HR ADVISORY BULLETIN 1. Discipline & Grievance

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "HR ADVISORY BULLETIN 1. Discipline & Grievance"

Transcription

1 HR ADVISORY BULLETIN 1 Discipline & Grievance V1 January 2012 Protect

2 DISCLAIMER The information contained within this pamphlet is for guidance only. The purpose of this pamphlet is to provide information and reflects our understanding of legislation at the time of writing. We do not accept any responsibility for any results obtained from the use of this information, expressed or implied. As such, it should not be used as a substitute for legal advice. HR ADVISORY BULLETIN 1 Page 2 of 9

3 CONDUCTING DISCIPLINARY PROCEEDINGS Prior to the ACAS code of practice, were the Statutory Disciplinary & Dismissal Procedures which were in force from October 2004 until April These laid down that if an employer had failed to follow the correct procedural route, notwithstanding the fact that there may have been a perfectly fair reason for disciplining or dismissing, a disgruntled employee would have been able to issue a claim of automatic unfair dismissal, meaning that if the Claimant went to the Tribunal and was successful, the Tribunal had to increase any award by 10% and could have increased it by up to 50%. Let us look at a couple of scenarios: Problem Arises So, a problem arises, for example, various absences, say Mondays and Friday afternoons, different excuses, and various minor ailments. Another one, you could have had two employees either having an argument or fighting in the work place or another example of misconduct would be money going missing from a particular shift. When a problem arises and the information comes to your attention, you need to consider what to do. Length of Service? One issue you need to consider is the length of service of the employee. For employees with over 51 weeks length of service or for employees with less than 51 weeks but who may be covered by discrimination legislation (The Equalities Act 2010) i.e. pregnant woman or employee who may be classed as disabled it is essential that a full and fair procedure be carried out. It is good practice to follow a full disciplinary procedure for all employees as this gets you in to the habit of doing so. Whether to suspend? Another question to be considered is whether to suspend the employee, if, for example, money is going missing or there has been an incident involving a dispute between employees, then you as the employer have to consider whether you want to get the employee off site. If so the employee should be informed that they are suspended, that suspension is not a disciplinary sanction it is a neutral act, and the suspension will last for a short period of time whilst an investigation can be carried out, this should be confirmed in writing. Always consider what alternatives, if any, there are to suspension i.e. deployment to a different site. If on the other hand the reason for inviting the employee to a disciplinary hearing is because of regular but unrelated absences, you may not want to suspend because your aim is to get more, not less work out of the employee. Is further information needed? So, we are at the stage where an incident has come to your attention and you may or may not have suspended the employee. It is important to carry out necessary investigations of potential disciplinary matters without unreasonable delay to establish the facts of the case. In some cases, this will require the holding of an investigatory meeting with the employee before proceeding to any disciplinary hearing. In others, the investigation stage will be the collation of evidence by the employer for use at a disciplinary hearing. In child protection related cases the advice of the Local Area Designated Officer (LADO) should be sort before proceeding with any investigation. HR ADVISORY BULLETIN 1 Page 3 of 9

4 In misconduct cases, where practicable, different people should carry out the investigation and disciplinary hearing. This is to evidence that the person investigating the issue is not then the person who makes the decision. If there is an investigation meeting, this should not by itself result in any disciplinary action. Whilst there is no statutory right for the employee to be accompanied at an investigatory meeting, such a right may be allowed under an employer s own procedures. Invite the Employee to a Disciplinary Meeting So, you have carried out an investigation and if you have come to the decision that there is a case to answer then you should write to the employee inviting them to attend a disciplinary meeting. The letter should include sufficient information about the alleged misconduct or poor performance and the possible consequences of the meeting to enable the employee to prepare to answer the case at the disciplinary meeting. Copies of any witness statements taken should be included with the letter. Information regarding the time, date and venue of the disciplinary meeting, who will be chairing the meeting and who will be taking notes should be included, Right to Accompaniment The employee should also be informed of his/her right to be accompanied. It is also sensible to ask the employee to confirm their attendance say, 2 days before the meeting and to inform who will be accompanying them. If the employee has been suspended and been told not to contact the company or told not to contact other workers, the company should offer to arrange for the person requested to accompany to be there if he or she agrees. The ACAS Code of Practice details that the chosen companion may be a fellow worker, a Trade Union representative or an official employed by a Trade Union. Most employers will not allow a legal representative such as a solicitor to attend. However, in certain circumstances there may exist a right to legal representation. Advice should be sought on a case-by-case basis. The Disciplinary Meeting So we get to the disciplinary meeting, the employer should have provided all the relevant information by way of witness statements and detail of the allegations. At the meeting the employee should be asked if they have any explanation for the alleged misconduct or unsatisfactory performance or, if there are any special circumstances to be taken into account. If it becomes clear at this stage that the employee has provided an adequate explanation, or there is no real evidence to support the allegation, the proceedings should be brought to a close. The approach should remain formal and polite and the employee should be encouraged to speak freely with a view to establishing the facts. A properly conducted disciplinary meeting should be a two way process, questions should be asked to clarify the issues and to check that what has been said is understood, for example, open ended questions such as what happened next? to get the broad picture and the employer should ask precise closed questions requiring a yes or no answer when specific information is needed. Decide on Appropriate Action If new facts emerge, it may be necessary to adjourn the meeting to investigate them and reconvene the meeting when this has been done. At the end of the meeting, the main point of the discussion should be summarised to bring together the nature of the offence, the arguments and HR ADVISORY BULLETIN 1 Page 4 of 9

