Disciplinary and dismissal procedures for school staff

Save this PDF as:
 WORD  PNG  TXT  JPG

Size: px
Start display at page:

Download "Disciplinary and dismissal procedures for school staff"

Transcription

1 Revised guidance for governing bodies Guidance Welsh Assembly Government Circular Date of issue:

2 procedures for school staff Audience Overview Action required Further information Additional copies Governing bodies of maintained schools in Wales; local authorities (LAs), school staff unions and diocesan authorities. This document offers revised guidance to schools, governing bodies, LAs and school staff unions on the management of the conduct and discipline of staff at the school, including allegations involving issues of child protection. It includes a model procedure in Annex I which it is recommended that governing bodies adopt. All governing bodies must have regard to this guidance when reviewing and implementing their staff disciplinary procedures. Local authorities, governing bodies and headteachers must have regard to this guidance in relation to schools agreed staff disciplinary dismissal procedures. Governing bodies should seek advice about staff disciplinary matters from their local authority governor support officer. Advice may also be obtained from Governors Wales helpline (tel: ; Enquiries about this guidance should be sent to: Schools Management and Effectiveness Division Department for Children, Education, Lifelong Learning and Skills Welsh Assembly Government Cathays Park Cardiff CF10 3NQ Tel: This document can be accessed from the Welsh Assembly Government website at Status of This circular guidance replaces Staff Disciplinary Procedures document in Schools National Assembly for Wales Circular No: 45/2004 and three letters about independent investigation of allegations of a child protection nature as noted below: (i) investigation of child protection allegations against school staff (9 November 2006) (ii) appointment of an independent investigator by school governing bodies for school staff disciplinary proceedings involving child protection allegations (30 March 2007) (iii) investigation of child protection allegations against school staff by independent investigators (30 August 2007). Ref: CAD/GM/0171 ISBN: WAG Crown copyright 2011

3 Contents Section 1: Introduction 4 Section 2: The legal framework 8 Community, community special, voluntary controlled and maintained nursery schools which fall under Part 2 of the Staffing of Maintained Schools (Wales) Regulations 2006 Voluntary aided, foundation schools and foundation special schools which fall under Part 3 of the Staffing of Maintained Schools (Wales) Regulations 2006 School staff employed by the LA School staff employed by an agency Section 3: Training on staff disciplinary procedures 13 Section 4: Fair procedures and impartiality 15 Fair penalties Section 5: The staff disciplinary and dismissal and staff disciplinary and dismissal appeals committees 18 Review of membership and remit of the committees Section 6: Role of the chair of governors 20 Section 7: Lesser misconduct 21 First stage informal procedure investigation Hearing with the headteacher or chair of governors (in respect of the headteacher) Informal action or notice to improve Second stage formal action Warning periods Appeals against formal action Allegations of lesser misconduct against the headteacher Consideration under procedures for gross misconduct Section 8: Gross misconduct 27 Involvement of the governing body Allegations of gross misconduct against the headteacher Allegations of criminal behaviour to be referred to the police Investigation by the police Action by the governing body 1

4 Section 9: Stages of the procedure for considering allegations of gross misconduct 31 Receipt of allegation of gross misconduct The investigation Conduct of the investigation Interviewing the member of staff Interviewing witnesses Record of interviews Outcome of investigation for allegations other than child protection Section 10: Procedures for handling child protection allegations 37 Receipt of allegation Referral to the statutory authorities Referral for independent investigation Appointment of an independent investigator for child protection allegations against school staff The role of the investigator Sharing of information The investigation Appointment of independent non-governor member on staff disciplinary and dismissal committee and staff disciplinary and dismissal appeals committee If the allegation is withdrawn Anonymous allegations Malicious/false allegations Section 11: Disciplinary hearing 46 Provision of written documents Attendance and advice of chief education officer and diocesan representative Attendance and advice of headteacher Role of the presenting officer Role of the committee chair Role of committee members Role of the companion or union representative Role of the clerk to the committee Hearing procedure Decision reached after the hearing has taken place Disciplinary hearing appeal Absence due to illness Resignation of a member of staff Review 2

5 Section 12: Suspension 55 Use of suspension Suspension interview Section 13: General issues 58 Governing body access to information Governing body access to independent advice Written records of proceedings (including records of governing body meetings) Annex A: Matters outside the scope of the staff disciplinary procedures 62 Annex B1: Examples of lesser misconduct behaviour 65 Annex B2: Examples of gross misconduct behaviour 66 Annex C: Guidance and other documents relevant to staff disciplinary procedures 68 Annex D: Supply of information 72 Annex E: Flow chart for lesser misconduct and gross misconduct 74 Annex F: Suggested timescales for hearings (in working days) 76 Annex G: Checklist for disciplinary hearings 79 Annex H: Independent Investigation Service 80 Annex I: Model staff disciplinary procedure for maintained schools 81 3

6 Section 1: Introduction 1.1 This document provides advice and guidance on a range of issues that form part of the school staff disciplinary/dismissal process, including: the legal framework the constitution, membership and establishment of the staff disciplinary and dismissal committee and the staff disciplinary and dismissal appeals committee procedures for dealing with lesser and gross misconduct allegations and behaviour procedures for dealing with allegations that involve issues of child protection including independent investigation investigation of allegations use of suspension conduct of disciplinary/dismissal proceedings the appeal process if required governing body action when a staff member resigns governing body access to information and independent advice governing body training notification under the Education (Supply of Information) (Wales) Regulations 2009 for all staff dismissals a model staff disciplinary procedure in Annex I. 1.2 The Acas Code of Practice 1 Disciplinary and grievance procedures 1 points out that disciplinary procedures are necessary for promoting orderly employment relations and achieving fairness and consistency in the treatment of individuals and to minimise disagreements about disciplinary matters. The Acas Code encourages the agreement of disciplinary procedures between employers and employee representatives, so that they become part of contracts of employment. 4 1

