The purpose of this policy is to help and encourage all employees to achieve and maintain standards of conduct.
Scope
18.1 The company rules in this Policy apply to all employees who have over 24 month’s service. Those employees with less than 24 month’s service may be subject to an abbreviated procedure. The aim is to ensure consistent and fair treatment for all in the organisation.
Principles
18.2 Informal action will be considered, where appropriate, to resolve problems.
18.3 No disciplinary action will be taken until a reasonable investigation of the allegations has been undertaken.
18.4 Employees will have the right to be accompanied by a trade union representative or work colleague to any disciplinary and/or appeal hearing.
18.5 At the disciplinary meeting employees will be given the opportunity to state their case before any decision is made.
18.6 No employee with over 24 months’ service will be dismissed for a first breach of discipline except in the case of gross misconduct, when the penalty will be dismissal without notice or payment in lieu of notice.
18.7 An employee with over 24 month’s service will have the right to appeal against any disciplinary action.
18.8 The procedure may be implemented at any stage if the employee’s alleged misconduct warrants this.
Process
18.9 A reasonable investigation of the allegations can include the gathering of evidence and also investigation meetings.
18.10 There is no right to be accompanied at any investigation meetings or right to prior notice of such meetings.
18.11 After an investigation, if it is considered there is enough evidence for concern, you will be invited to a disciplinary hearing with a senior manager.
18.12 You will be invited to a disciplinary hearing by letter, giving reasonable notice. In that letter you will be advised of the nature of the complaint against you.
18.13 You will be provided, where appropriate, with written copies of evidence and relevant witness statements in advance of a disciplinary hearing. Witness statements may be, in appropriate circumstances, anonymised.
Outcomes
First stage
18.14 This will normally be a first warning for misconduct if conduct does not meet acceptable standards. This will be in writing and set out the nature of the misconduct and the change in behaviour required, and the right of appeal. The warning will also inform you that further disciplinary action will be considered if there is no sustained satisfactory improvement or change. A copy of this written warning will be kept on your Human Resources file but will be disregarded for disciplinary purposes after 12 months subject to achieving and sustaining satisfactory conduct.
Final written warning
18.15 If the offence is sufficiently serious, or if there is further misconduct during the 12 month period of a first warning a final written warning may be given. This will only be issued following an investigation and hearing. This will give details of the complaint, the improvement required and the timescale. It will also warn that failure to improve may lead to dismissal (or some other action short of dismissal) and will provide a right of appeal. A copy of this written warning will be kept on your Human Resources file but will be disregarded for disciplinary purposes after 12 months subject to achieving and sustaining satisfactory conduct.
Dismissal or other sanction
18.16 If there is still further misconduct the final step in the procedure (following an investigation and hearing) may be dismissal or, in appropriate cases, some other action short of dismissal such as demotion, deduction of pay or transfer. Dismissal decisions can only be taken by senior management, and you will be provided in writing an outline of the reasons for dismissal, the date on which the employment will terminate, and the right of appeal.
18.17 If some sanction short of dismissal is imposed, you will receive details of the complaint, will be warned that dismissal could result if there is no satisfactory improvement in the future, and will be advised of the right of appeal.
Gross misconduct
18.18 The following list provides some examples of offences which are normally regarded as gross misconduct. This list is non-exhaustive:
- theft, dishonesty, falsification of documents or fraud
- physical violence/intimidation/aggressive behaviour or bullying
- deliberate/wilful damage to property or serious negligence causing substantial loss or damage to property
- serious negligence causing loss, damage or injury
- serious misuse of the Company’s property or name
- deliberately accessing internet sites containing pornographic, inappropriate, offensive or obscene material
- serious insubordination
- unauthorised absence
- failing to follow a reasonable management instruction
- unlawful discrimination or harassment, including sexual harassment, or victimisation
- bringing the Company into serious disrepute, including through the internet or other electronic means
- serious incapability at work brought on by alcohol or illegal drugs
- a serious breach of health and safety rules
- a serious breach of trust and confidence
- a criminal office or an allegation that warrants a police investigation
- an allegation of child abuse where there is reasonable cause to suspect a child is at risk or has suffered serious harm
- any breach of the Safeguarding Policy including a failure to report any safeguarding issue
- any act which leads to disqualification under the EYFS.
18.19 If you are accused of an act of gross misconduct, you may be suspended from work on full pay, whilst the alleged offence is investigated. If, on completion of the investigation and a disciplinary hearing, the Company is reasonably satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice.
Appeals
18.20 If you wish to appeal against a disciplinary decision you must do so within five working days. A nominated senior manager will hear the appeal and his/her decision is final.
Disqualification
18.21 Should you become disqualified the Company will inform Ofsted in accordance with Clauses 3.14 – 3.16 of the Statutory Framework for the Early Years Foundation Stage