Heythrop College Disciplinary Procedure for Support Staff

Transcription

1 Heythrp Cllege Disciplinary Prcedure fr Supprt Staff Intrductin 1. This prcedural dcument des nt apply t thse academic-related staff wh are mentined in the Cllege s Ordinance, namely the Librarian and the Registrar. 2. The prcedure has been updated in light f the April 2009 ACAS Cde f Practice n disciplinary and grievance prcedures, which states that in rder t deal with disciplinary (and grievance) issues fairly, the fllwing shuld take place: Emplyers and emplyees shuld act cnsistently. Emplyers shuld carry ut any necessary investigatins, t establish the facts f the case. Emplyers shuld infrm emplyees f the basis f the prblem and give them an pprtunity t put their case in respnse befre any decisins are made. Emplyers shuld allw emplyees t be accmpanied at any frmal disciplinary r grievance meeting. Emplyers shuld allw an emplyee t appeal against any frmal decisin made The Cllege has varius plicies abut the standards f cnduct and perfrmance expected frm members f staff. Managers need t ensure that their staff are made aware f the standards expected f them while carrying ut their duties. The disciplinary prcedure has been created s that staff will be encuraged t maintain satisfactry standards f cnduct and jb perfrmance. 4. It is the respnsibility f the line-manager t mnitr staff perfrmance and cnduct and try t reslve any issues which might arise. The line-manager will decide what matters are likely t warrant disciplinary actin being taken. 5. The effective use f the prcedure will ensure that staff are warned at the earliest pprtunity f any miscnduct r failure in jb perfrmance and creates a fair prcess fr dealing with disciplinary issues. 6. The Human Resurces Manager will advise managers and staff at varius stages f the disciplinary prcedure. It is imprtant that line-managers cntact the Human Resurces Manager befre starting the frmal disciplinary prcedures. This will ensure that the crrect prcedure is fllwed and will als ensure that all relevant dcumentatin is cpied t the persnnel files. 7. The Human Resurces Manager will keep cpies f dcumentatin relating t each case and will assist in keeping track f imprtant dates during the disciplinary 1 ACAS Cde f Practice 1: Disciplinary and Grievance Prcedures, April 2009, page 4. 1

2 perid (fr instance, a date when a warning will be deleted frm the member f staff s file). 8. The disciplinary prcedure belw des nt extend t members f staff while they are n prbatin. Please refer t the Prbatin Plicy and Prcedures dcument fr further details. Infrmal Discussins 9. Where perfrmance r cnduct des nt meet the required standards, the linemanager will arrange t have infrmal discussins with the member f staff. The line-manager will make it clear t the member f staff what the issue is, and ffer any suggestins n hw t imprve perfrmance r cnduct. 10. The line-manager will keep a nte f this discussin. This will include the matter f cncern, the date f the discussin and any suggestin made t the member f staff. The nte shuld be cpied t the member f staff, and kept by the linemanager fr a perid f six mnths. Frmal Prcedure 11. Where infrmal discussins r meetings d nt bring abut the desired imprvement in perfrmance r cnduct, the line-manager will initiate the frmal disciplinary prcedure by writing t the member f staff in questin; the letter wuld state the matter fr which the frmal disciplinary prcedure is being started. The letter will state that the member f staff will be invited t a meeting with his/her linemanager and will state that the member f staff can be accmpanied. The linemanager will arrange fr the meeting t take place in a suitable meeting rm where there will be n unnecessary interruptins. 12. The tw main stages f the disciplinary prcedure are as fllwed, with details f each stage n the pages belw: First stage f the frmal prcedure; Final written warning. Representatin during the Frmal Prcedure 13. As nted abve, at any stage f the frmal disciplinary prcedure, any member f staff invlved in the interviews r hearing has the right t be accmpanied by a fellw wrker, a trade unin representative, r an fficial emplyed by a trade unin. 14. A fellw wrker wh has agreed t accmpany a clleague t a disciplinary interview r hearing will be entitled t a reasnable amunt f paid time ff t carry ut his/her duties. A lay trade unin fficial will als be permitted t take paid time ff t accmpany a wrker t an interview r a hearing, prvided that the fficial wrks at the Cllege. 2