7 1.3 The following matters may still need to be delegated to a staff disciplinary and dismissal committee if the matter will result in dismissal. Nevertheless, they are outside the scope of this guidance. a) Where employment is terminated: (i) because of redundancy (ii) because a temporary or fixed-term contract ends 2. b) Where any deficiencies in performance on the part of the staff member arise from a lack of aptitude or skill, the capability procedure should be used. c) Staff grievances, unless action under the staff grievance procedure results in the need for disciplinary action also. d) Termination during or at the end of a probationary period, whether or not extended beyond its originally specified duration 3. Refer to Annex A for further information about matters outside the scope of this guidance. 1.4 A school governing body is required to adopt procedures to regulate the conduct and discipline of all staff at the school which includes teachers, support staff such as teaching assistants, office staff, caretakers, laboratory technicians and learning support assistants, and any other member of staff who is paid from the school s delegated budget. However, this does not include agency staff, staff employed by a private contractor, staff whose contract of employment is held by another body, and local authority school meals staff. These are outside the scope of these procedures. The governing body is required to establish two committees, namely a staff disciplinary and dismissal committee and a staff disciplinary and dismissal appeals committee. 2 The Government of Maintained Schools (Wales) Regulations 2005 regulation 55(1)(i) states that a decision to terminate the employment of any person employed by the local authority to work at the must be delegated to the staff disciplinary and dismissal committee. 3 The Government of Maintained Schools (Wales) Regulations 2005 regulation 55(1)(ii) states at a foundation, voluntary aided or foundation special school, the initial decision that a person employed to work at the school should have his or her contract of employment with the governing body terminated or should not have his or her contract renewed (except where the dismissal is pursuant to a direction of local education authority under section 55(5) of the 1998 Act. This function must be delegated to a committee known as the staff disciplinary and dismissal committee. 5

8 1.5 The purpose of this guidance is to provide advice to governing bodies and headteachers on handling staff disciplinary matters in relation to conduct issues. This guidance also includes a model staff disciplinary and dismissal procedure at Annex I. It is not possible to address every eventuality which may arise and this guidance is not a substitute for legal or other advice relevant to individual circumstances. In accordance with sections 35 and 36 of the Education Act 2002, governing bodies must have regard to this guidance and the model staff disciplinary and dismissal procedure The Welsh Assembly Government therefore expects all LAs and schools to review, in consultation with the recognised trade union representatives, their agreed disciplinary/dismissal policy and procedure against the guidance in this document on receipt of this guidance. In the event of a challenge to any part of the disciplinary process, a governing body will need to be able to demonstrate that it has had regard to this guidance and has either followed it and adopted the model procedure or amended their own staff procedure to take account of this guidance, or has a sound justification for not doing so. It is also recommended that the governing body also have regard to the Acas Code of Practice 1 Disciplinary and grievance procedures. 1.7 The Welsh Assembly Government acknowledges that all LAs have model disciplinary procedures in place and recognises that there are differences between them. This guidance and model procedure will provide a consistent and coherent approach to staff disciplinary issues in schools across Wales. If a governing body chooses to follow policies or procedures provided by another party such as the local authority or a diocesan authority, it must formally adopt such procedures as its own. This decision must be recorded in the minutes of the governing body. The governing body should also be able to demonstrate that it has had regard to this guidance even if it does not adopt the model procedure in Annex I. 1.8 Once the governing body has agreed to formally adopt a staff disciplinary/dismissal procedure, it becomes the governing body s responsibility to ensure compliance with the procedure and with statutory regulations in Wales. Governing bodies should therefore carefully consider the contents of such a procedure to ensure that it is suitable to meet the needs of the school, before formally adopting it. Consultation on any alternative procedure must take place, in good time, prior to formal adoption, with relevant parties and recognised trade unions.

9 1.9 As a matter of good practice governing bodies should regularly review their policies and procedures. The trade unions recognised by the LA and the governing body must be consulted in good time on any proposed changes to existing staff disciplinary procedures or guidance The principles of natural justice and the requirements of employment mean that the disciplinary procedures the governing body has adopted must be made known to all staff and must be clear and detailed. This is to ensure that all parties know what the arrangements are and to reduce the risk of bias or unfairness. 7

10 Section 2: The legal framework 2.1 The main legal provisions relating to staffing, disciplinary and conduct matters are contained in: the Employment Rights Act 1996 the Employment Relations Act 1999 sections of the Education Act 2002 the Staffing of Maintained Schools (Wales) Regulations (referred to as the 2006 staffing regulations in this document) the Staffing of Maintained Schools (Miscellaneous Amendments) (Wales) Regulations ; (referred to the 2007 staffing amendment regulations ) the Government of Maintained Schools (Wales) Regulations (referred to as the 2005 school government regulations ). 2.2 The 2005 school government regulations require governing bodies to establish a staff disciplinary and dismissal committee and a staff disciplinary and dismissal appeals committee. The function of the staff disciplinary and dismissal committee is to determine whether a person should cease to work at the school or have their contract of employment terminated or not renewed, and to hear representations in relation to that. The function of the staff disciplinary and dismissal appeals committee is to hear appeals in respect of such decisions. Both committees must be clerked in accordance with the school government regulations. Wherever possible, the clerk to the governing body should clerk the disciplinary and dismissal committees unless, due to the sensitive nature of disciplinary proceedings, the governing body wish to appoint a clerk who is not a member of staff at the school. Whoever is clerk should be discrete, competent and trained. Further information on the role of the clerk can be found in Section 11, paragraphs Given that disciplinary proceedings do not always result in dismissal, the two statutory committees operate respectively as a staff disciplinary and dismissal committee and a disciplinary and dismissal appeals committee, and are referred to in this guidance by those titles (Regulation 55)

11 2.3 In accordance with the 2006 staffing regulations and the 2007 amending staffing regulations, governing bodies are responsible for the conduct and discipline of school staff. Regulation 7 of the 2006 staffing regulations states that the regulation of conduct and discipline in the school is the responsibility of the governing body. Sections 35(7) and 36(7) of the Education Act 2002 state that if a school does not have a delegated budget then staff disciplinary/dismissal issues are the responsibility of the LA who are also required to have a procedure in place for dealing with staff disciplinary/dismissal matters. 2.4 The governing body must also delegate responsibility for considering appeals against decisions of the staff disciplinary and dismissal committee to a separate disciplinary and dismissal appeals committee 8. The disciplinary and dismissal appeals committee will also hear appeals against decisions made by the headteacher in lesser misconduct cases. 2.5 Each committee must be made up of at least three governors. The disciplinary and dismissal appeals committee cannot have fewer governors than the staff disciplinary and dismissal committee. The same persons must not be members of both committees. Further information on tainting can be found in Section 5 (paragraphs ) and Section 13 (paragraphs ). 2.6 The headteacher cannot be a member of any committee or appeals committee dealing with staff disciplinary or dismissal matters, although the headteacher can attend meetings and disciplinary hearings to give advice, present the case against the member of staff or give evidence. The headteacher cannot attend any meetings or hearings if the subject of the allegation or a witness For allegations that involve issues of child protection against a member of the school staff which may lead to disciplinary proceedings, the 2006 staffing regulations introduced two additional requirements for governing bodies: the governing body must appoint an independent investigator the membership of the staff disciplinary and dismissal committee and the disciplinary and dismissal appeals committee must include at least two governors and an independent non-governor member with voting rights. The membership of the committees must not overlap. Further information on handling child protection allegations can be found in Section (Regulation 55(2)) 9 An associate pupil governor may not attend any meetings or hearings of either committee. 9

