2. Combinations. Every person is fully authorized individually to make known to his

superior any representation or proper cause of complaint, but individuals are not to
combine, either by the appointment of committees or in any other manner; nor are they to
sign collectively memorials, petitions or applications, nor to obtain signatures to such
documents. Each individual must make his own representation or complaint; joint
representations or complaints by two or more persons are prohibited as being contrary to
the traditions and practice of the Service and injurious to its welfare and discipline.

3. Exceptions to procedures for representations and complaints. The instructions in

this section do not alter:

a. The procedure by which men may bring requests before Inspecting Officers at
inspections in accordance with the custom of the Service.

b. The custom by which any rating is allowed to request, through his Divisional
Officer, to see the Commanding Officer with regard to matters of a private nature.

c. The custom by which complaints of an immediate nature, other than those about
food, may be taken before the Officer of the Watch.

d. The customary procedure by which complaints of an immediate nature about food

in HM ships and establishments under the General Mess system may be
represented.

e. The procedure by which local questions of welfare and amenities may be dealt
with by the Welfare Committee (see Para 8001.).

f. The procedure in JSP 441 for submitting appeals against decisions on matters
relating to pay etc.

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4. Notice. Form S.272 “Representations about Welfare and Conditions of Service and
Complaints of Injustice and Ill Treatment”, so far as it affects ratings, is to be kept
permanently displayed in an accessible part of ship or shore establishment for the
information of the ship’s company. The attention of all ratings is to be drawn to the rules
for stating a representation or complaint and to the presence of Form S.272 on the
following occasions:

a. To new entries during an early stage of their initial training;

b. To re-entries as soon as possible after they rejoin;

c. To a ship’s company at the first opportunity after commissioning or

recommissioning;

d. Once a year in shore establishments.

5. Duties of ratings. It is the duty of every Warrant Officer, Chief Petty Officer, Petty
Officer or leading rating to keep himself informed of any cause of complaint or
dissatisfaction among the men, and to inform his Divisional Officer so that the matter may
be investigated. A copy of this clause is to be kept permanently posted on a notice board
in all Chief Petty Officers’ and Petty Officers’ messes, and on the ship’s company main
notice board.

4202. Representations

1. To whom a representation is to be made. Any officer or rating who wishes to make any
representation affecting his or other’s welfare, or who has any suggestion to make
connected with the Service, should bring the subject to the notice of his superiors in the
following manner:

a. If the representer is an officer, his representation should be made initially to his

Commanding Officer (through his Head of Department and the Executive Officer
as appropriate) or, in the case of Commanding Officers and above, to his next
superior officer in the chain of command.

b. If the representer is a rating his representation should be made initially to his

Divisional Officer (through his divisional senior rating when appropriate) or, in the
case of ratings on detachment, to the officer under whose immediate command
he is.

2. How the representation is to be dealt with. Representations should be handled with

dispatch and should in all cases be answered at the lowest level commensurate with an
authoritative reply. On receipt of any representation the Commanding Officer or other
officer receiving the same is to satisfy himself that it is made in accordance with the
appropriate regulations in this section. He is then to deal with it as may seem to him right.
If he is unable to grant the remedy but supports the case he is to forward it to the Fleet HQ.
However, if an officer receiving a representation considers that it is not worthy of serious
consideration, he should inform the representer of this by rejecting the case and state that
he does not intend to take the matter any further.

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3. Any officer in the chain of command who is personally involved in the substance of a
representation is to forward it, with his comments, to his next superior officer in the chain
of command.

4. If the representer is dissatisfied with this decision he is to submit a complaint in

accordance with Para 4203.