5 evidence put forward and to ensure that nothing is missed the employer should ask the employee if they have anything further to say. This should help demonstrate to the employee that they have been listened to and treated reasonably. The disciplinary meeting should then be adjourned before a decision is taken about whether a disciplinary sanction is appropriate. Such adjournment allows time for reflection and proper consideration. It also allows for any further checking of any matters raised, particularly if there is a dispute over the facts. After the meeting, the employer should decide whether or not disciplinary or any other action is justified and informs the employee accordingly in writing. If a decision is taken to dismiss, such a decision should only be taken by a manager who has the authority to do so. The employee should be informed as soon as possible of the reasons for the dismissal, the date on which the employment contract will end, the appropriate period of notice and the right to appeal. Employees with one year s service or more have the right to request a written statement of reasons for the dismissal and a woman who is dismissed during pregnancy or maternity or adoption leave is automatically entitled to the written statement without having to request it, irrespective of length of service. Right to Appeal The opportunity to appeal against the disciplinary decision is essential to natural justice and it is important that this addressed seriously by the employer. The appeal may either be a review of the disciplinary sanction or a re-hearing depending on the grounds of the appeal. An appeal must never be used as an opportunity to punish the employee for appealing the original decision and it should not result in any increase in penalty as this may deter individuals from appealing. HR ADVISORY BULLETIN 1 Page 5 of 9

6 GRIEVANCES A grievance is a concern, problem or complaint that an employee raises with his employer. Most grievances will concern issues that are within an employer s control i.e. treatment afforded to employees by management or other employees, but sometimes the issue may be in respect of the behaviour of clients or customers. All grievances should be treated in the same way regardless of the subject matter. The ACAS Code of Practice on Disciplinary and Grievance Procedures forms the basis of the procedure which employers and employees must follow in the event that an employee wishes to raise a grievance. It is in everyone s interests that grievances are resolved quickly, fairly and efficiently to maintain staff morale within the workplace. As an employer it is vital to have written grievance procedures in place which give both you and the aggrieved employee a mechanism through which the grievance can be aired and, hopefully, resolved. Whilst many grievances can be and are resolved informally, those that cannot may be pursued formally by the employee. Written policies should make clear how formal grievances should be made and how grievance hearings will be handled, to protect both parties. If the employer mishandles a grievance, the compensation could be substantial and so it is advised expert advice is taken in such situations. What if a grievance is raised during a disciplinary case? In the course of a disciplinary process, an employee might raise a grievance that is related to the case. If this happens, the employer should consider suspending the disciplinary procedure for a short period while the grievance is dealt with or you may decide to deal with the grievance in parallel with the disciplinary process and hear the grievance before the disciplinary. Depending on the nature of the grievance, the employer may need to consider bringing in another manager to deal with the disciplinary process. In small organisations this may not be possible, and the existing manager should deal with the case as impartially as possible. Why have grievance procedures? Grievances are concerns, problems or complaints that employees raise with their employers. Grievance procedures are used by employers to deal with employees grievances. Grievance procedures allow employers to deal with grievances fairly, consistently and speedily. Employers must have procedures available to employees so that their grievances can be properly considered. Ensuring that people are treated fairly and reducing the scale of conflict are important factors in the creation of a productive working environment. Employers and employees should seek informally to resolve most matters that arise in the course of the working relationship. This approach helps minor concerns to be resolved speedily without the need to recourse to formal action. It also limits disruption to work and reduces any personal embarrassment in discussing issues of concern. This has advantages for all workplaces, particularly where there might be a close personal relationship between a manager and an employee. It also allows for problems to be resolved quickly. If a grievance cannot be settled informally, the employee should raise it formally with management. There is a statutory grievance procedure that employees must invoke if they wish subsequently to use the grievance as the basis of certain applications to an employment tribunal. HR ADVISORY BULLETIN 1 Page 6 of 9

7 Disciplinary and grievance procedures are essential when informal mechanisms are ineffective, or where they are inappropriate given the nature of the issue arising. These procedures can also help prevent unnecessary staff turnover and absenteeism, as well as avoiding costly and time-consuming tribunal cases. It is essential that those implementing these procedures have the necessary training and guidance to do so, in line not just with minimum legal obligations but also with the principles of fairness and natural justice reflected in the ACAS Code. Grievance Procedure Under the ACAS Code of Practice, employees should: Step One - Inform the employer of their grievance in writing. Step Two - Be invited by the employer to a meeting to discuss the grievance where the right to be accompanied will apply and be notified in writing of the decision. The employee must take all reasonable steps to attend this meeting. Step Three - Be given the right to an appeal meeting if they feel the grievance has not been satisfactorily resolved and be notified of the final decision. HR ADVISORY BULLETIN 1 Page 7 of 9

8 FLOW CHART OF THE DISCIPLINARY PROCESS Misconduct issue identified Initial Fact Finding Investigation Decision on Action Required Informal Investigation Formal Investigation No Action Required 1:1 meeting with manager Discussion on Action Final note of outcomes on personnel/ supervision file Formal Disciplinary Action Step 1: Inform employee and invite to meeting (hearing) Step 2: Hold meeting (hearing), confirm outcomes and right to appeal Step 3: Hold appeal meeting (hearing) and confirm outcomes HR ADVISORY BULLETIN 1 Page 8 of 9

9 CASE STUDY CASE 1: You come in on Tuesday morning to be told by another manager that two members of your team had a heated argument on their way out last night. Apparently Gary bought a car from Tony but is now refusing to pay all the money as he thinks there is something wrong with the car. Gary comes into work with a black eye. You ask him what happened and he said Tony punched him downstairs at reception. The incident has been reported to the police. Tony is due in soon, what action are you going to take? CONSIDER 1. Are you going to suspend? 2. Is this Gross Misconduct? 3. If someone is guilty of gross misconduct, will you take informal or formal disciplinary action? CASE 2: You dismiss someone during a Disciplinary Hearing and whilst you are confident of the decision you have made, you neglected to follow correct procedure and did not conduct an investigation prior to the hearing. The employee seeks advice from a solicitor. What can the employee claim against the company? CASE 3: Theresa Green works for Fred Thimble Makers Limited. Theresa has worked at the Company for three years as a Secretary/Receptionist. In the last year, she received a verbal warning following the disciplinary process for lateness. She received a written warning for being rude to a client after a disciplinary process. She received a final written warning again for lateness and a couple of weeks after receiving the final written warning she is late again. What action do you take? Can Theresa be dismissed? On what grounds? HR ADVISORY BULLETIN 1 Page 9 of 9

DISCIPLINE & GRIEVANCE WORKSHOP DECEMBER 2011

DISCIPLINE & GRIEVANCE WORKSHOP DECEMBER 2011 HELLO THERE! DISCIPLINE & GRIEVANCE WORKSHOP DECEMBER 2011 HELLO! Mark Mortimer MBE Human Resource Adviser Plymouth City Council Wendy Wood Assistant Human Resource Adviser Plymouth City Council TODAY

More information

MODEL DISCIPLINARY PROCEDURE FOR SMALL ORGANISATIONS

MODEL DISCIPLINARY PROCEDURE FOR SMALL ORGANISATIONS MODEL DISCIPLINARY PROCEDURE FOR SMALL ORGANISATIONS Employers should comply with the Acas Code of Practice for disciplinary and grievance procedures which can be downloaded from www.acas.org.uk/dgcode2009.