12 2.8 In exceptional circumstances, for gross misconduct matters that do not involve child protection issues, independent non-governors may be members of either committee but they cannot vote in any of the proceedings 10. Community, community special, voluntary controlled and maintained nursery schools which fall under Part 2 of the Staffing of Maintained Schools (Wales) Regulations The LA is the employer of staff in community, community special, voluntary controlled and maintained nursery schools, but governing bodies of these schools are also to be treated as the employer of staff in respect of certain employment functions where the school has a delegated budget 11. In addition, if there is a claim for unfair dismissal the governing body will be the respondent and not the LA Where schools have a delegated budget both the governing body and the headteacher have the power to suspend staff, but only the governing body can end a suspension 12. If the governing body ends a suspension it must immediately inform the LA. Where the governing body has determined that a member of staff employed to work at the school should cease to work there, they must notify the LA in writing of its decision and the reasons for it. The governing body must give the member of staff the opportunity of appealing against their decision to dismiss them before notifying the LA of its decision. If the member of staff concerned works solely at the school and does not resign or appeal the LA must, within 14 days of receiving notification from the school, give that person notice terminating their contract of employment as required under the contract, or terminate the contract without notice if the circumstances of the members of staff s conduct make it appropriate to do so. If the member of staff is not employed solely to work at the school, the LA must require the member of staff to cease to work at the school (Regulation 54(7) and 54(8)). 11 (Part 2). 12 (Regulation 16) and Section 12 (concerning suspension) of this guidance.

13 2.11 For schools that do not have a delegated budget the LA is responsible for suspension, staff discipline and dismissal in accordance with Part 1 of Schedule 2 to the Education Act This means that the 2006 staffing regulations, which establishes a framework for staffing matters, and the 2007 staffing amendment regulations do not apply to staff at these schools. This includes the requirements for an independent investigator and a non-governor member of the staff disciplinary and dismissal committee with voting rights, to be appointed for child protection allegations considered to be gross misconduct. Voluntary aided, foundation schools and foundation special schools which fall under Part 3 of the Staffing of Maintained Schools (Wales) Regulations The governing body is the employer of most staff in foundation and voluntary aided schools, and is therefore responsible for the conduct and discipline of the staff employed to work at the school. Regulations of the 2006 staffing regulations sets out the framework for suspension and staff disciplinary and dismissal arrangements at such schools. Governing bodies of these schools are also required to appoint an independent investigator and a non-governor member (who has voting rights) to the staff disciplinary and dismissal committee and the disciplinary and dismissal appeals committee, for all allegations that involve issues of child protection. These must be different persons In accordance with the 2006 staffing regulations, the governing body must also establish disciplinary rules and procedures and make these known to members of staff. Both the governing body and the headteacher have the power to suspend any person employed to work at the school (whether or not he or she is employed by the governing body) but only the governing body can end a suspension (Regulation 28) and Section 12 on Suspension in this guidance. 11

14 School staff employed by the LA 2.14 Where the LA directly employs staff to work at a school, such as school meals staff or agency staff, the LA is responsible for the discipline, suspension and dismissal of such staff 14. Before exercising any of these functions, the authority must consult the governing body of the school at which the member of staff concerned works to such extent as the authority thinks fit If a gross misconduct allegation is made against one of these members of staff, the following should happen: the matter should be reported to the LA the headteacher should consider whether the member of staff should leave the school premises the LA should be informed that the individual is no longer required to work in the school. The school will need to provide the LA with their reasons for taking this decision the LA must inform the governing body of the school at which the member of staff works before carrying out any suspension or disciplinary/dismissal action. School staff employed by an agency 2.16 Where an agency directly employs staff to work at a school, the process to be followed is indicated in paragraphs above (Regulation 18).

15 Section 3: Training on staff disciplinary procedures 3.1 Disciplinary matters must be handled in accordance with the law and the principles of natural justice. Cases can be extremely complex. Governors who are members of the staff disciplinary/dismissal and disciplinary and dismissal appeals committees can feel very vulnerable when dealing with staff disciplinary matters, especially where the outcome may possibly result in a member of staff being dismissed. 3.2 All governors should undertake timely and relevant training on staff disciplinary matters. Governors who are members of the staff disciplinary/dismissal and disciplinary and dismissal appeals committee should also receive refresher training in more detail, when they have been made aware that they will have to deal with a disciplinary matter. Clerks to governing bodies, headteachers and staff should be included in this training. 3.3 By law, LAs are required to provide training for governors free of charge on a range of issues which will help them discharge their functions and responsibilities effectively, but only so far as it seems fit. It is very likely therefore that your LA will already have a training programme in place covering staff disciplinary issues. Governors should contact their LA for details. 3.4 Training for governors, clerks, headteachers and staff should cover: relevant legislation, i.e. employment and education legislation, Acas Code of Practice 1 Disciplinary and grievance procedures, equal opportunities legislation, DDA requirements, data protection, Freedom of Information requests and case law essential features and principles of effective and fair governing body procedures how to carry out an investigation conduct of a disciplinary interview or hearing skills and techniques for questioning confidentiality impartiality child protection matters whistleblowing 13

16 record keeping notification to the Independent Safeguarding Authority and the General Teaching Council for Wales where appropriate. 3.5 Governing bodies should ensure that members of disciplinary/dismissal or disciplinary and dismissal appeals committees who have not been trained, receive timely training. Waiting until a disciplinary case arises is too late and may cause unnecessary delays in the disciplinary process. 14

