Disciplinary Procedure Norlanders, Probationers and Newly Qualified Nannies (NQNs) Breach of the Norland Code of Professional Responsibilities

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1 Disciplinary Procedure Norlanders, Probationers and Newly Qualified Nannies (NQNs) Breach of the Norland Code of Professional Responsibilities 1 Introduction All students are given a copy of the Norland Code of Professional Responsibilities (the Norland Code) and receive lectures on the Norland Code to ensure that they fully understand what conduct is required of them both during their training and after leaving Norland College while working in a professional capacity as an early years professional. This Disciplinary Procedure will be triggered only after notification of an allegation of misconduct regarding a Norlander, NQN as defined below. Its purpose is to conduct a fair investigation into whether there has been a breach of the Norland Code by the Norlander, NQN and, if so, to determine the sanction (if any) that should be applied. This Procedure operates entirely separately from, without reference to, and subsequent to, any disciplinary enquiry or procedure that the Employer decides to undertake in accordance with statutory obligation and/or the contract of employment between the Employer and Employee and it is not to be taken as a substitution for any such enquiry or procedure. However, should the investigation conducted by the Employer be of a legal nature then the College must wait until any legal proceedings have been completed. The responsibility for conducting a disciplinary procedure or enquiry under the contract of employment or in accordance with statute remains solely that of the Employer. 2 Definitions 2.1 In the context of this Procedure the Norlander, NQN may be a qualified Norlander or a former student of the College who is undergoing his or her probationary / NQN post of employment. Complainant means the person from whom the complaint has been received. This may be the person by whom the Employee is employed or engaged, whether under a contract of employment or otherwise, a Norlander, NQN or any other person. 3 General Information 3.1 Every effort will be made to avoid the use of formal disciplinary action where problems can be remedied informally. 3.2 Where informal measures prove insufficient to address the issue, a verbal warning may be given. In the cases of more serious breaches there are three further formal disciplinary stages that may be invoked. These may include the possibility of the revocation of the Norland Diploma and badge. P a g e 1

2 3.3 Every Disciplinary Hearing (clause 8) should be preceded by investigation of the facts at a Disciplinary Meeting (clause 5).Where a staff member believes a Stage 2 or above disciplinary should occur, evidence should be presented to the Vice Principal, first to determine whether or not a Disciplinary Hearing should be called. 3.4 Full details of the Disciplinary Meeting should be recorded in writing and signed and dated. 3.5 The appropriate person should ensure s/he has considered all relevant information and documentation related to the cause for a Disciplinary Hearing. 3.6 Norlanders, Probationers or NQNs can be placed on any stage of disciplinary without having undergone the previous stage, the principle here being that the level of disciplinary action is determined by the alleged misconduct. P a g e 2

3 4 Action Upon Notification of an Allegation of Misconduct 4.1 Upon notification of an allegation of misconduct, the Agency will ascertain the nature of the allegation from the Complainant. 4.2 The following steps will be taken: The Agency will advise the Complainant of Norland s procedure in this instance (as below) The Agency will pass the contact details of the Complainant to the Agency Manager, the Early Years Consultancy Manager or a member of the Senior Leadership Team who will then contact the Complainant. The purpose of this contact is to establish the facts from the Complainant s point of view. The Complainant will be advised that the allegation will be investigated by Norland and appropriate action taken, but, in the case of a complaint from an employer, this is entirely separate from, without reference to and in addition to any disciplinary enquiry or procedure that the Complainant decides to undertake in accordance with statutory obligation and/or the contract of employment between the Complainant and Norlander or Probationer and it is not to be taken as a substitution for any such enquiry or procedure. The Agency will ascertain from the Complainant whether any such procedure is being actioned The Agency Manager, Early Years Consultancy Manager or Senior Leader will invite the Complainant to put their points down in writing if they wish. 5 The Disciplinary Meeting 5.1 Following the procedure set out below, in the first instance the Norlander, NQN will be invited to attend a meeting with two members of staff which may include the Head of CCS, Early Years Consultancy Manager, Agency Manager or a representative of Norland Agency. 5.2 If the Complainant is not the employer of the Norlander, NQN, the Agency Manager, the Early Years Consultancy Manager or a member of the Senior Leadership Team, will advise the employer (if applicable) that a complaint has been made about their employee. 5.3 The purpose of the meeting is to investigate the allegation and to listen to the views of the Norlander, NQN with regard to the allegation made by the Complainant. In cases of very minor breaches of the Norland Code, it is normally possible to help the Norlander, NQN to reflect upon the situation and to learn from the experience and to offer advice for future employment. If felt necessary, a verbal warning can be issued. If the breach is of a more serious nature the meeting will follow a more formal procedure (as outlined in stage 1 and 2 below). The result of this meeting and all action resolved to be taken and/or advice given will be put in writing and sent to the Norlander, NQN. 5.4 The Complainant will be advised of the action taken or advice given at the meeting and advised of any recommended action that he/she should take. P a g e 3