More information

Employment Guidance Note

Employment Guidance Note Call 01392 207020 employment@tozers.co.uk www.tozers.co.uk Employment Guidance Note Conducting Disciplinary Meetings The following information is merely an overview of some key elements of what is a complicated

More information

JOINT AGREEMENT ON GUIDANCE ON DISCIPLINARY PROCEDURES IN FURTHER EDUCATION COLLEGES

JOINT AGREEMENT ON GUIDANCE ON DISCIPLINARY PROCEDURES IN FURTHER EDUCATION COLLEGES JOINT AGREEMENT ON GUIDANCE ON DISCIPLINARY PROCEDURES IN FURTHER EDUCATION COLLEGES BETWEEN THE ASSOCIATION OF COLLEGES (AoC) AND ASSOCIATION FOR COLLEGE MANAGEMENT (ACM) ASSOCIATION OF TEACHERS & LECTURERS

More information

DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES. Guidance for employers

DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES. Guidance for employers DISCIPLINARY, DISMISSAL AND GRIEVANCE PROCEDURES Guidance for employers Contents Foreword...1 Chapter 1: Disciplinary and dismissal procedures...2 Communicating your disciplinary and grievance procedures...2

More information

Disciplinary Policy & Procedure. Version 2.0

Disciplinary Policy & Procedure. Version 2.0 Disciplinary Policy & Procedure Version 2.0 Date of Last Update: February 2015 Version Control Note: minor updates increase version number by 0.1, major updates increase version number by 1.0. Version

More information

DISCIPLINARY POLICY AND PROCEDURE

DISCIPLINARY POLICY AND PROCEDURE DISCIPLINARY POLICY AND PROCEDURE Content Policy statement 1. Principles 2. Standards 3. Disciplinary procedure 4. Investigation

More information

1.1. Matters must be dealt with fairly. This means:

1.1. Matters must be dealt with fairly. This means: Disciplinary Rules and Procedures The following is intended to provide a brief introduction to this subject. It explains some of the key basic ideas relating to disciplinary rules and procedures and should

More information

Information Sheet 9: Supervising your Staff

Information Sheet 9: Supervising your Staff Shaw Trust Direct Payments Support Services Information Sheet 9: Supervising your Staff Sheet Outline: Conducting an Appraisal interview Discipline and Grievances Outcome: To increase awareness of the

More information

Policy Group: Disputes Resolution. Disciplinary Procedure

Policy Group: Disputes Resolution. Disciplinary Procedure Policy Group: Disputes Resolution Disciplinary Procedure Issue details Title: Issue and version number: Officer/Panel Controlling Procedure: Authorisation Level: Authorisation Date: Agreed by SSCF SSDC

More information

Grievance. Informal Resolution? Identifying Grievances. Potential Claims. Verbal Grievances DISCIPLINE AND GRIEVANCE WORKSHOP

Grievance. Informal Resolution? Identifying Grievances. Potential Claims. Verbal Grievances DISCIPLINE AND GRIEVANCE WORKSHOP Grievance Any concern, problem or complaint that an employee raises with their employer DISCIPLINE AND GRIEVANCE WORKSHOP Why important? Staff morale Employment tribunal claims Constructive unfair dismissal

More information

HUMAN RESOURCES POLICIES AND PROCEDURES DISCIPLINARY. Date of Policy 1993 Date policy to be reviewed 09/2014

HUMAN RESOURCES POLICIES AND PROCEDURES DISCIPLINARY. Date of Policy 1993 Date policy to be reviewed 09/2014 HUMAN RESOURCES POLICIES AND PROCEDURES DISCIPLINARY Date of Policy 1993 Date policy to be reviewed 09/2014 Policy written by SFC/HR Risk Register Ref (s) HR7 Impact Assessed EDG Date Impact assessed 10/2012

More information

NOT PROTECTIVELY MARKED

NOT PROTECTIVELY MARKED PEOPLE AND ORGANISATIONAL DEVELOPMENT HUMAN RESOURCES DISCIPLINARY POLICY AND PROCEDURE Author/Role Fiona Munro, Human Resources Date of Risk Assessment (if applicable) N/A Date of Equality Impact Assessment

More information

This policy applies equally to all full time and part time employees on a permanent or fixed-term contract.

This policy applies equally to all full time and part time employees on a permanent or fixed-term contract. Discipline Policy 1. Introduction This policy set outs how Monitor will deal with employee conduct which falls below the expected standard. It is Monitor s aim to use the policy as a means of encouraging

More information

DISCIPLINARY POLICY & PROCEDURE FOR SCHOOL BASED STAFF

DISCIPLINARY POLICY & PROCEDURE FOR SCHOOL BASED STAFF DISCIPLINARY POLICY & PROCEDURE FOR SCHOOL BASED STAFF Based on Leeds City Council recommendations January 2012 1 CONTENTS 1. Introduction 2. Scope of the Procedure 3. Core Principles 4. Management of

More information

Disciplinary and grievance procedures Draft Acas Code of Practice

Disciplinary and grievance procedures Draft Acas Code of Practice Disciplinary and grievance procedures Draft Acas Code of Practice June 2004 This Code of Practice provides practical guidance to employers, workers and their representatives on: The statutory requirements

More information

JIB NATIONAL WORKING RULES 19 AND 20

JIB NATIONAL WORKING RULES 19 AND 20 JIB NATIONAL WORKING RULES 19 AND 20 19. DISCIPLINARY AND DISMISSAL PROCEDURE 19.1 INTRODUCTION For the avoidance of doubt, the term operative includes apprentice for the purpose of this Rule The behaviours

More information

Disciplinary procedure

Disciplinary procedure Disciplinary procedure At Dandelion Education we follow our legal obligations as an employer at all times including dealing with any disciplinary matter in a fair and consistent manner. We have a policy

More information

Z:\Committee\2015-16\PERSONNEL PANEL\2015-07-14\POLICIES\Discipline Procdure.doc

Z:\Committee\2015-16\PERSONNEL PANEL\2015-07-14\POLICIES\Discipline Procdure.doc DISCIPLINARY PROCEDURE 1. PURPOSE AND SCOPE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct whilst at work or representing the council.