17 Section 4: Fair procedures and impartiality 4.1 The governing body must reach decisions in a procedurally fair way. A person against whom allegations are made has the right to a fair hearing. Accordingly the headteacher, chair of governors and governing body must follow the procedures they have adopted. Under any procedures the initial letter informing the member of staff that disciplinary action is to be taken should: inform them of the allegations against them at the earliest opportunity, and provide any supporting evidence state the possible sanctions that could apply if the allegation is upheld state the member of staff s rights under the terms of the school s staff disciplinary procedure, including the right to representation provide opportunity for the member of staff to obtain their own advice and representation to enable them to prepare their response to the allegations and for any disciplinary hearing include details of membership of the staff disciplinary/dismissal and disciplinary and dismissal appeals committees and afford opportunity to object to any member of either committee on the basis of evidence that calls into question their ability to act impartially in the circumstances of the case noting the reasons why. 4.2 Members of the committees must be impartial and independent from external pressures or influence and must address the issues impartially and independently giving due proper and equal consideration to the representations from all parties 15. Under regulation 63(2) of the school government regulations 16 a governor must declare any interests they may have and withdraw from the meeting without voting if there is a conflict of interest or reasonable doubts about their ability to act impartially, or if they have a pecuniary interest. Where there is dispute about these matters the other governors present at the committee must vote to decide the issue (regulation 63(5) applies). 4.3 No governor must take part in deciding appeals against their own decisions. Accordingly, regulation 55(6) of the 2005 school government regulations 17 prohibits members of the staff disciplinary and dismissal committee from taking part in the proceedings of the disciplinary and dismissal appeals committee. 15 The Seven Nolan Principles of public life (Regulation 63(2)). 17 (Regulation 55(6)). 15

18 4.4 Cases should only be discussed by members of the staff disciplinary/dismissal and disciplinary and dismissal appeals committees as part of the proceedings of those committees. When the chair reports progress on a staff disciplinary matter to the governing body, the report could generate questions from governors and subsequent discussion. Should this happen the chair should stop the discussion immediately. Members of the governing body must at all times treat all information they receive relating to allegations against members of staff with the utmost confidentiality. 4.5 Other governors who have knowledge of the evidence or potential evidence must not discuss the case with fellow governors. If any of the members of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeals committee were involved in such a discussion, they could be subject to a claim that they were prejudiced or tainted because they had formed a view in advance, and were consequently unable to approach the matter with an open mind. This could potentially lead to a claim for unfair dismissal being upheld by an Employment Tribunal. 4.6 In addition to the statutory requirements on governing bodies outlined above, the whole disciplinary process must seem to be fair, reasonable and give expression to the principles of natural justice, to ensure that the staff disciplinary and dismissal committee s consideration and final assessment of the facts is considered, reasonable and justified. A fair process also helps to safeguard the member of staff in what will invariably be a stressful time for the person concerned. 4.7 The principles of natural justice demand that decisions should be taken in an impartial and balanced way after taking into account all available information, including representations from the member of staff and their union representative, witnesses and witness statement(s) and the person presenting the case against the member of staff (refer to Section 5 paragraphs and Section 13 paragraphs for additional information on tainting). 16 Fair penalties 4.8 It is recommended that governors and headteachers consider Discipline and grievances at work: The ACAS guide. For ease of reference the text from pages follows.

19 When deciding whether a disciplinary penalty is appropriate and what form it should take, consideration should be given to: whether the rules of the organisation indicate what the likely penalty will be as a result of the particular misconduct the penalty imposed in similar cases in the past whether standards of other employees are acceptable, and that this employee is not being unfairly singled out the employee s disciplinary record (including current warnings), general work record, work experience, position and length of service any special circumstances which might make it appropriate to adjust the severity of the penalty whether the proposed penalty is reasonable in view of all the circumstances whether any training, additional support or adjustments to the work are necessary. It should be clear what the normal organisational practice is for dealing with the kind of misconduct or unsatisfactory performance under consideration. This does not mean that similar offences will always call for the same disciplinary action: each case must be looked at on its own merits and any relevant circumstances taken into account. Such relevant circumstances may include health or domestic problems, provocation, justifiable ignorance of the rule or standard involved or inconsistent treatment in the past. 17

20 18 Section 5: The staff disciplinary and dismissal and disciplinary and dismissal appeals committees Review of membership and remit of the committees 5.1 Governing bodies should establish and review the membership of their committees at least annually. It is good practice for this to be done at the first governing body meeting of the school year. The names of the governors identified to be members of both committees should be recorded in the governing body minutes. Membership of these committees also needs to be checked at the start of each case so that any governor who is tainted is replaced. Examples of where a governor may be tainted include where the governor: is the subject of the allegation(s) under consideration is related to the member of staff against whom an allegation of misconduct has been made or has a close relationship with any of the parties involved has a pecuniary interest has demonstrated that they cannot fulfil their role impartially, e.g. has been a member of the disciplinary and dismissal committee that heard the original complaint which is now the subject of an appeal, or has indicated that they have predetermined the matter is a person who instigates the allegation. 5.2 If the member of staff facing disciplinary action or their union representative can demonstrate that there are reasonable doubts about the impartiality of a member of either committee, the governing body should replace the governor, unless there are other overriding considerations. Refer to Section 13 (paragraphs ) for more information. 5.3 Knowledge that an allegation has been made and knowledge of the nature of that allegation does not affect impartiality provided a governor does not hear or read any of the evidence other than as part of the hearing arrangements. The governing body and individual governors must take great care not to discuss a disciplinary case. Cases should only be discussed by members of the staff disciplinary/ dismissal and disciplinary/dismissal appeal committees as part of the proceedings of those committees. Other governors who have knowledge of the evidence or potential evidence must take care not to discuss the case with fellow governors. If any of the members of the staff disciplinary/dismissal committee or the staff disciplinary and dismissal appeals committees were involved in such a discussion,

21 they could be subject to a claim that they were prejudiced or tainted because they had formed a view in advance and were consequently unable to approach the matter with an open mind. This could potentially lead to a claim for unfair dismissal by a dismissed member of staff being upheld by an Employment Tribunal. 5.4 Where other governors have to be identified to replace any of those initially agreed by the governing body, this decision must be taken by the whole governing body. This could result in the governing body being called together quickly, using the emergency procedures, in order to avoid delays in the disciplinary process. The 2005 school government regulations do not permit the selection of these governors to be delegated to an individual, i.e. the chair or the headteacher, or to a committee. 5.5 There are alternative arrangements that governing bodies may wish to consider putting in place to cater for such an eventuality. Governing bodies could identify reserve governor members, in a priority order, at the time the committees are set up to cater for such an eventuality, i.e. conflicts of interests, illness and holiday commitments. This would allow the chair or clerk to contact replacement governors in a priority order. Alternatively, the governing body could decide that if any member of the staff disciplinary and dismissal committee is tainted and unable to act, the governors identified to be the disciplinary and dismissal appeals committee should take over the role of the staff disciplinary and dismissal committee (provided they are not tainted). This could provide sufficient time for the governing body to identify governors for the appeals committee. 5.6 Governing bodies must make alternative arrangements clear as part of the school s agreed staff disciplinary procedure. Where these alternative arrangements have to be implemented all parties should be immediately informed and given the reasons. 5.7 The opportunity can be taken when reviewing the membership of the committees to review and confirm or amend the disciplinary procedures adopted by the governing body. If the governing body considers that the disciplinary procedure requires amendment it must consult the relevant trade unions, the LA and, if appropriate, the diocesan authority in good time before making any amendments. (Refer to Section 1 for further information.) 19

