Grievance and. Discipline Policy

Transcription

1 Grievance and FPSS Grievance and 1 Approved: November 2015

2 FPSS Grievance and 2 Approved: November 2015

3 Grievance Procedure 1. Purpose and scope 1.1 The Governing Body accept the principle that if individuals have a grievance relating to their employment, they have a right to express it. This includes allegations of acts or statements of discrimination by mangers or employees which contravene legislation and academy policy on matters of equality. 1.2 The procedure does not apply to disciplinary or capability matters, for which separate procedures exits. 2. Employees covered by this procedure 2.1 This procedure is applicable to all employees at a school. If the aggrieved person is the Headteacher of the school, it would be appropriate to proceed direct to Stage 3 of the Procedure. 3. Principles 3.1 A grievance may be raised by an employee personally, or on behalf of the employee by a trade union representative or work colleague, by whom the employee may be accompanied at all stages of the procedure. 3.2 A grievance may not be progressed beyond Stage 1 without the exact nature of that grievance having been made clear to the manager or Headteacher referred to in Stages 1 and 2 by the aggrieved party or the representative. 3.3 If new complaints are registered at a later stage of the Procedure, these will be dealt with by referring those matters back to Stage Grievances can be best resolved by raising the issue informally and directly with the member of staff concerned. The use of the formal procures should be used only where the informal approach is inappropriate or has been unsuccessful. 3.5 It is in the interests of all parties to resolve any grievance as speedily as possible. The time periods referred to in the procedure are maxima and every effort should be made to complete the processes as quickly as is practicable in the circumstances of the individual case. 4. Procedure 4.1 Where an employee wishes to raise an individual grievance with a view to achieving a satisfactory resolution of the problem, the following procedure will be used in sequence: FPSS Grievance and 3 Approved: November 2015

4 Stage 1: Referral to Manager The employee should see the immediate manager as that is the person who, in most cases, can best respond to the grievance. The aggrieved party should make it clear that the matter is being raised as a grievance under this formal procedure. Where the matter relates to a problem outside the immediate control of the manager (for example, a pay issue or a problem in relation to the working environment), the manager will raise the problem with an appropriate manager within the department concerned through the Headteacher of the school. A reply will be given as soon as possible and in any case within ten working days. Stage 2: Referral to Headteacher If the grievance is directly related to the employee s immediate manager and it is not possible to resolve the grievance by discussion with the manager, it will be appropriate to register the grievance at Stage 2. If an individual is dissatisfied with the outcome of Stage 1 and it appears that further discussions with the supervisor would not be likely to resolve the matter, the employee may invoke Stage 2 within 10 working days. At this stage, the grievance should be registered in writing with the Headteacher who will attempt to resolve the grievance. If the issues cannot be resolved, the Headteacher will invite and assist the parties to the grievance to prepare a mutually acceptable statement of facts. Stage 3: Referral to Governing Body Where it has been necessary to draw up a joint statement of facts and the individual remains aggrieved, the employee may write to the clerk to the governors within 10 working days of receiving the agreed joint statement, confirming that the grievance remains unresolved either in full or in part, and setting out the way in which, in the employee s view, the grievance could be resolved in a reasonable manner. A meeting of the Governing Body or its grievance panel will be arranged within 10 working days to discuss the grievance with the relevant parties, having regard to the joint statement of facts drawn up under Stage 2. No new material may be introduced by either side at this stage. However, the Governing Body or grievance panel may suggest a different approach or have regard to other material facts not raised by the parties in an effort to resolve the problem. The decision of the Governing Body or grievance panel will be notified to the employee within 10 working days of the meeting. The decision of the Governing Body or its grievance panel will be final on all matters including questions of grading. FPSS Grievance and 4 Approved: November 2015

5 Disciplinary Procedure 1 Purpose and Scope 1.1 The Governing Body's policy is to ensure that fair and effective arrangements exist for dealing with disciplinary matters and that as far as possible common standards are observed for all employees. 1.2 Separate procedures apply in respect of capability and grievance. 2 Employees covered by this procedure 2.1 This procedure is applicable to all employees at a school. 3 Principles 3.1 No disciplinary action will be taken against an employee until any allegation has been fully investigated. At all stages of the Procedure Section below, the employee will have the right to be accompanied by a trade union representative, employee representative or work colleague during the disciplinary interview. 3.2 Where an employee is required to attend a disciplinary hearing under the Procedure Section, there will be seven calendar days' notice to the employee explaining clearly the grounds for that hearing. 3.3 No formal disciplinary action will be taken against a trade union representative until the circumstances have been discussed with a full-time official of the union concerned. 3.4 A formal request by an employee or representative for a deferment where further time is required to prepare for a hearing will not be unreasonably refused, but such deferment will not normally exceed seven calendar days. 3.5 The procedure may be implemented at any stage, dependent upon the nature of the complaint. 4 Suspension 4.1 The Governing Body or Headteacher may suspend an employee on full contractual pay, for the minimum period possible while the responsible manager investigates the alleged offence. Immediate notification shall be given to the Headteacher to the Governing Body, as the case may be. A suspension may only be ended by the Governing Body. On ending such a suspension the Headteacher shall be informed. FPSS Grievance and 5 Approved: November 2015