More information

Disciplinary policy INTRODUCTION

Disciplinary policy INTRODUCTION Disciplinary policy This policy forms part of your contract of employment. The councils are entitled to introduce minor and non-fundamental changes to this policy by notifying you of these changes in writing

More information

Disciplinary Policy and Procedure

Disciplinary Policy and Procedure Disciplinary Policy and Procedure Policy The success of the University is dependent on its most important resource, its staff. It is therefore vital that all employees are encouraged to work to the best

More information

DISCIPLINARY POLICY AND PROCEDURES DISCIPLINARY POLICY AND PROCEDURE

DISCIPLINARY POLICY AND PROCEDURES DISCIPLINARY POLICY AND PROCEDURE DISCIPLINARY POLICY AND PROCEDURE Date: 5 May 2015 Approved: 3 June 2015 Review date: 22 April 2018 1 CONTENTS 1. INTRODUCTION 2. NOTES OF GUIDANCE Counselling General Principles Investigation Minor Matters

More information

Employees have the right to appeal against any disciplinary warnings and dismissal.

Employees have the right to appeal against any disciplinary warnings and dismissal. ST JUST IN PENWITH TOWN COUNCIL DISCIPLINARY PROCEDURES Introduction This procedure is designed to help and encourage all employees to achieve and maintain acceptable standards of conduct and job performance.

More information

DISCIPLINARY POLICY. APPROVED BY South Gloucestershire Clinical Commissioning Group Quality and Governance Committee

DISCIPLINARY POLICY. APPROVED BY South Gloucestershire Clinical Commissioning Group Quality and Governance Committee DISCIPLINARY POLICY APPROVED BY South Gloucestershire Clinical Commissioning Group Quality and Governance Committee December 2015 Date of Issue: December 2015 Version No: 2.0 Date of Review: November 2017

More information

Discipline and grievances at work. The Acas guide

Discipline and grievances at work. The Acas guide Discipline and grievances at work The Acas guide We inform, advise, train and work with you Every year Acas helps employers and employees from thousands of workplaces. That means we keep right up-to-date

More information

Discipline and grievances at work. The Acas guide

Discipline and grievances at work. The Acas guide Discipline and grievances at work The Acas guide Acas can help with your employment relations needs Every year Acas helps employers and employees from thousands of workplaces. That means we keep right

More information

Discipline and grievances at work. The Acas guide

Discipline and grievances at work. The Acas guide Discipline and grievances at work The Acas guide Acas can help with your employment relations needs Every year Acas helps employers and employees from thousands of workplaces. That means we keep right

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE OBJECTIVES AND GUIDING PRINCIPLES The objective of this procedure is to set out the standards of conduct expected of all staff and to provide a framework within which managers can work with employees to

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE Author: Julie Newnham Revised : August 2013 Review Date: August 2014 Students First DISCIPLINARY PROCEDURES 1 Scope and purpose 1.1 This procedure applies to all employees other

More information

Wotton-under-Edge Town Council

Wotton-under-Edge Town Council Wotton-under-Edge Town Council Disciplinary Procedure Adopted March 2015 1. PROCEDURE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct

More information

BARNTON PARISH COUNCIL (BPC)

BARNTON PARISH COUNCIL (BPC) Policy Title: Disciplinary & Grievance Policy Ref: BPC 008 Author: Philip Miskel Evoy & Lynn Gibbon Date: January 2013 Version 2 Review Date: January 2014 Introduction This policy is designed to ensure

More information

Know. Your. Rights. Understanding. grievances. www.worksmart.org.uk. and disciplinaries

Know. Your. Rights. Understanding. grievances. www.worksmart.org.uk. and disciplinaries Understanding Know Your Rights www.worksmart.org.uk grievances and disciplinaries Introduction Whatever job you do, you can run into problems at work. Sometimes these can be sorted out quickly by informal

More information

Disciplinary Procedures for Support Staff (covering unsatisfactory performance and misconduct)

Disciplinary Procedures for Support Staff (covering unsatisfactory performance and misconduct) Disciplinary Procedures for Support Staff (covering unsatisfactory performance and misconduct) 1. Introduction It is important that all members of staff are aware of the standards required of them at work

More information

3. MISCONDUCT and GROSS MISCONDUCT The following list provides examples of misconduct which will normally give rise to formal disciplinary action:

3. MISCONDUCT and GROSS MISCONDUCT The following list provides examples of misconduct which will normally give rise to formal disciplinary action: WISBOROUGH GREEN PARISH COUNCIL DISCIPLINARY PROCEDURE 1. PURPOSE AND SCOPE This procedure is designed to help and encourage all council employees to achieve and maintain high standards of conduct whilst

More information

Otley Town Council. Disciplinary Policy. Date Approved: 17 th February 2014 Revision Date:

Otley Town Council. Disciplinary Policy. Date Approved: 17 th February 2014 Revision Date: Otley Town Council Disciplinary Policy Date Approved: 17 th February 2014 Revision Date: OTLEY TOWN COUNCIL DISCIPLINARY POLICY 1.0 Introduction 1.1 This policy is based on and complies with the 2009 ACAS