22 Section 6: Role of the chair of governors 6.1 The chair of governors should not normally sit on either the disciplinary and dismissal committee or the disciplinary and dismissal appeals committee, as it is possible that they could have prior knowledge which could lead them to form a judgement on the case. For example it would be usual for a headteacher to inform the chair of governors that a gross misconduct allegation had been made against a member of staff and that the governing body s staff disciplinary and dismissal committee would need to meet. This may well generate a discussion between the headteacher and the chair of governors which could taint the chair. 6.2 If the governing body decides that the chair should be a member of the staff disciplinary and dismissal committee or the disciplinary and dismissal appeals committee (because of their expertise, etc.) this should be clearly written in the staff disciplinary procedure, and another governor (not involved in either committee) must be nominated to act as chair in respect of that allegation. This role is usually undertaken by the vice chair. 6.3 The chair of governors, with the headteacher, would receive the report from the investigators in gross misconduct cases and decide on the action to take in respect of allegations against a member of staff. If the allegation is against the headteacher, the chair of governors and another governor will receive the investigator s report and decide on the course of action to take. For any gross misconduct and child protection cases, if the headteacher and the chair of governors (or the chair of governors and another governor in respect of allegations against the headteacher) cannot agree on receipt of the investigating report then it goes to disciplinary and dismissal committee hearing. 20

23 Section 7: Lesser misconduct 7.1 A school s disciplinary procedure will usually identify the responsibility for disciplinary matters where the alleged misconduct could constitute lesser misconduct to the headteacher (where the outcome following investigation could be the issuing of a warning rather than dismissal). The governing body s disciplinary procedure needs to contain appropriate delegation arrangements. Paragraph 7.26 includes advice about dealing with lesser misconduct allegations made against the headteacher. 7.2 Annex B1 includes a list of suggested behaviours that are considered to be lesser misconduct. This is not an exhaustive list and is provided for illustrative purposes only. 7.3 Annex F provides suggested timescales in relation to lesser misconduct matters. 7.4 There will be occasions when it is appropriate for a member of staff s conduct to be discussed with that member of staff as part of normal supervisory arrangements and without recourse to the formal procedures. In these circumstances the member of staff will be given guidance and support from their line manager. 7.5 The member of staff should be informed that if the discussions fail to produce the necessary improvement the formal procedure may have to be invoked (refer to paragraphs for further information. First stage informal procedure investigation 7.6 An investigation will take place and should be undertaken by someone other than the person who may be required to take informal action/formal action. This may be a member of the senior management team or another independent person (as appropriate). The extent of the investigation will depend on the seriousness of the allegation. The investigation will include gathering evidence such as receipt of documentation, interviewing witnesses (as appropriate) and producing a report. The investigation must look for evidence both for and against the allegation made. Contact details of an LA adviser should be given to the person carrying out the investigation. Further information on the investigation process can be found in Section 9 paragraphs An investigation will not necessarily result in disciplinary action, and this should be made clear to all parties. 21

24 7.7 The member of staff should be informed in writing of the following information in advance of the meeting to discuss the allegation (providing the release of this information does not compromise or place a member of staff or pupils in a difficult situation). The member of staff and their representative should have adequate time to prepare for it: the date, time and purpose of the meeting the nature of the allegation(s) together with any supporting documents the right to be accompanied by a companion 18, or a representative of the member of staff s trade union. 7.8 At the meeting, the member of staff must have the opportunity to answer allegations made, and present their evidence before any decision is reached. A contemporaneous record should be made of the meeting. A copy of the record should be provided to the member of staff for amendment and/or agreement. 7.9 Once the investigation has been concluded, the investigating officer will present the findings to the headteacher (or the chair of governors in respect of the headteacher). This should be done as soon as practicable after the conclusion of the investigation. The headteacher or chair of governors may conclude that: no further action will be taken matters can be dealt with under the informal procedure (refer to paragraphs for further information) there appears to be sufficient information for a formal disciplinary hearing with the headteacher to be conducted there appears to be sufficient information for a formal disciplinary hearing with the staff disciplinary and dismissal committee to be conducted Where dismissal could result because a member of staff is currently on a final written warning, the case must be referred to the staff disciplinary and dismissal committee A companion may be a fellow worker, a trade union representative or an official employed by a trade union see Code of Practice 1 Disciplinary and grievance procedures (Acas, 2009). Relevant case law applies: G v. the Governors of X School and Kulkarni v. Milton Keynes Hospital NHS Foundation Trust.

25 Hearing with the headteacher or chair of governors (in respect of the headteacher) 7.11 A hearing will take place with the headteacher (or the chair of governors or another independent person, as appropriate, in respect of the headteacher). The member of staff should be informed in writing of the following information (providing the release of this information does not compromise or place a member of staff or a pupil in a difficult situation): the date and time of the hearing the nature of the allegation(s) together with any supporting documents the names of any witnesses to be called if appropriate the right to be accompanied by a companion 19, or a representative of the member of staff s trade union the possible outcome of the hearing. The member of staff should have adequate time to prepare for it, as should their representative. Informal action or notice to improve 7.12 Following the hearing, the headteacher (or chair of governors in respect of the headteacher) will determine whether matters can be dealt with by giving advice, coaching or issuing an informal warning as appropriate. However, this may be delegated to a member of the senior management team Such advice, instruction or managerial strategies are not part of formal disciplinary procedures. Line managers need to ensure that problems are discussed in order to encourage and help members of staff to improve. The member of staff needs to understand what they need to do in relation to their conduct in question; how conduct will be monitored and reviewed and over what period; and that formal action might be taken if there is a recurrence of the conduct in question. The school should be careful so that informal action does not turn into formal disciplinary action, as this may unintentionally deny the employee certain rights such as the right to be accompanied. 19 A companion may be a fellow worker, a trade union representative or an official employed by a trade union see Code of Practice 1 Disciplinary and grievance procedures (Acas, 2009). Relevant case law applies: G v. the Governors of X School and Kulkarni v. Milton Keynes Hospital NHS Foundation Trust. 23