3 Keeping Recrds f Disciplinary Prceedings 15. At each stage f the frmal disciplinary prcedure, written recrds will be kept by the line-manager and als in the Human Resurces Office, in accrdance with the principles f the Data Prtectin Act 1998, and will be treated as strictly cnfidential. Managers r supervisrs shuld therefre ensure that cpies f crrespndence and recrds f meetings are sent t the Human Resurces Office after each stage f the frmal disciplinary prcess. It is imprtant that these dcuments are sent prmptly s that any annual increment payable can be suspended if necessary. Annual Increments and Frmal Disciplinary 16. If a member f staff wh is n the 51-pint pay scales has frmal disciplinary prceedings against him/her, he/she will nt be receive an annual increment, if ne is due; this des nt affect any annual cst f living increases applied t the pay structure. 17. When it is established that perfrmance r cnduct is satisfactry, the linemanager will meet with the member f staff t infrm him/her that his perfrmance and cnduct is nw satisfactry. The line-manager will then ntify the Human Resurces Manager. 18. The Human Resurces Manager will ntify staff that their annual increment has been suspended r reinstated. Reinstatement will be frm the date f the meeting at which the member f staff was infrmed f his/her satisfactry perfrmance. If the line-manager can cnfirm satisfactry perfrmance frm an earlier date, backdating n the increment will be allwed t that date. First stage f the frmal prcedure 19. The line-manager will arrange an interview with the member f staff, giving at least five wrking days ntice fr him/her t attend, and letting him/her knw that it is a disciplinary meeting. 20. If the issue is based n a specific incident, the interview shuld, if reasnably pssible, take place within five wrking days f the incident. 21. The fficial ntificatin fr the interview will als state that the member f staff has the right t be accmpanied by a fellw wrker, a trade unin representative, r an fficial emplyed by a trade unin. 22. At the meeting, the line-manager will state the member f staff is being given a first stage written warning fr unsatisfactry cnduct r jb perfrmance. In a case f unsatisfactry cnduct, the written warning will state the nature f the miscnduct, the change f behaviur required, and the right t appeal. The warning will als state that a final written warning may be cnsidered if there is n sustained satisfactry imprvement r change in cnduct with a specified perid f time. 3

4 23. In a case f unsatisfactry jb perfrmance, the warning will state the perfrmance prblem, the imprvement required, the timescale within which perfrmance must be imprved, any assistance which may be given and the right t appeal. The warning will als state that a final written warning may be cnsidered if perfrmance is nt imprved within the given timescale. 24. A recrd f warning will be kept fr six mnths by the line-manager and a cpy sent t the Human Resurces Office. Final Written Warning 25. If the member f staff s cnduct r perfrmance is still unsatisfactry within the perid which was specified in the previus warning, a final frmal written warning will be issued. 26. The member f staff will be sent ntificatin asking him/her t attend a disciplinary meeting, stating what he/she is alleged t have dne; the ntificatin will als state that he/she may be accmpanied by a fellw clleague r a unin representative if he/she wishes t be. 27. At the meeting, the line-manager will state that there has been n imprvement in cnduct r perfrmance since the secnd warning had been given. The member f staff will be allwed t give reasns fr his cnduct r perfrmance. 28. The line-manager will then state that a final frmal warning is being given and will give a specific perid f time within which the member f staff will be expected t imprve his/her perfrmance r cnduct. 29. The line-manager will clearly state that failure t imprve r rectify the situatin will result in a recmmendatin fr dismissal. 30. The line-manager will infrm the member f staff that he/she has the right t appeal against the third frmal warning decisin by writing t the Directr f Administratin and Clerk t the Gverning Bdy, and may d s within five wrking days f being issued the warning. Refer t the sectin n appeals, belw. 31. The final frmal warning will be written up after the meeting has taken place, and must state clearly that failure t cmply will result in recmmendatin fr dismissal. 32. A cpy will given t the member f staff and a cpy kept n file fr a perid f ne year, and cpy will be sent t the Human Resurces Manager. Dismissal 33. If, after the final frmal warning has been issued, there is n change in the cnduct r jb perfrmance in a specified perid, the line-manager will recmmend t the Chair f the Staffing Cmmittee that the member f staff be dismissed. 4