More information

Date Amendments/Actions Next Compulsory Review Date

Date Amendments/Actions Next Compulsory Review Date CTC KINGSHURST ACADEMY STAFF DISCIPLINARY POLICY AND PROCEDURE POLICY REFERENCE: POL017S Policy History Policy Ref & Version Date Amendments/Actions Next Compulsory Review Date POL017S V1.0 1 st September

More information

DISCIPLINARY AND GRIEVANCE ARRANGEMENTS. the disciplinary process: how councils can deal with concerns about employee

DISCIPLINARY AND GRIEVANCE ARRANGEMENTS. the disciplinary process: how councils can deal with concerns about employee Legal Topic Note LTN 22 January 2013 DISCIPLINARY AND GRIEVANCE ARRANGEMENTS 1. This LTN provides guidance on: the disciplinary process: how councils can deal with concerns about employee misconduct or

More information

1. INTRODUCTION... 1 2. SCOPE... 1 3. ROLES AND RESPONSIBILITIES... 2 4. REPRESENTATION... 3 5. INVESTIGATIONS... 3 6. SUSPENSION...

1. INTRODUCTION... 1 2. SCOPE... 1 3. ROLES AND RESPONSIBILITIES... 2 4. REPRESENTATION... 3 5. INVESTIGATIONS... 3 6. SUSPENSION... The Skinners School Staff Disciplinary (Misconduct) Policy CONTENTS PAGE NO 1. INTRODUCTION... 1 2. SCOPE... 1 3. ROLES AND RESPONSIBILITIES... 2 4. REPRESENTATION... 3 5. INVESTIGATIONS... 3 6. SUSPENSION...

More information

Disciplinary Policy and Procedure

Disciplinary Policy and Procedure Disciplinary Policy and Procedure Policy 1. Purpose of the policy and procedure Disciplinary rules are important for the running of the University so that everyone understands what is expected of them

More information

DISCIPLINARY AND GRIEVANCE PROCEDURES CASH PAYMENT WRITTEN WARNING. We provide an overview of what employers should include in their procedures.

DISCIPLINARY AND GRIEVANCE PROCEDURES CASH PAYMENT WRITTEN WARNING. We provide an overview of what employers should include in their procedures. DISCIPLINARY AND GRIEVANCE PROCEDURES We provide an overview of what employers should include in their procedures. CASH PAYMENT Employers can dismiss an employee, even if they have not heard an outstanding

More information

Discipline. Managing People. VOIP 2000 - HR Direct Fife Council April 2015 1 DI02. P o l i c y a n d P r o c e d u r e. 1 Purpose and Scope

Discipline. Managing People. VOIP 2000 - HR Direct Fife Council April 2015 1 DI02. P o l i c y a n d P r o c e d u r e. 1 Purpose and Scope Discipline P o l i c y a n d P r o c e d u r e 1 Purpose and Scope This procedure is designed to help and encourage all employees to achieve and maintain standards of conduct. This procedure applies to

More information

Staff Disciplinary and Dismissal Policy and Procedure January 2011

Staff Disciplinary and Dismissal Policy and Procedure January 2011 Staff Disciplinary and Dismissal Policy and Procedure January 2011 Staff Disciplinary and Dismissal Policy and Procedure Contents Section Page No. 1. Policy statement 2 2. Purpose and scope 2 Informal

More information

NHS North Somerset Clinical Commissioning Group. HR Policies Managing Discipline

NHS North Somerset Clinical Commissioning Group. HR Policies Managing Discipline NHS North Somerset Clinical Commissioning Group HR Policies Managing Discipline Approved by: Quality and Assurance Group Ratification date: May 2013 Review date: May 2016 1 Contents 1 Policy Statement...

More information

PROCEDURE Police Staff Discipline. Number: C 0901 Date Published: 9 May 2013

PROCEDURE Police Staff Discipline. Number: C 0901 Date Published: 9 May 2013 1.0 Summary of Changes Amendments to the 1 st bullet point of section 4.5 and the 3 rd, 4 th, 6 th and 7 th bullet point in section 4.8 have been made. Section 4.9 has been removed as the content is now

More information

Grievance, Whistle blowing and Disciplinary, including Dismissals

Grievance, Whistle blowing and Disciplinary, including Dismissals eastsussex.gov.uk Grievance, Whistle blowing and Disciplinary, including Dismissals This document will provide you with information on Grievance, Whistle blowing and Disciplinary procedures, including

More information

Discipline and Dismissal

Discipline and Dismissal Discipline and Dismissal Donna Ingleby Ed Jenneson Topics for today's briefing: Planning and Compulsory Purchase Act 2004 Capability Procedure Grievance Procedure The ACAS Code 1 Unfair Dismissal The Start

More information

The employee is responsible for adhering to the standards of performance and behaviour set by Nansen Highland.

The employee is responsible for adhering to the standards of performance and behaviour set by Nansen Highland. Disciplinary and dismissal procedure Introduction The disciplinary policy complies with the ACAS statutory Code of Practice on discipline and grievance. The policy aims to ensure that all employees are

More information

LEC SUPPORT SERVICES & TRAINING WING BRITISH FORCES GERMANY. LEC NOTICE No 41 DEPENDANT EMPLOYEE DISCIPLINARY AND APPEAL PROCEDURES

LEC SUPPORT SERVICES & TRAINING WING BRITISH FORCES GERMANY. LEC NOTICE No 41 DEPENDANT EMPLOYEE DISCIPLINARY AND APPEAL PROCEDURES LEC SUPPORT SERVICES & TRAINING WING BRITISH FORCES GERMANY LEC NOTICE No 41 Revised 18 Jun 14 DEPENDANT EMPLOYEE DISCIPLINARY AND APPEAL PROCEDURES General 1. The disciplinary procedure is designed to

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE This procedure accompanies Woking Mind disciplinary policy Document History Version Date Drafted by Authorised by Reason for revision This policy was approved on 10/08/2011 and will

More information

Broomley and Stocksfield Parish Council

Broomley and Stocksfield Parish Council 1. PURPOSE AND SCOPE DISCIPLINARY PROCEDURE This procedure is designed to help and encourage all Council employees to achieve and maintain high standards of conduct whilst at work or representing the Council.