5. In framing representations the following rules apply:

a. Any oral representation should subsequently be confirmed in writing if it is to be

referred to an authority higher than the officer first addressed.

b. Representations on matters directly affecting an individual are to be confined to a

statement of the facts and the alleged consequences for the individual himself.
This does not apply to those representations which are suggestions which have
a wider application.

c. It is an offence against good order and naval discipline to make a representation

or complaint either oral or written which includes a statement of fact which is
untrue to the knowledge of the originator.

d. It is an offence against good order and naval discipline to make a representation

in language or comment, that is disrespectful or insubordinate or subversive of
discipline, except insofar as such language or comments are necessary for an
adequate statement of facts.

6. No officer or rating shall be penalized for having made a representation in accordance

with these rules.

4203. Complaints

General

1. Any member or former member of the Naval Service, who believes he has be wronged
in any matter relating to his service may exercise his right to make a Service Complaint
under section 334 of the Armed Forces Act 2006 (AFA 06) and related subsidiary
legislation. Each individual must make his own complaint; joint complaints by two or more
persons are forbidden. Anonymous complaints are to be disregarded. An informal
complaint may be made orally but a formal complaint must be made in writing.

2. Guidance on the procedures to be followed in stating and handling a statutory

complaint is contained in JSP 831 (Redress of Individual Grievance: Service Complaints).
Arrangements for dealing with complaints of harassment and bullying are set out
separately in JSP 763 (The MoD Harrassment Complaints Procedure).

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Complaints to Employment Tribunal.

3. Service Personnel also have the right to submit complaints to Employment Tribunals
(ETs) under the Sex Discrimination Act 1975, the Sex Discrimination (Northern Ireland)
Order 1976, the Race Relations Act 1976, the Race Relations (Northern Ireland) Order
1997, the Equal Pay Act 1970, the Equal Pay Act (Northern Ireland) 1970, the Working
Time Regulations 1998 and the regulations pertaining to gender reassignment
(transsexuals), religion and belief, sexual orientation and Parental Leave. Under AFA 06,
however, an ET does not have jurisdiction to hear an Application unless it has been
submitted in the form of a statutory complaint under the internal redress (Service
Complaint) procedures and has not been withdrawn. Complainants should note that ETs
may refuse to accept a case if it is submitted outside the appropriate time limit.
Responsibility for complying with the time limit lies entirely with the complainant. Where an
Application has been made to an ET, FLEET DCS LAW LC is to be kept informed of the
progress of the Service complaint.

4. In recognition of the requirement for ET Applications also to be submitted first under

the internal redress procedures, the time limit for a Service complainant to refer his case
to an ET on all eligible matters (except for claims under the Equal Pay Act 1970) is six
months, which is three months longer than for civilians. Complaints which are capable of
being pursued as claims under the Equal Pay Act 1970 may be made at any time during
service or within nine months of leaving the Service. Where a person rejoins after a break
in service, this time limit will continue to run irrespective of any subsequent period of
service. However, it should be noted that the Equal Pay Act 1970 restricts any award of
arrears of pay or damages to the two year period immediately preceding the date on which
the complaint is submitted under the internal procedures.

5. The decision as to whether, and if so, at what stage in the internal process, to refer a
case to an ET is solely for the complainant to make. Complainants may seek advice from
an independent source at any time on any matter relating to a complaint. Complainants
may also take legal advice from a solicitor at their own expense at any time.

6. Complainants who decide to await the outcome of the internal procedures before
applying to the ET must note the need to submit their ET applications before the
appropriate statutory deadline—see sub para 4. If a final decision on the complaint has not
been reached by then, the MOD will nevertheless continue its investigation with a view to
reaching a decision before a hearing date has been set. If a decision is reached before the
ET hearing and the complainant is satisfied, he may withdraw the application for the ET.

7. An application to the ET should be made on a Form ET1. Information on how to

acquire a form in England, Wales and Scotland can be obtained from an Employment
Tribunal office, a Jobcentre or Citizens’ Advice Bureau. Advice on ET procedures can be
obtained from the Tribunals Enquiry Line on 0845 795 9775, or the Advisory, Conciliation
and Arbitration Service (ACAS). Information on ETs in Northern Ireland can be obtained
from the Office of the Employment Tribunals and the Fair Employment Tribunal, Long
Bridge House, 20-24 Waring Street, Belfast BT1 2EB.