26 Second stage formal action 7.14 Where the headteacher (or chair of governors in respect of the headteacher) considers that the behaviour of the member of staff justifies more formal action, or the member of staff has failed to respond to informal action, or the outcome of the hearing has concluded that an allegation should be considered as lesser misconduct, allegations can usually be dealt with by means of a formal warning The decision should be given to the member of staff in writing after the hearing. The warning must be for a fixed period of time that is expressly stated in the warning itself. Where specific improvements are required these need to be detailed. A report of the warning should be placed on the member of staff s personal file and the member of staff given a copy. A copy must also be provided to the chief education officer of the LA that maintains the school. The member of staff s acknowledgement of the warning and any observations on it should also form part of the record. The right to appeal and the procedure for appeal should be detailed in the outcome letter. If the warning notice is not a final warning, the employee should be told that a final warning may be considered if the misconduct continues In the event of a further allegation or allegation of a more serious nature, consideration may need to be given to a formal written warning or a final written warning. Such warnings are given in the form of a letter to the member of staff with a copy placed on the member of staff s personal file. A copy of the letter is also provided to the chief education officer for staff employed in community, community special and voluntary controlled schools. The member of staff s acknowledgement of the warning, together with any written observations on it, should also be added to the member of staff s personal file A warning is described as a final warning when it is made clear to the member of staff that failure to address the behaviour in question will lead to further consideration of the matter under the governing body s procedure A warning that will be placed on the worker s record see page 26 of Discipline and grievance at work: The ACAS guide at

27 7.18 The procedure needs to provide that where a formal warning is given the member of staff should be informed of. the action needed on their part to avoid any further disciplinary sanction the consequences of any failure to take necessary action their right of appeal against a warning. Warning periods 7.19 Warnings should be expunged from the staff member s file after a specified period. Suitable periods would be: oral warning 3 months first written warning 6 months final written warning 12 months It is important however, to note that the duration of the warning can vary according to the nature of the offence and the nature of the required improvement Expunged warnings should be disregarded in any future disciplinary proceedings. Appeals against formal action 7.22 The disciplinary procedures adopted by the school should provide for a member of staff to appeal against a formal warning. The disciplinary and dismissal appeals committee would hear any appeal. The procedure should set a time limit for notification by the member of staff to the clerk to the disciplinary and dismissal appeals committee of the intention to, and reasons for, appeal. The reasons for the appeal would have to be given at this stage The disciplinary and dismissal appeals committee should hear the appeal. The member of staff should be informed in writing of the date and time of the appeal in advance (refer to Annex F for suggested timescales to follow There may need to be flexibility with timescales where there is a large amount of paperwork involved, subject to mutual agreement. 25

28 7.25 The procedure to be followed should be the same as that set out in Section 11 paragraphs in relation to cases considered by the disciplinary and dismissal appeals committee. The disciplinary and dismissal appeals committee cannot impose a more severe penalty than that imposed by the headteacher. Allegations of lesser misconduct against the headteacher 7.26 If an allegation amounting to lesser misconduct is made against the headteacher, the school s procedures need to provide for the matter to be brought to the attention of the chair of governors. The chair would need to act in accordance with the arrangements set out in the school s staff disciplinary procedure as informed by the guidance in paragraphs The chair of governors should, where possible, arrange for any investigation to be carried out externally, i.e. by the LA, diocesan authority or an independent person. While a person appointed under these circumstances would be independent, they would not be an independent investigator appointed within the terms of the Welsh Assembly Government s Independent Investigation Service (WAGIIS) for child protection allegations. Consideration under procedures for gross misconduct 7.27 If at the end of an investigation the headteacher or other senior manager concludes that disciplinary action for gross misconduct may be justified, they should inform the member of staff at the end of the meeting and confirm in writing that the matter is being referred to the governing body staff disciplinary and dismissal committee for their consideration. 26

Disciplinary and dismissal procedures for school staff

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

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

Cyngor Sir Powys County Council. Disciplinary Procedure for Teachers

Cyngor Sir Powys County Council. Disciplinary Procedure for Teachers Cyngor Sir Powys County Council Disciplinary Procedure for Teachers Contents Page 1. Introduction 3 2. Applying the Disciplinary Procedure 4 3. Governing Body Committees 5 4. Investigations 5 5. Investigation

More information

This policy has been created using the WBC Model Policy Version December 2013.

This policy has been created using the WBC Model Policy Version December 2013. POLICY TITLE: REVISED: January 2013 NEXT REVIEW DATE: Autumn / 2015 APPROVED BY COMMITTEE: Full Governing Body This policy has been created using the WBC Model Policy Version December 2013. Principles

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

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

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

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

Greenhead College. Discipline and Grievance. (Senior Postholders) reviewed 02/15

Greenhead College. Discipline and Grievance. (Senior Postholders) reviewed 02/15 Greenhead College Discipline and Grievance (Senior Postholders) reviewed 02/15 1 GRIEVANCE PROCEDURE FOR SENIOR POSTHOLDERS: GUIDANCE 1. If a Senior Postholder has a grievance relating to her/his employment

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

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

SUPPORT STAFF DISCIPLINARY AND DISMISSAL PROCEDURE

SUPPORT STAFF DISCIPLINARY AND DISMISSAL PROCEDURE SUPPORT STAFF DISCIPLINARY AND DISMISSAL PROCEDURE SUPPORT STAFF DISCIPLINARY AND DISMISSAL PROCEDURE 1. INTRODUCTION 1.1 The Procedure has been established to help and encourage members of staff to achieve

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

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

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

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

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

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

Guidance on managing staff employment in schools. This guidance is intended for: Governors Head Teachers Local Authorities

Guidance on managing staff employment in schools. This guidance is intended for: Governors Head Teachers Local Authorities Guidance on managing staff employment in schools This guidance is intended for: Governors Head Teachers Local Authorities Contents Chapter 1: Introduction 06 Chapter 2: Delegation of authority by the

More information

Safeguarding children in education: handling allegations of abuse against teachers and other staff

Safeguarding children in education: handling allegations of abuse against teachers and other staff Safeguarding children in education: handling allegations of abuse against teachers and other staff Guidance for local authorities, headteachers, school staff, governing bodies and proprietors of independent

More information

LNCT. circular 12. Code of Discipline for Teachers: Disciplinary and Appeals Procedure 3. PRINCIPLES 1. INTRODUCTION 2. AIMS

LNCT. circular 12. Code of Discipline for Teachers: Disciplinary and Appeals Procedure 3. PRINCIPLES 1. INTRODUCTION 2. AIMS LNCT Local Negotiating Committee for Teachers December 2014 circular 12 IMPLEMENTING A TEACHING PROFESSION FOR THE 21ST CENTURY Code of Discipline for Teachers: Disciplinary and Appeals Procedure 1. INTRODUCTION