More information

STAFF DISCIPLINE, CONDUCT AND GRIEVANCE PROCEDURE

STAFF DISCIPLINE, CONDUCT AND GRIEVANCE PROCEDURE STAFF DISCIPLINE, CONDUCT AND GRIEVANCE PROCEDURE 1. Introduction Disciplinary issues arise when problems of conduct or capability are identified by the employer and management seeks to address them through

More information

DISCIPLINARY PROCEDURE 1 POLICY STATEMENT & SCOPE

DISCIPLINARY PROCEDURE 1 POLICY STATEMENT & SCOPE DISCIPLINARY PROCEDURE 1 POLICY STATEMENT & SCOPE 1.1 The College aims wherever possible to resolve informally matters of potentially unsatisfactory conduct, attendance or poor performance, without resorting

More information

Disciplinary Policy for Schools

Disciplinary Policy for Schools for Schools 2 July 2014 Contents 1 Introduction... 1 1.1 What is the policy about?... 1 1.2 Who does the policy apply to?... 1 1.3 Core Principles... 1 1.3.1 Misconduct... 1 1.3.2 Gross misconduct... 2

More information

Disciplinary Procedure

Disciplinary Procedure Disciplinary Procedure Table of Contents 1. Purpose... 2 2. Scope... 2 3. Policy... 2 4. Forms/Instructions... 12 5. Links/Dependencies... 12 6. Appendices... 12 Appendix 1: Examples of misconduct likely

More information

March 2015 Code of Practice 1 CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES

March 2015 Code of Practice 1 CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES March 2015 Code of Practice 1 CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES Published by TSO (The Stationery Office) and available from: Online www.tsoshop.co.uk Mail, Telephone, Fax & E-mail

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DORCHESTER TOWN COUNCIL STAFF DOCUMENTS SERIES DISCIPLINARY PROCEDURE DORCHESTER TOWN COUNCIL DISCIPLINARY PROCEDURE 1. Introduction 1.1 This procedure forms part of the local conditions of service for

More information

NEWMAN UNIVERSITY DISCIPLINARY POLICY AND PROCEDURE

NEWMAN UNIVERSITY DISCIPLINARY POLICY AND PROCEDURE 1. Scope and Purpose NEWMAN UNIVERSITY DISCIPLINARY POLICY AND PROCEDURE 1.1 Newman University [hereafter referred to as the University] recognises disciplinary rules and procedures are necessary for the

More information

BOROUGHBRIDGE TOWN COUNCIL S DISCIPLINARY AND GRIEVANCE POLICY

BOROUGHBRIDGE TOWN COUNCIL S DISCIPLINARY AND GRIEVANCE POLICY BOROUGHBRIDGE TOWN COUNCIL S DISCIPLINARY AND GRIEVANCE POLICY 1 HALL SQUARE, BOROUGHBRIDGE, NORTH YORKSHIRE, YO51 9AN www.boroughbridge.org.uk info@boroughbridge.org.uk Tel: 01423 322956 BOROUGHBRIDGE

More information

CROWTHORNE PARISH COUNCIL DISCIPLINARY PROCEDURE. Adopted by Council - 5 November 2013. Table of Contents

CROWTHORNE PARISH COUNCIL DISCIPLINARY PROCEDURE. Adopted by Council - 5 November 2013. Table of Contents CROWTHORNE PARISH COUNCIL DISCIPLINARY PROCEDURE Adopted by Council - 5 November 2013 Table of Contents 1 PURPOSE AND SCOPE:... 2 2 PRINCIPLES:... 2 3 THE PROCEDURE FOR MISCONDUCT AND GROSS MISCONDUCT:...

More information

Riccall Pre-school Staff Disciplinary Procedure

Riccall Pre-school Staff Disciplinary Procedure Riccall Pre-school Staff Disciplinary Procedure Staff Management and Development It is important that staff are managed well from the beginning, to benefit the setting as a whole and the staff themselves.

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE May 2012 1 Introduction The Disciplinary Procedure applies to all SESTRAN employees. Its main aims are to promote fairness, equity and order in the treatment of individuals and in

More information

Little Stoke Primary School

Little Stoke Primary School Little Stoke Primary School A Model Disciplinary Procedure for Staff Employed in Locally Managed Schools This Policy complies with the ACAS Code of Practice and ACAS Guide to Discipline and Grievances

More information

There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee.

There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee. Dismissal Procedures There have been many changes to employment law and regulations over the years. A key area is the freedom or lack of freedom to dismiss an employee. An employee s employment can be

More information

Disciplinary and Grievance Policy

Disciplinary and Grievance Policy United Biscuits UK Ltd Disciplinary and Grievance Policy June 2015 Contents 1. Introduction... 3 2. Disciplinary Policy... 3 2.1. Aims of Policy... 3 2.2. Responsibilities... 3 2.3. Legal Framework within

More information

SEN15-P69b 24 June 2015. University Ordinances

SEN15-P69b 24 June 2015. University Ordinances SEN15-P69b 24 June 2015 University Ordinances Ordinance XXXV Staff Disciplinary Policy and Procedure (Version effective from 27 November 2014) This ordinance shall apply to all staff to whom paragraph

More information

Human Resources Author: Lou Hassen Version: 1 Review Date: Dec 2012 Page 1 of 7. Trinity Academy Disciplinary Policy

Human Resources Author: Lou Hassen Version: 1 Review Date: Dec 2012 Page 1 of 7. Trinity Academy Disciplinary Policy Page 1 of 7 Trinity Academy Disciplinary Policy Policy Statement The purpose of the Disciplinary Procedure is to give staff members every opportunity to improve standards of behaviour and conduct and to

More information

ADVICE FROM THE HEADTEACHERS' ADVISORY PANEL GUIDELINES FOR HEAD TEACHER MEMBERS DISCIPLINARY PROCEDURES

ADVICE FROM THE HEADTEACHERS' ADVISORY PANEL GUIDELINES FOR HEAD TEACHER MEMBERS DISCIPLINARY PROCEDURES ADVICE FROM THE HEADTEACHERS' ADVISORY PANEL GUIDELINES FOR HEAD TEACHER MEMBERS DISCIPLINARY PROCEDURES DISCIPLINARY PROCEDURES 1. General The purpose of this booklet is to provide guidelines for Head