6 5 Gross Misconduct The following list provides some examples of offences which are normally regarded as gross misconduct, depending on the circumstances of the case:- Theft, misappropriation of property, fraud, deliberate falsification of records; Fighting, assault on another person or threats of violence, including corporal punishment of students; Deliberate damage to school property; Serious incapability through alcohol; Being under the influence of illegal drugs; An act or omission at work which causes unacceptable loss, damage or injury; An act or omission at work which puts at risk people in the school s care; Serious act of wilful disobedience including failure to carry out a reasonable instruction, or offensive behaviour of a serious nature; Refusal to undertake duties in accordance with contract of employment; Deliberate disregard to a safety regulation or requirement. Serious breach of confidentiality; Sleeping on duty except when expressly permitted; Conduct at work likely to offend decency, including improper relationship with students; Improper use of the employee's position for his/her own or another's private advantage, or an attempt to do so; Deliberate contravention of the academy's standing orders or financial regulations; Criminal activities outside work where, in the opinion of the Governing Body, such conduct is incompatible with the individual's employment; It is stressed that this list is not exhaustive, but it does give an indication of the type of offence which would be regarded as gross misconduct and render an employee liable to summary dismissal. 6 Procedure Minor faults will be dealt with informally and appropriate counselling arranged, but where the matter is more serious, the following procedure will be used. A disciplinary hearing will be held in every case before formal disciplinary action is taken, and at least seven calendar days' notice of the hearing will be given unless an earlier date is mutually agreed. A copy of the Disciplinary Procedure will be provided to the member of staff. FPSS Grievance and 6 Approved: November 2015

7 Stage 1 : Oral Warning Where conduct does not meet acceptable standards, following a hearing the employee will normally be given an oral warning by the Headteacher, or if authorised to do so by the Governing Body, a Deputy Headteacher. A brief note of the oral warning will be kept on file and copied to the employee. If no further action is taken against the employee within 12 months, the file note will be disregarded for disciplinary purposes, but this period may be reduced by the Headteacher. Stage 2 : Written Warning If the offence is more serious, or a further offence occurs while a file note remains on record, a written warning will normally be given to the employee by the Headteacher, or if authorised to do so by the Governing Body, a Deputy Headteacher. It will give details of the complaint, the findings of the disciplinary hearing, the improvement required and the time scale. It will warn that action under Stage 3 will be considered if there is no satisfactory improvement and will advise of the right of appeal. A copy of the letter and associated documentation will be kept on file but it will normally be disregarded for disciplinary purposes after 12 months, subject to satisfactory conduct and performance but in appropriate circumstances this period may be extended to a maximum of 2 years. Stage 3 : Final Written Warning If the offence is more serious, or a further offence occurs while a written warning remains on record, a final written warning will normally be given to the employee by the Headteacher. It will give details of the complaint, the findings of the disciplinary hearing, the improvement required and the time scale. It will warn that action under Stage 4 will be considered if there is no satisfactory improvement and will advise of the right of appeal. A copy of the letter and associated documentation will be kept on file but it will normally be disregarded for disciplinary purposes after 2 years, subject to satisfactory conduct and performance. In exceptional circumstances, this period may be extended to such longer period as the Headteacher considers appropriate, and this decision will be made known to the employee at the time the warning is issued. Stage 4 : Dismissal If conduct remains unsatisfactory and the employee still fails to reach the prescribed standards, or for gross misconduct, dismissal will normally result. Normally, the Disciplinary Committee of the Governing Body take the decision to dismiss. However, under certain circumstances this can be delegated to the Headteacher. The Headteacher is entitled to attend to advise the Governors unless he or she is present for some other purpose. The employee will be given details of the complaint, the findings of the disciplinary hearing, the reasons for dismissal, and the right of appeal. FPSS Grievance and 7 Approved: November 2015

8 Other Penalties In some cases, the person or body taking disciplinary action may consider it necessary to impose additional penalties as follows:- a) Written Warnings The withholding of a benefit or privilege The withholding of an annual increment or experience point b) Final Warning The withholding of a benefit or privilege The withholding of an annual increment or experience point Reduction of status Disciplinary suspension without pay for up to a maximum of five working days. 7 Appeals An employee may register an appeal with the Clerk to the Governors. The appeal must be in writing and must set out the grounds for appeal. Appeals should be registered within seven calendar days of the notification of the decision. Unless having been party to the original decision, the Headteacher will hear appeals against oral or written warnings. The Disciplinary Appeals Committee of the Governing Body will hear appeals against final warnings or dismissal, or in other circumstances where the Headteacher cannot hear an appeal. The Headteacher is entitled to attend to advise the Governors unless he or she is present for some other purpose. Anyone who has been involved in the original decision to take disciplinary action shall not be permitted to hear an appeal and shall only take part in appeal proceedings as a respondent to the appeal or a witness. FPSS Grievance and 8 Approved: November 2015