4 6 Procedures Stage Process Sanctions Misconduct Level Appeal Verbal None Warning Stage 1 Stage 2 Following the Disciplinary meeting the senior member of staff involved may issue a verbal warning although this is not obligatory. A note of the meeting and conversation will be kept on the Norlander, NQN s record The Disciplinary Meeting (as outlined in clause 5 above) will follow a more formal procedure. A full record of the meeting must be kept. This should be signed and dated and kept on the Norlander, NQN s record. Investigation for incidents of serious misconduct using the Disciplinary None other than advised that if behaviour is repeated it may lead to further disciplinary action. The Norlander, NQN will be advised to reflect on the situation and learn from it. Stage 1 warning issued with appropriate additional sanctions and reparation as appropriate (e.g. apologies to the parties concerned and / or recommended CPD). Staff involved in the meeting to monitor sanctions. This stage can be repeated once only (if appropriate) but then escalation to stage 2 is required Referral to the Vice Principal who will convene the Disciplinary Committee (clause Minor breaches of the Norland Code of Professional Responsibilities More serious breaches of the Norland Code of Professional Responsibilities Issues of Gross Misconduct and / or a serious breach of the Norland Code of Professional In writing to the Vice Principal within 5 working days. Appeal will be heard within 10 working days. Following the result of the Disciplinary Hearing, an appeal can be P a g e 4

5 meeting as outlined in clause 5 above) The Disciplinary Meeting will follow a more formal procedure. A full record of the meeting must be kept and should be signed and dated and kept on the Norlander, NQN s record. 7 and 8 below) The Disciplinary hearing may result in Stage 2 warning or recommendation for revocation of the Norland Diploma or badge Responsibilities NB - If the Complainant has alleged that the Norlander or Probationer has committed a criminal offence or negligently or recklessly caused a child s health or life to be put at risk the Complainant will be advised to contact the local Safeguarding Children Board for advice if a child protection issue has arisen. No investigation by the college may be carried out into the allegation until any legal proceedings have been completed. The Vice Principal will then make arrangements for the Disciplinary Committee to be convened. The Norlander, NQN will be notified in writing of the action taken. made in writing to the Principal within 5 working days. Appeal will be heard within 10 working days. Stage 3 Following a recommendation for Revocation of the Norland Diploma and Badge following a Disciplinary Stage 3 warning or revocation confirmed. P a g e 5 Will normally be preceded by a stage 2 hearing, however where the incident is deemed extremely serious a stage 3 hearing can be requested directly Following the result of this meeting an appeal can be made in writing to the Chair of the Board of Directors within