More information

RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES

RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES RESOLVING DISPUTES AT WORK: New procedures for discipline and grievances A GUIDE FOR EMPLOYEES This guide tells you about new rights and procedures you must follow if you have a grievance in work are facing

More information

Grievance Policy and Procedure

Grievance Policy and Procedure Grievance Policy and Procedure Page 1 Grievance Policy and Procedure Policy ref no: HR012-14 Author (inc job Judith Champion, Senior HR Business Partner title) Date Approved May 2014 Approved by Quality

More information

LOCAL DISCIPLINARY PROCEDURE

LOCAL DISCIPLINARY PROCEDURE LOCAL DISCIPLINARY PROCEDURE 1 2 LOCAL DISCIPLINARY PROCEDURE 1. Introduction... 4 2. Aims and objectives... 4 3. The procedure... 4 4. Officers responsible for taking disciplinary action are as follows...

More information

Glasgow Kelvin College. Disciplinary Policy and Procedure

Glasgow Kelvin College. Disciplinary Policy and Procedure Appendix 1 Glasgow Kelvin College Disciplinary Policy and Procedure Document Control Information Status: Responsibility for Document and its implementation Responsibility for document review: Current version

More information

INVESTIGATING COMPLAINTS AND ALLEGATIONS AGAINST EMPLOYEES POLICY AND PROCEDURE

INVESTIGATING COMPLAINTS AND ALLEGATIONS AGAINST EMPLOYEES POLICY AND PROCEDURE INVESTIGATING COMPLAINTS AND ALLEGATIONS AGAINST EMPLOYEES POLICY AND PROCEDURE APPROVED BY: South Gloucestershire Clinical Commissioning Group Quality and Governance Committee DATE 12.02.2014 Date of

More information

Hazel Cottage Studio Weston-on-the-Green. Hazel Cottage Studio Weston-on-the-Green OX25 3QX OX25 3QX BRIEFING

Hazel Cottage Studio Weston-on-the-Green. Hazel Cottage Studio Weston-on-the-Green OX25 3QX OX25 3QX BRIEFING ! BRIEFING All Change Repeal of the Statutory Dispute Resolution Procedures in April 2009 Introduction This note examines the effect of the repeal of the statutory disciplinary and grievance procedures,

More information

ROYAL HOLLOWAY University of London. DISCIPLINARY POLICY AND PROCEDURE (for all staff other than academic teaching staff)

ROYAL HOLLOWAY University of London. DISCIPLINARY POLICY AND PROCEDURE (for all staff other than academic teaching staff) APPROVED BY COUNCIL September 2002 ROYAL HOLLOWAY University of London DISCIPLINARY POLICY AND PROCEDURE (for all staff other than academic teaching staff) Disciplinary Policy and Procedure September 2002

More information

Local Disciplinary Policy

Local Disciplinary Policy DOCUMENT INFORMATION Origination/author: Judith Coslett, Head of Human Resources This document replaces: Local Disciplinary and Dismissal Procedure 05 Date/detail of consultation: Staff Forum and Unison

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE INTRODUCTION These procedures are compliant with the ACAS code of practice and are designed to help and encourage staff at Pilgrims Hospice to achieve and maintain required standards

More information

CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES

CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES CODE OF PRACTICE ON DISCIPLINARY AND GRIEVANCE PROCEDURES ADVISORY CONCILIATION AND ARBITRATION SERVICE MAY 2000 CONTENTS Page Preamble...3 Introduction...4 Section 1 - Disciplinary practice and procedures

More information

RESEARCH COUNCIL DISCIPLINARY POLICY

RESEARCH COUNCIL DISCIPLINARY POLICY Management Guidance This document provides additional guidance for managers, employees and HR in the handling of disciplinary issues. It includes the Research Council s Disciplinary policy and procedure

More information

DISCIPLINARY PROCEDURE

DISCIPLINARY PROCEDURE DISCIPLINARY PROCEDURE 1. Purpose and Scope 1.1 The Company s procedure is designed to help and encourage all workers to achieve and maintain standards of conduct, attendance and job performance. The Company

More information

Document Name Disciplinary Policy Accountable Body RADIUS Trust Reference HR.P2 Date Ratified 13 th August 2015 Version 1.5 Last Update August 2015

Document Name Disciplinary Policy Accountable Body RADIUS Trust Reference HR.P2 Date Ratified 13 th August 2015 Version 1.5 Last Update August 2015 Category Human Resources Document Name Disciplinary Policy Accountable Body RADIUS Trust Reference HR.P2 Date Ratified 13 th August 2015 Version 1.5 Last Update August 2015 Related Documents Name Support

More information

Disciplinary and Performance Management Policy & Procedure October 2010

Disciplinary and Performance Management Policy & Procedure October 2010 Disciplinary and Performance Management Policy & Procedure October 2010 Policy control Reference Disciplinary & Performance Management Policy & Procedure Date approved 18 October 2010 Approving Bodies

More information

Disciplinary and dismissal procedures for school staff

Disciplinary and dismissal procedures for school staff Revised guidance for governing bodies Guidance Welsh Assembly Government Circular Date of issue: procedures for school staff Audience Overview Action required Further information Additional copies Governing

More information

POLICE AND CRIME COMMISSIONER for ESSEX STAFF DISCIPLINARY PROCEDURE

POLICE AND CRIME COMMISSIONER for ESSEX STAFF DISCIPLINARY PROCEDURE POLICE AND CRIME COMMISSIONER for ESSEX STAFF DISCIPLINARY PROCEDURE DOCUMENT INFORMATION Document status and version Version 1.0 Written By J Drewett Authorised By C Garbett Published November 2012 Review

More information

Policy C11 Staff Disciplinary Policy and Procedure

Policy C11 Staff Disciplinary Policy and Procedure Policy C11 Staff Disciplinary Policy and Procedure Providing a Clear Framework to Help Promote Good Employment Relations Disciplinary rules and procedures provide guidance to employees on the standards