8. The Form ET1 asks for the name and address of the employer. To ensure that MOD
is able to comply with the ET deadline for the employer’s initial response, it is most
important that the correct MOD address is given. This is:

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Royal Navy
The Ministry of Defence
FLEET DCS LAW LC
Leach Building
Mail Point 4-2
Whale Island
Portsmouth PO2 8BY

9. If a complaint is still being considered under the internal redress procedures when the
Form ET1 is received, the MOD response will confirm this, indicating the likely duration of
the procedures, and will normally request an adjournment. It is general practice for ETs to
refrain from listing a case for hearing if an internal appeal is known to be in train.

10. Further advice on these procedures for RN personnel can be obtained from FLEET
DCS LAW LC2 on 93832 5865.

4204. Appeals Against Security Vetting Decisions

1. There are provisions in JSP 440 for appealing against a decision to deny or suspend
a person’s security vetting clearance.

4205. Statutory Complaints against Commanding Officer’s Recommendation for

Discharge SHORE/SNLR.

1. Ratings or other ranks who complain to the Admiralty Board about a decision by a 2*
authority, normally COS (Pers) Fleet, to discharge them SHORE or SNLR will not be
retained in the Service pending a decision on their complaint. Where the decision to
discharge was made by another competent authority, retention will be permitted until the
complaint has been considered by COS (Pers) Fleet. If it is rejected, immediate discharge
will follow.

2. Service personnel due to be discharged are to be reminded of their right to make a

complaint under section 334 of AFA 06. They are to be informed that, if they wish, they
may have a period of up to 24 hours prior to their discharge in which to decide whether to
state a complaint. Those who decide to do so are to be allowed a period of up to 48 hours
to prepare their complaint. Discharge will be effective immediately on completion of the
complaint and the discharge routine. Those who decide not to take that opportunity
nonetheless retain their right to state a formal complaint within three months of the date on
which they were informed of the decision to discharge them. They are to be advised
accordingly.

3. Where a complaint against a discharge decision is upheld, arrangements will be made

for the rating or other rank to be reinstated.

4206- 4220. Unallocated

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SECTION II - EQUALITY AND DIVERSITY

4221. Policy Statement

1. RN Equality and Diversity (E&D) policy is laid down in “The First Sea Lord’s Equality
and Diversity Directive for the Royal Navy” issued to all RN ships, units and establishments
at least biennially. The RN booklet “ Equality, Diversity and You” also gives guidance on
E&D issues and is issued to all personnel, including all RN trainees on joining.

4222. Harassment and Bullying

1. Guidance on how to deal with cases of all forms of harassment and bullying, together
with detailed procedures, legal definitions, the role and responsibilities of the Unit Equality
and Diversity Adviser (EDA) and all parties involved in any E&D complaint, may be found
in JSP 763 (MOD Harassment Complaints Procedures). This is the definitive publication
when dealing with such issues.

4223. Policy Advice and Guidance

1. Advice on RN E&D policy and procedures should be sought from a Unit EDA in the
first instance. Alternatively, Unit EDAs, those in the Command chain and Line Managers
may also seek advice and guidance either from the RN E&D website, or direct from the RN
E&D Policy staff (FLEET-DNPS NLM E&D Staff, MP 3-1, Leach Building, Fleet HQ, Whale
Island, Portsmouth, PO2 8BY).

2. Specific E&D casework advice and guidance may be sought from (in priority order):

a. A Unit EDA

b. The RN E&D Investigation Team (E&DIT) at the Fleet HQ.

c. RN E&D Policy staff at Fleet HQ.

3. See Para 4203. for guidance on where to seek advice on Employment Tribunal
matters.

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