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

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

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

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

CONDUCT & DISCIPLINE POLICY & PROCEDURE

CONDUCT & DISCIPLINE POLICY & PROCEDURE CONDUCT & DISCIPLINE POLICY & PROCEDURE This policy and procedure is a copy of BCC s Conduct and Discipline (3 rd May 2014). Audience All Staff & Governors Date for renewal/updates/review May 2017 Named

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

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

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 Approved by: Date of approval: November 2014 Originator: Helen Garfield, Chief Executive Officer Policy Area Human Resources Aim and Scope of Procedure The main aim of this procedure is to assist staff

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

Newcastle University disciplinary procedure

Newcastle University disciplinary procedure Newcastle University disciplinary procedure Contents 1. INTRODUCTION... 1 2. RIGHT OF REPRESENTATION... 3 3. TRADE UNION REPRESENTATIVES... 3 4. SCHEDULING OF FORMAL MEETINGS AND APPEALS... 3 5. INVESTIGATION...

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

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

POLICIES AND PROCEDURES DISCIPLINARY POLICY

POLICIES AND PROCEDURES DISCIPLINARY POLICY POLICIES AND PROCEDURES DISCIPLINARY POLICY Date Approved Version Issue Date Review Lead Person by Trust Board Date 27 Sept 2011 Three 01/10/2011 30/09/13 Head of Personnel Procedure/Policy Number PP08

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 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

NETHERAVON ALL SAINTS CE PRIMARY SCHOOL

NETHERAVON ALL SAINTS CE PRIMARY SCHOOL NETHERAVON ALL SAINTS CE PRIMARY SCHOOL DISCIPLINARY PROCEDURE FOR ACADEMY TEACHING AND SUPPORT STAFF Adopted by Netheravon All Saints Academy Trust on 23/9/15 Signed (Chair of Governors): 1 Index Section

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

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

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

DISCIPLINARY POLICY AND PROCEDURE

DISCIPLINARY POLICY AND PROCEDURE DISCIPLINARY POLICY AND PROCEDURE Date of Publication: April 2013 Agreed by: Vice Chancellor s Executive March 2013 Page 1 of 13 Policy 1.0 Introduction The purpose of the disciplinary policy and procedure

More information

Employment Policies, Procedures & Guidelines for Schools

Employment Policies, Procedures & Guidelines for Schools DEALING WITH ALLEGATIONS OF ABUSE AGAINST TEACHERS, OTHER STAFF AND VOLUNTEERS GUIDANCE FOR LOCAL AUTHORITIES, HEAD TEACHERS, SCHOOL STAFF AND GOVERNING BODIES March 2012 1 ABOUT THIS GUIDANCE This is

More information

Disciplinary Procedure

Disciplinary Procedure Disciplinary Procedure Date : March 2015 Written by: R2 HR Adopted by MAT Board: 08/12/15 Adopted by LGB: Next review date: September 2016 Consulted with NJCC: March September 2015 Agreed with NJCC October

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

Disciplinary Policy & Guidance

Disciplinary Policy & Guidance Disciplinary Policy & Guidance Adopted from Wokingham Borough Council s Model Policy. The document has been annotated as follows where responsibility is held at both levels: Wokingham Borough Council (Winnersh

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

Staff Disciplinary Policy

Staff Disciplinary Policy St Crispin's School Policy Staff Disciplinary Policy Version Date Changes or reason for Update Date Approved Number Created V1 1999 First Issue 1999 V2 04/ 2005 New Issue from the LEA 04/2005 V3 02/2007

More information

Teacher appraisal and capability. A model policy for schools

Teacher appraisal and capability. A model policy for schools Teacher appraisal and capability A model policy for schools May 2012 Contents Introduction 3 Model policy for appraising teacher performance and dealing with capability issues 5 Purpose 5 Application of

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

EDUCATION HUMAN RESOURCES AND GOVERNOR SUPPORT SERVICE WHISTLEBLOWING POLICY FOR SCHOOL STAFF. abcde

EDUCATION HUMAN RESOURCES AND GOVERNOR SUPPORT SERVICE WHISTLEBLOWING POLICY FOR SCHOOL STAFF. abcde EDUCATION HUMAN RESOURCES AND GOVERNOR SUPPORT SERVICE WHISTLEBLOWING POLICY FOR SCHOOL STAFF abcde March 2008 1 1. Introduction 1.1 Whistleblowing has been defined as: the disclosure by an employee or

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

Disciplinary Procedure

Disciplinary Procedure Disciplinary Procedure Human Resources 1 Introduction The University is committed to supporting its staff in carrying out their responsibilities within an environment which encourages productive, safe

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 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

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

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

Performance management for headteachers

Performance management for headteachers Performance management for headteachers Revised performance management arrangements 2012 Guidance Guidance document no: 074/2012 Date of issue: May 2012 Performance management for headteachers Audience

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

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

TEACHER CAPABILITY POLICY Guidelines and Procedural Document

TEACHER CAPABILITY POLICY Guidelines and Procedural Document Human Resources Manual for Schools TEACHER CAPABILITY POLICY Guidelines and Procedural Document 1. Purpose This policy applies only to teachers or head teachers about whose performance there are concerns

More information

Dealing with Allegations of Abuse Against Staff in Schools. Practice Guidance

Dealing with Allegations of Abuse Against Staff in Schools. Practice Guidance Dealing with Allegations of Abuse Against Staff in Schools Practice Guidance About this guidance This is statutory guidance from the Department for Education. Schools and colleges must have regard to it

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

CONTENTS SECTION PAGE Appendices

CONTENTS SECTION PAGE Appendices 1 CONTENTS SECTION PAGE Introduction 3 Purpose 4 Developing Systemic Change 5 Initial Steps 5 Investigation 6 Criminal Proceedings 6 Allegations of Child Abuse 7 Suspension from Duty 10 The Role of the

More information

NHS WALES. Local Health Boards DISCIPLINARY PROCEDURE AND RULES

NHS WALES. Local Health Boards DISCIPLINARY PROCEDURE AND RULES NHS WALES Local Health Boards DISCIPLINARY PROCEDURE AND RULES 1. POLICY STATEMENT 1.1 It is the policy of Local Health Boards to promote good employment relations between them and their staff. Consequently

More information

Capability procedures for teachers

Capability procedures for teachers Guidance Teachers & Staffing Capability procedures for teachers Governors LEAs and Church Authorities Status: Statutory Date of issue: July 2000 Ref: DfEE 0125/2000 Overview Governing bodies must by law