More information

NATIONAL JOINT COUNCIL FOR STAFF IN SIXTH FORM COLLEGES

NATIONAL JOINT COUNCIL FOR STAFF IN SIXTH FORM COLLEGES NATIONAL JOINT COUNCIL FOR STAFF IN SIXTH FORM COLLEGES Disciplinary Procedure 1 1.1 Introduction This procedure provides guidance on disciplinary issues. The procedure is endorsed by the National Joint

More information

Employment law solicitors

Employment law solicitors Employment law solicitors At Millbank solicitors we are dedicated to providing prompt and practical employment advice to both employers and employees. Our expert lawyers appreciate and understand the ever

More information

DISCIPLINE (Ordinance Policy)

DISCIPLINE (Ordinance Policy) UNIVERSITY OF LEICESTER ORDINANCE DISCIPLINE (Ordinance Policy) For use in: For use by: Owner All Divisions/Schools/Departments/Colleges of the University All University employees Staffing Policy Committee

More information

This procedure applies where formal disciplinary action is commenced on or after 11 December 2013

This procedure applies where formal disciplinary action is commenced on or after 11 December 2013 Appendix X Disciplinary Procedure This procedure applies where formal disciplinary action is commenced on or after 11 December 2013 1 Purpose 1.1 This procedure is designed to help and encourage all employees

More information

Disciplinary Policy and Procedure

Disciplinary Policy and Procedure Disciplinary Policy and Procedure Providing a Clear Framework to Help Promote Good Employment Relations Disciplinary rules and procedures provide guidance to employees on the standards and conduct expected

More information

Employment Law Guide

Employment Law Guide Employment Law Guide Settlement Agreements (Formally known as Compromise Agreements) See the separate guide. Unfair Dismissal Length of employment Employees can only bring a claim for ordinary unfair dismissal

More information

A FREE GUIDE TO CONDUCTING DISCIPLINARIES. Are you are stuggling to effectively implement disciplinary actions? Then read on...

A FREE GUIDE TO CONDUCTING DISCIPLINARIES. Are you are stuggling to effectively implement disciplinary actions? Then read on... A FREE GUIDE TO CONDUCTING DISCIPLINARIES Are you are stuggling to effectively implement disciplinary actions? Then read on... In this ebook, we will talk you through the common mistakes that employers

More information

DISCIPLINE RUTLAND. limited by guarantee. Registered in England and Wales.

DISCIPLINE RUTLAND. limited by guarantee. Registered in England and Wales. DISCIPLINE POLICY FOR STAFF OCTOBER 2014 HARINGTON SCHOOL RUTLAND office@haringtonschool.com www. haringtonschool.com Harington School. Registered Company Number 9031174. Company limited by guarantee.

More information

Disciplinary Policy, Procedure and Rules

Disciplinary Policy, Procedure and Rules Disciplinary Policy, Procedure and Rules HR Policy review 2005 Probationary Procedure Version 25 Final 17/04/08 1 Table of contents: The Policy 4 Aim of the Process 4 Sub-Standard Conduct 4 Key Principles

More information

BUCKINGHAMSHIRE COUNTY COUNCIL SCHOOLS GRIEVANCE POLICY AND PROCEDURE

BUCKINGHAMSHIRE COUNTY COUNCIL SCHOOLS GRIEVANCE POLICY AND PROCEDURE BUCKINGHAMSHIRE COUNTY COUNCIL SCHOOLS GRIEVANCE POLICY AND PROCEDURE Version 2 Page 1 of 16 Revised June 2012 BUCKINGHAMSHIRE COUNTY COUNCIL GRIEVANCE POLICY AND PROCEDURE FOR SCHOOLS 1. Introduction

More information

mooren@methodistchurch.org.uk Sushila Jetha, HR & Development Manager jethas@methodistchurch.org.uk 69/2. The Council adopts the Grievance Policy.

mooren@methodistchurch.org.uk Sushila Jetha, HR & Development Manager jethas@methodistchurch.org.uk 69/2. The Council adopts the Grievance Policy. Disciplinary and Grievance Policies MC/15/69 Contact Name and Details Status of Paper Action Required Draft Resolution Alternative Options Summary of Content Subject and Aims Nick Moore, Head of Support

More information

Disciplinary and Dismissals Policy

Disciplinary and Dismissals Policy Policy Purpose/statement/reason for being Disciplinary and Dismissals Policy E.G - MIP is designed to strengthen the effectiveness of individual s contribution to the Council s success. Purpose The Disciplinary

More information

HEADLANDS PRIMARY SCHOOL GRIEVANCE POLICY

HEADLANDS PRIMARY SCHOOL GRIEVANCE POLICY HEADLANDS PRIMARY SCHOOL GRIEVANCE POLICY GRIEVANCE POLICY Persons Responsible: Headteacher, Personnel Governors. Review Date: May 2014 Distribution: Web Page: Governors and staff. www.headlandsprimary.co.uk

More information

Staff Disciplinary Procedure. 1. Principles

Staff Disciplinary Procedure. 1. Principles Staff Disciplinary Procedure 1. Principles This procedure is to help ensure consistent and fair treatment for all staff and to ensure compliance with natural justice. The supervisor/manager will make preliminary

More information

DISCIPLINARY MISCONDUCT PROCEDURE

DISCIPLINARY MISCONDUCT PROCEDURE DISCIPLINARY MISCONDUCT PROCEDURE Updated October 2007 Staff Disciplinary Procedure (Misconduct) INDEX Section Contents Page No. 1 Introduction 2 2 Scope 3 3 Roles & responsibilities 4 4 Representation

More information

Walsall Children s Services. Disciplinary Policy and Procedure. 1. Introduction

Walsall Children s Services. Disciplinary Policy and Procedure. 1. Introduction Walsall Children s Services Disciplinary Policy and Procedure 1. Introduction 1.1 This procedure applies to all permanent, fixed term and temporary school based employees, it does not apply to contractors,

More information