6 Hearing, the Principal will meet with the Norlander, NQN to consider revocation of the Norland Diploma and Badge. A full record of the investigation and hearing must be kept and should be signed and dated and kept on the Norlander, NQN s record. 5 working days, appeal will be heard within 10 working days. 7 The Disciplinary Committee 7.1 The Disciplinary Committee will be composed of at least three members of the Senior Leadership Team, one of whom must be the Vice Principal. 7.2 The Norlander, NQN will be advised of the date of the proposed Disciplinary Hearing (clause 8) and will be invited to attend the meeting. The Norlander, NQN will be further informed that he or she is entitled to be accompanied at the meeting by a colleague or Union representative. 7.3 The decision of the Disciplinary Committee will be subject only to any appeal lodged by the Norlander, NQN made in writing to the Principal within 5 working days. The Appeal will be heard within 10 working days. 8 The Disciplinary Hearing 8.1 The Vice Principal shall present a report to the Committee setting out the alleged disciplinary offence. 8.2 The Norlander, NQN may be present during this presentation and will be given the opportunity to put forward his/her case to the Committee. 8.3 Each party will have the opportunity to question the other on their presentations. 8.4 Witnesses shall be present at the hearing only when called upon to give their evidence and each party will have the opportunity to question the witnesses on their evidence. 8.5 At the conclusion of the submissions each party will have the opportunity to sum up. 8.6 During the course of the hearing each party may request one or more short adjournments. Such requests shall not be unreasonably refused. P a g e 6

7 8.7 The Disciplinary Committee will confer in private after the conclusion of the submissions and may recall the Norlander, NQN and any witnesses to clarify any evidence given but not to introduce any new evidence. 8.8 The decision of the Committee will be announced as soon as possible, either verbally at the end of the hearing, and then confirmed in writing as soon as reasonably possible, or in writing within three working days of the hearing. 8.9 A person nominated by the Vice Principal shall maintain a formal and detailed record of the hearing which will be available to the Norlander, NQN within seven days of the hearing. 9 Appeals 9.1 There is a right of appeal at all stages of the formal procedure. For stage 1, the Norlander, NQN should submit their appeal, in writing, to the Vice Principal within 5 working days of their hearing. The Vice Principal will hear the appeal usually within 10 working days. 9.2 For a stage 2 appeal, the Norlander, NQN should submit their appeal, in writing, to the Principal within 5 working days of their hearing. The Principal will hear the appeal usually within 10 working days. 9.3 For an appeal against revocation of the Norland Diploma and Badge, the Norlander, NQN should submit their appeal, in writing, to the Chair of the Board of Directors within 5 working days of their hearing, who will nominate three Board members to hear the case, usually within 10 working days. 9.4 In exceptional circumstances and at the request of the Norlander, NQN, a final appeal may be made to a panel of independent professionals. The Chair of the Board and/or the Principal of the College will decide whether it is appropriate to take this step and will, if necessary, convene an external appeals panel. 9.5 A written record of the appeals hearings will be kept, signed and dated by the Chair of the panel. 9.6 This procedure lays down timeframes to which the College will seek to adhere. However, there may be occasions where the time limits will slip. In that eventuality, the College will keep the Norlander, NQN fully informed of the reasons for this and when the hearings will take place. 10 Failure to Acknowledge Notice of Complaint and Failure to Attend 10.1 If the Norlander, NQN fails to acknowledge notice of the Complainant s allegation and subsequent invitation to attend a Disciplinary Meeting P a g e 7

8 (clause 5 above), the Vice Principal will write again to the Norlander, NQN at his/her address as registered with the Agency and at any other address known to the Agency If after all reasonable steps have been taken by the Vice Principal the Norlander, NQN fails to acknowledge the notice of complaint or fails to attend any meeting arranged by Norland without proper and reasonable excuse, the Vice Principal will write to the Norlander, NQN notifying him/her that as the matter has not been properly discussed the following result will ensue: a. a note of the Norlander, NQN s failure to attend the meeting or acknowledge the complaint will be made on the Norlander, Probationer or NQN s file. b. no reference will be given by Norland for any subsequent employment sought by the Norlander, NQN s until the allegation has been properly resolved in accordance with the provisions of this Procedure, save that the dates of training by the Norlander, NQN at the College will be given if requested. c. the matter will be referred to the Disciplinary Committee who will take the steps set out in clause 10.4 below If the Norlander, NQN fails, without proper and reasonable excuse, to attend the meeting of the Disciplinary Committee referred to in clause 7 above, the steps set out in clause 10.2(c) will still apply The Disciplinary Committee will decide what action to take in a Norlander, NQN s absence. This could involve the revocation of the Norlander, NQN s Norland Diploma and badge or other disciplinary action. The Committee s decision will be final, subject to any Appeal lodged by the Norlander, NQN in accordance with the Appeals Procedure. P a g e 8