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 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 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

PLUMBING INDUSTRY LICENSING SCHEME (SCOTLAND AND NORTHERN IRELAND) DUTIES OF A LICENSED BUSINESS

PLUMBING INDUSTRY LICENSING SCHEME (SCOTLAND AND NORTHERN IRELAND) DUTIES OF A LICENSED BUSINESS PLUMBING INDUSTRY LICENSING SCHEME (SCOTLAND AND NORTHERN IRELAND) DUTIES OF A LICENSED BUSINESS January 2010 INTRODUCTION This document has been prepared to provide Licensed Business with a guide to their

More information

PERFORMANCE MANAGEMENT PROCEDURE

PERFORMANCE MANAGEMENT PROCEDURE Human Resources Unit name goes here PERFORMANCE MANAGEMENT PROCEDURE 1. About this procedure 1.1 The primary aim of this procedure is to provide a framework within which managers can work with employees

More information

DISCIPLINARY PROCEDURE TEACHING STAFF

DISCIPLINARY PROCEDURE TEACHING STAFF policies updated/ Disc Proc Teach Staff 300512 1. INTRODUCTION DISCIPLINARY PROCEDURE TEACHING STAFF 1.1 Disciplinary rules and procedures are necessary for promoting orderly employment relations as well

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

Disciplinary Procedure for Employees of the Health Service Executive

Disciplinary Procedure for Employees of the Health Service Executive Disciplinary Procedure for Employees of the Health Service Executive January 2007 Contents 1. Introduction 1 2. Purpose ot the Disciplinary Procedure 2 3. Principles 3 4. Pre Procedure Informal Counselling

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

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

HR ADVISORY BULLETIN 1. Discipline & Grievance

HR ADVISORY BULLETIN 1. Discipline & Grievance HR ADVISORY BULLETIN 1 Discipline & Grievance V1 January 2012 Protect DISCLAIMER The information contained within this pamphlet is for guidance only. The purpose of this pamphlet is to provide information

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

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

In this Disciplinary Policy and Procedure, unless the context otherwise requires, the following expressions shall have the following meanings:

In this Disciplinary Policy and Procedure, unless the context otherwise requires, the following expressions shall have the following meanings: DEFINITIONS In this Disciplinary Policy and Procedure, unless the context otherwise requires, the following expressions shall have the following meanings: i. Diocesan Schools Commission means the education

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

Schools Capability Policy, Procedure and Toolkit for Teaching Staff

Schools Capability Policy, Procedure and Toolkit for Teaching Staff Schools Capability Policy, Procedure and Toolkit for Teaching Staff 1 April 2013 Please think before printing this document. Where printing is necessary, please ensure that it is printed double sided and

More information

Sickness Absence Management Policy and Procedure

Sickness Absence Management Policy and Procedure Sickness Absence Management Policy and Procedure September 2012 SICKNESS ABSENCE MANAGEMENT & POLICY & PROCEDURE POLICY STATEMENT 1. Purpose and Core Principles 1.1 Leeds Metropolitan University aims to

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

Staff Investigation Protocol

Staff Investigation Protocol Version: 3.0 Document author(s): Stuart Selkirk Approved by: Executive Partnership Forum Date approved: 17 July 2014 Review date: 30 September 2016 Document scope: Trust-wide Version History Log Use this

More information

Fairness at Work (Grievance Policy & Procedure)

Fairness at Work (Grievance Policy & Procedure) Fairness at Work (Grievance Policy & Procedure) Publication Scheme Y/N Department of Origin Policy Holder Author Related Documents Can be Published on Force Website HR Operations Head of HR Operations

More information

Employment Policies, Procedures & Guidelines for Schools

Employment Policies, Procedures & Guidelines for Schools DEALING WITH ALLEGATIONS OF ABUSE AGAINST TEACHERS, OTHER STAFF AND VOLUNTEERS GUIDANCE FOR LOCAL AUTHORITIES, HEAD TEACHERS, SCHOOL STAFF AND GOVERNING BODIES July 2014 1 ABOUT THIS GUIDANCE This is statutory

More information

STAFF DISCIPLINARY PROCEDURE

STAFF DISCIPLINARY PROCEDURE STAFF DISCIPLINARY PROCEDURE Current document may be accessed under the policies tab at: www.warblington.hants.sch.uk Document Control Baseline Document Comments/ Scheduled Review Date Action/ Reviewed

More information

High Peak CVS Disciplinary Policy and Procedure

High Peak CVS Disciplinary Policy and Procedure High Peak CVS Disciplinary Policy and Procedure The effectiveness and credibility of HIGH PEAK CVS and its employees is dependent to a large extent on the ability to achieve and preserve high standards

More information

Disciplinary Policy. Review date: December 2014. Revision date: December 2017. Date of meeting: 12 January 2015

Disciplinary Policy. Review date: December 2014. Revision date: December 2017. Date of meeting: 12 January 2015 Disciplinary Policy Originator: Jane Doughty Review date: December 2014 Revision date: December 2017 Approved by: Personnel Committee Date of meeting: 12 January 2015 Name of Chairman: Marion Miles Approved

More information

Disciplinary and Dismissal Procedure

Disciplinary and Dismissal Procedure Disciplinary and Dismissal Procedure Governors Rules These rules are made under Articles 7 and 8 of the Articles of Government. 1. Terms of Reference 1.1. Under Article 8 the procedure for the dismissal

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

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

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

CORPUS CHRISTI CATHOLIC ACADEMY TRUST DISCIPLINARY POLICY AND PROCEDURE

CORPUS CHRISTI CATHOLIC ACADEMY TRUST DISCIPLINARY POLICY AND PROCEDURE DEFINITIONS In this Disciplinary Policy and Procedure, unless the context otherwise requires, the following expressions shall have the following meanings: i. Diocesan Education Service means the education

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

Sickness Absence Management Policy and Procedure

Sickness Absence Management Policy and Procedure Sickness Absence Management Policy and Procedure February 2014 SICKNESS ABSENCE MANAGEMENT AND POLICY AND PROCEDURE POLICY STATEMENT 1. Purpose and Core Principles 1.1. Leeds Beckett University aims to

More information

Model Allegations Management Policy for Knowsley Schools and Education Settings

Model Allegations Management Policy for Knowsley Schools and Education Settings 1 Model Allegations Management Policy for Knowsley Schools and Education Settings July 2015 Introduction 1. All schools and education settings have a duty to promote and safeguard the welfare of children

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

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