5 34. The Staffing Cmmittee, r sme members f the Cmmittee nminated by the Chair, will cnsider all the infrmatin relevant t the case; it may request further infrmatin frm the line-manager. 35. If it is necessary, the Staffing Cmmittee might ask fr the member f staff t be suspended with full pay pending the cnclusin f their enquiries. The Human Resurces Manager will ntify the member f staff if this is t take place. 36. Once the Staffing Cmmittee has made decisin t dismiss a member f staff, the Human Resurces Manager will write t the member f staff infrming him/her f the dismissal and stating clearly the reasn fr dismissal and the date frm which emplyment will terminate. 37. The letter will als state that the member f staff can appeal against the dismissal by writing t the Directr f Administratin and Clerk t the Gverning Bdy. He/she has ten wrking days frm the date f receipt f the dismissal letter within which t make the appeal. 38. The members f staff dismissed will be given ntice accrding t his/her cntract, but will be suspended frm duties until the date f terminatin f emplyment. Appeals 39. Appeals against frmal warnings and against dismissals can be made in writing t the Directr f Administratin and Clerk t the Gverning Bdy. 40. A member f staff wishing t appeal against a frmal warning shuld d s within five wrking days f receipt f the written ntice f warning. While appeals against dismissal shuld be made within ten wrking days f receiving the written ntificatin f the dismissal. The appeal ntice must specify the reasn(s) fr the appeal. 41. The Directr f Administratin and Clerk t the Gverning Bdy, will appint an Appeals Cmmittee cmprising f up t three lay members f the Gverning Bdy wh have nt been previusly invlved in the case. 42. The Directr f Administratin and Clerk t the Gverning Bdy, wh will act as secretary t the appeal, will invite the member f staff t a hearing, giving at least five wrking days ntice, and infrming him/her f the right t have a trade unin representative r fellw wrker present at the hearing. 43. Where disciplinary actin has taken the frm f dismissal, the appeal shuld be heard during the perid f ntice. In the case f summary dismissal r dismissal with pay in lieu f ntice, the perid wuld be that which therwise cnstituted the perid f ntice fr the individual cncerned. 44. The member f staff will be infrmed f the Appeals Cmmittee members in the invitatin t the hearing, alng with the time and date and venue f the hearing. 5

6 The member f staff may bject t any r all f the Cmmittee members n just cause. 45. The member f staff will be able t call witnesses and prduce dcuments relevant t his/her defense at the hearing. 46. In a case f alleged physical r mental incapacity, the Cllege shall and the member f staff may call medical evidence. 47. The member f staff and/r the representative shall have the right, in reasnable time befre the hearing, t inspect any dcuments t be prduced by the Cllege, except medical reprts, subject t the prvisins f the Access t Medical Reprts Act 1988, and t be infrmed f any witnesses wh may be called by the Cllege. 48. The Cllege shall have a reciprcal right t ask fr disclsure f any relevant dcumentary evidence prir t the appeal hearing. 49. If, at any stage, an appeal against dismissal r ther disciplinary actin is upheld, reference t such dismissal r disciplinary actin shall be deleted frm the member f staff s recrds, and the member f staff will be ntified in writing accrdingly. 50. If a lesser sanctin is substituted fr dismissal, the member f staff will be ntified in writing. 51. The right f appeal under this disciplinary prcedure applies nly t terminatin f emplyment fr disciplinary reasns and nt t terminatin f emplyment: f emplyees ver nrmal retirement age; n grunds f redundancy; at the expiry f a fixed-term cntract. 52. Grss Miscnduct 53. Offences which are cnsidered as matters f grss miscnduct will lead t instant dismissal. 54. There is n exhaustive list f ffences which are cnsidered acts f grss miscnduct, hwever a few f such ffences are listed belw. theft, fraud, deliberate falsificatin f Cllege dcuments criminal activities; fighting, assault n anther persn; sexual r racial harassment; deliberate damage t r misuse f Cllege prperty; alchl r drug abuse; grss negligence; grss insubrdinatin. 6

7 55. In cases f grss miscnduct, the member f staff will be suspended prir t the dismissal, with nrmal remuneratin, while an investigatin takes place. The Staffing Cmmittee, r members f the Cmmittee, will be respnsible fr cnducting the investigatin. The member f staff will be given a letter stating the reasns fr the suspensin. 56. The investigatin shuld nt nrmally last fr mre than ten wrking days. Only after a full investigatin f the incident will the member f staff be dismissed. 57. If apprpriate, the member f staff will be given the pprtunity t state the reasns fr his/her actins and may be asked t attend a meeting with (members f) the Staffing Cmmittee. The member f staff wuld be ntified in written t attend the meeting and will be infrmed that he/she may be accmpanied by a unin representative r a fellw wrker if he/she wishes t d s. 58. Dismissal n the grunds f grss miscnduct is withut ntice, and the member f staff will be given payment in lieu f ntice. 59. The Staffing Cmmittee, r members f the Cmmittee, will make the decisin t dismiss the member f staff after cnsidering all the infrmatin relevant t the case. 60. The Human Resurces Manager will write t the member f staff stating that he/she has been dismissed, giving the reasn fr dismissal. The letter will als state the date f terminatin f emplyment and that the member f staff has the right t appeal against the dismissal. 61. The member f staff can appeal against the dismissal by writing t the Directr f Administratin and Clerk t the Gverning Bdy. He/she has ten wrking days frm the date f receipt f the dismissal letter within which t make the appeal. 7